City of Edmond NOTICE OF PUBLIC MEETING

City of EdmondNOTICE OF PUBLIC MEETING

The City of Edmond encourages participation from all its citizens. To request an accommodation due to adisability, please allow at least 48 hours prior to the scheduled meeting. Contact the ADA Coordinator byphone: 405-359-4518, TDD: 405-359-4702, or email: [email protected].

EDMOND CITY COUNCIL MEETINGEDMOND PUBLIC WORKS AUTHORITY MEETING

VIDEOCONFERENCE ONLY5:30 p.m., Monday, October 26, 2020

City Council MembersMayor Dan O'Neil - Participating Remotely via Videoconference

Mayor Pro Tem Nick Massey - Participating Remotely via VideoconferenceCouncilman David Chapman - Participating Remotely via VideoconferenceCouncilman Darrell Davis - Participating Remotely via VideoconferenceCouncilman Josh Moore - Participating Remotely via Videoconference

*IMPORTANT NOTICE* This meeting will be conducted via videoconferencing. The Meeting will beavailable to watch live on Cox Channel 20, AT&T U-verse Channel 99, and the City of Edmond's websiteat either http://edmondok.swagit.com/live/ or at http://edmondok.com/93/Watch-Live .*Notice regarding Public Comment* For any resident of Edmond that would like to Participate in publiccomment during the meeting, the following procedure will be in place to mirror the regular in-person CityCouncil meeting.

The meeting will be utilizing the Zoom videoconference platform that will go live approximately fiveminutes before the scheduled meeting time. There are two different ways to connect to the meeting toparticipate in public comment:

1. To utilize the Zoom platform on line utilizing a microphone, join the meeting at https://us02web.zoom.us/j/84317141287?pwd=U1htTHVJK3BrQVk1U2F1OUtXckMydz09 Meeting ID: 8431714 1287 & Password: 496852. To request to speak on an agenda item, utilize the "Raise Hand" featureduring that item and you will be called upon to speak when public comment is opened.

2. To connect to the meeting via phone, join the meeting by dialing (346) 248-7799. Meeting ID: 843 17141287 Password: 496852.To request to speak on an agenda item, press *9 during that item and you will be called upon to speak whenpublic comment is opened.

Note: Should a connection with any one of the City Councilmembers present for the videoconference belost, the meeting will be recessed to re-establish the connection.

1. Call to Order by Mayor O'Neil. 2. Approval of City Council Meeting Minutes: October 12, 2020. 3. Approval of Special City Council Meeting Minutes: October 7, 2020.

http://edmondok.swagit.com/live/

http://edmondok.com/93/Watch-Live

https://us02web.zoom.us/j/84317141287?pwd=U1htTHVJK3BrQVk1U2F1OUtXckMydz09

4. City Council Presentations:

1. City Manager's Progress Report. 5. General Consent Items:

A. Consideration of Approval of Administrative Items:

1. Approval of Supplemental Appropriation for the Police Public Safety Limited Tax Fund(PPSLTF) for the OHSO Grant - Motorcycle Safety Program; $43,500.

2. Approval of Supplemental Appropriation from City Council contingency for financial

assistance to the Edmond Fine Arts Institute for a new event for 2021 in DowntownEdmond – “VIBES” – 1st Thursdays Art Experience – April through October; $22,000.

3. Consideration of Acceptance of Final Plat for the Amended Plat of Oakridge Park.

4. Acceptance of donated Utility Easement from Covell Partners, LLC for public water and

sanitary sewer lines associated with the Preserve at Covell, located south of Covell Roadand one-half mile west of Midwest Boulevard.

5. Consideration of Acceptance of Final Plat, Improvements and Maintenance Bonds for

Ridge at Chitwood.

6. Consideration of Acceptance of Public Improvements and Maintenance Bonds for: Street bore and water line to serve Cox Communications Irish Lane Facility, 840 IrishLaneUtility bores for 2416 Amante Court, 2916 Cage Grove Way, 4209 Clevengen Drive,5209 Deerfield Drive and 4924 Sunspears DriveUtility bores for 316 N Arcadian Oaks, 1241 Lemon Ranch Road, 1240 ChelhamLane, 1248 Chelham Lane, 8609 Cherry Blossom Road, 8601 Cherry BlossomRoad, 4216 Clevenger Road, 3740 Cookson Road, 3309 Welling Road, 8801 AryaRoad, 8501 Buckeye Dr and 2216 Bretton LaneUtility bores for 3101 Dudley Drive, 5000 Sunspears Drive, 116 Anabelle, 8809 AryaRoad, 3001 Gold Finch Drive, 4225 Clevenger Drive, 2817 Dudley Drive, 8201 RidgeCreek Road, 8817 Arya Road and 5008 Sunspears DriveUtility bores for 1217 Nay Avenue, 2901 Gold Finch Drive, 2801 Dudley Drive, 8708Snow Court, 8716 Snow Court, 2809 Dudley Drive and 101 N Arcadian Oaks DriveUtility bores for 6165 Amberly Drive, 6155 Amberly Drive, 2524 Spring Lake Courtand 1708 Thornbrooke Boulevard

7. Approval of Supplemental Appropriation for the purchase an Aeroclave Portable

Decontamination System from Creative Buses off State Contract SW797 for $22,691.

8. Acceptance of donated Utility Easement from JDC Development, LLC for public water and

sanitary sewer lines associated with the Covell Valley Phase 2 development locatedsoutheast of Covell Road and Air Depot Boulevard.

9. Acceptance of donated Street Right-of-Way from The Mini's @ The Summit L.L.C. located

at on the north end of Saints Way, more generally southeast of I-35 and Danforth Road.

B. Consideration of Ordinances and Resolutions:

1. Approval of Resolution No.____ Providing Notice of Publication of Penal andother Ordinances.

2. Discussion and Possible Action with Respect to Resolution No._______ of The City of

Edmond, Oklahoma (the "City") approving action taken by The Edmond Public WorksAuthority (the "Authority") authorizing issuance, sale and delivery of a promissory note ofthe Authority to the Oklahoma Water Resources Board; ratifying and confirming a Lease, asamended, pertaining to the leasing of the City's water, sanitary sewer, garbage and electricsystems to the Authority; ratifying and confirming a Subordinate Lien Sales TaxAgreement; and containing other provisions related thereto.

C. Approval of Purchases:

1. Approval of additional Software and Services with Tyler Technologies, Inc regarding

Public Safety Systems; $29,194.

2. Consideration of CareATC Employee Clinic Service Agreement; $627,976.08.

3. Approval of Amendment #2 with Freese and Nichols for drainage contract amendmentrelating to detention and flow of stormwater in the Stephenson Park area; $79,525.

4. Consideration and Approval of a Service Agreement with Lime Scooters (Neutron Holdings,

Inc.)

5. Approval of Amendment #3 to a Contract with Mekus Tanager Inc for ContractAdministration of Gracelawn Cemetery Expansion; not to exceed $25,000.

6. Acceptance of Bid and Approval of Contract for the West Downtown Parking and Alley

Improvements Project (related to the Ice House Development) and ResolutionNo.__________ Appointing Purchasing Agent for the Engineering Department;$564,211.70.

7. Approval of an Inter-Local Agreement between the City of Edmond and the Board of

7. Approval of an Inter-Local Agreement between the City of Edmond and the Board ofCounty Commissioners of Oklahoma County for rural roadway reconstructionimprovements on Danforth Road, between Post Road and Westminster Road; $550,000.

<Recess Edmond City Council Meeting and Convene Edmond Public Works Authority

Meeting> 6. Approval of EPWA Meeting Minutes: October 12, 2020. 7. EPWA General Consent Items:

A. Consideration of Approval of Administrative Items:

1. Consideration of Resolution No. ________ Amending the Name of the Kickingbird TennisCenter Advisory Board to the Edmond Center Court Advisory Board.

2. Discussion And Possible Action With Respect To Resolution No._______ Of The Edmond

Public Works Authority (THE “BORROWER”) Agreeing To File Applications With TheOklahoma Water Resources Board For Financial Assistance Through The Drinking WaterState Revolving Fund Program For The Purpose Of Financing The Expansion AndImprovement Of The Borrower's Water Treatment Plant Facilities And AuthorizingProfessional Services Agreements Pertaining To Said Financing; Approving AndAuthorizing A Drinking Water SRF Loan From The Oklahoma Water Resources Board InThe Total Aggregate Principal Amount Of Not To Exceeded $45,000,000.00; ApprovingThe Issuance Of Its Drinking Water SRF Promissory Note In The Total Aggregate PrincipalAmount Of Not To Exceed $45,000,000.00, Secured By A Pledge Of Revenues AndAuthorizing Its Execution; Approving And Authorizing The Execution Of A LoanAgreement For Drinking Water SRF Loan; Designation A Local Trustee And ApprovingAnd Authorizing The Execution Of A Trust Agreement; Approving And Authorizing TheExecution Of A Security Agreement; Ratifying And Confirming A Subordinate Lien SalesTax Agreement By And Between The City Of Edmond, Oklahoma (The “City”) And TheBorrower; Ratifying And Confirming A Lease, As Amended, Pertaining To The Leasing OfThe Water, Sanitary Sewer, Garbage And Electric Systems Of The City; ApprovingVarious Covenants; Approving And Authorizing Payment Of Fees And Expenses; AndContaining Other Provisions Relating Thereto.

B. Approval of Purchases:

1. Approval of BNSF Utility Crossing Agreement for Water System Master Plan Project

UPSZ-4: Danforth Water Line Project; $4,966.

<Adjourn Edmond Public Works Authority Meeting and Reconvene Edmond CityCouncil Meeting>

8. Planning Discussion Items:

A. Case #Z20-00016 Public Hearing and Consideration Ordinance No. ________ Rezoning for311 W. 2nd Street, from “E-1” General Retail Commercial to “B” Two-Family Residential,located on the north side of W. 2nd between Walnut and Fretz. (Bill Martin)

9. Update from City Staff and Discussion and Consideration of Amendments to Revised

Declaration of Emergency Regarding COVID-19. 10. Citizens Comments - (This is an opportunity for citizens to address the City Council. Remarks

should be directed to City Council as a whole and limited to five minutes or less.) 11. New Business - (In accordance with the Open Meeting Act, new business is defined as any

matter not known about or which could not have been reasonably foreseen prior to the time ofposting of the agenda.)

12. Adjournment.

City Council Item # 2. Meeting Date: 10/26/2020 Submitted For: Andrew Conyers, City Manager's Office

InformationItemApproval of City Council Meeting Minutes: October 12, 2020.

AttachmentsCC Minutes

Edmond City Council Minutes – October 12, 2020, Book 42, Page 313

EDMOND CITY COUNCIL MINUTES

October 12, 2020

1. Call to Order by Mayor O’Neil

Mayor O’Neil called the regular meeting of the Edmond City Council to order at 5:30 PM, Monday, October 12, 2020, via videoconference. The agenda for this meeting was posted in the City First Administration Building on October 7, 2020 at 2:35 PM.

PRESENT: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore, all were

participating remotely.

ABSENT: Councilmember Davis Mayor O’Neil stated this Regular Meeting is a public meeting, being conducted via the Zoom videoconference platform. Steve Murdock, City Attorney, stated the meeting is in compliance with the Open Meetings Act as

amended in Senate Bill 661 and during the COVID-19 pandemic, allows for videoconference or teleconference meeting. Should a connection with any one of the City Councilmembers present for the videoconference be lost, the meeting will be recessed to re-establish the connection. If a connection cannot be reestablished within 30 minutes, we will automatically adjourn and reconvene on October 13, 2020 or a later date and time.

Casey Moore, Director of Marketing & Public Relations, explained the procedures for public

comment via videoconferencing or by telephone. 2. Approval of City Council Meeting Minutes: September 28, 2020

Motion by Chapman, seconded by Massey, to approve the minutes of September 28, 2020. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None

3. General Consent Items A. Consideration of Approval of Administrative Items

1. City Manager's Financial Report for August

Motion by Moore, seconded by Massey, to approve agenda items 3. A. 1. Motion carried as follows:

AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore

NAYS: None

2. Presentation and Acceptance of the Downtown Edmond Parking Plan Final

Report


Ken Bryan, Long Range Planner, gave a presentation on the Downtown Edmond Parking Plan Final Report and summarized the consultant’s findings.

Mayor O’Neil asked for clarification about the color-coding of the occupancy map. Ken Bryan, Long Range Planner, stated that the areas marked in red indicate the

highest occupancy, while areas marked as green are the least occupied. Ken Bryan, Long Range Planner, stated one of the recommendations of the study

was for the implementation of a Downtown Management Organization. Mayor O’Neil inquired if this type of organization would be separate from the Central Edmond Urban District Board. Ken Bryan confirmed that it would be separate, and would be a stand-alone organization, apart from the City.

Mayor O’Neil asked if the Downtown Management Organization would be

contingent upon the establishment of a Business Improvement District. Ken Bryan, City Planner, stated it is not dependent on development of a Business Improvement District, but that would be one potential way to fund the organization.

Councilmember Chapman stated that an organization such as this could take on

some of the responsibilities currently managed by the Downtown Edmond Business Association, in addition to new responsibilities.

Councilmember Chapman stated that he is thankful that this study was conducted.

He said a positive result of this study was in the creation of the “streateries” policy, which allows for restaurants in the downtown area to use parking spaces as additional outdoor seating.

Mayor O’Neil asked how long the “streateries” would be allowed. Larry Stevens, City Manager, stated his understanding was that they would be

allowed through the end of the calendar year. Ken Bryan, Long Range Planner, stated that the City will evaluate how it is going for

businesses, and will look at whether or not the “streateries” policy is extended based on feedback and usage of the spaces.

Councilmember Moore stated he attended the public meeting pertaining to the

study earlier this year. He stated that with an increase of activity in downtown, one of the key needs will be security. He stated that he thinks the Downtown Management Organization will be charged with that responsibility. He stated that part of adding to security will be an increase of lighting in downtown alleyways, as activity levels in the area are increasing during evening and nighttime hours.

Councilmember Chapman stated the study also led to the origin of an alleyway study

and potential improvement plan. Mayor O’Neil asked about the status of creating a Business Improvement District

and asked if this was the same concept as a Tax Increment Financing District. Councilmember Chapman stated they are separate initiatives, and that BIDs typically function with the property owners in the district funding the organization.

Ken Bryan stated there have only been preliminary discussions about the creation of a Downtown Management Organization, and it will happen in conjunction with the Downtown Edmond Business Association.


Councilmember Chapman asked where the study could be accessed. Ken Bryan stated that it has been shared with the Downtown Edmond Business Association members, is located on the City website, and has been shared in other ways online. Councilmember Chapman stated that the Downtown Edmond Business Association will be involved in any potential creation of a Downtown Management Organization, and that he is grateful for the work they do.

Motion by Chapman, seconded by Moore, to approve agenda items 3. A. 2.

Motion carried as follows:

AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None

3. Approval of Supplemental Appropriation for the Police Public Safety Limited

Tax Fund (PPSLTF) for Veterinary Services Agreement; $16,500 4. Supplemental Appropriation for the Police Public Safety Limited Tax Fund

(PPSLTF) for Bidirectional Amplification Systems at Heartland Middle School and Frontier Elementary School; $32,354.90

5. Consideration of Acceptance of Public Improvements and Maintenance

Bonds for the Downtown Community Center Renovation Project (Bid # B20-006), 28 E. Main Street

6. Acceptance of Body Armor Donation from SHIELD616 7. Acceptance of donated Utility Easement from Summit Property

Development, LLC & Raptor Development Group, LLC for public water and sanitary sewer lines associated with the Bungalow Heights development located on Saints Boulevard, one-half mile south of Danforth Road

Motion by Massey, seconded by Moore, to approve agenda items 3. A. (3-7).

Motion carried as follows:

AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None

8. Acceptance of two donated Utility Easements from Oklahoma State Bank

located at 2617 S. Kelly Avenue 9. Consideration of Acceptance of Final Plat, Improvements and Maintenance

Bonds for Bungalow Heights Section 1 10. Acceptance of donated Electric Easement North I-35 & 15th Street, LLC., an

Oklahoma limited liability company (as Grantor). Located at 3900 E 15th St., Edmond, Ok

11. Acceptance of a donated Sidewalk/Pathway Right of Way from the

Dayspring Church for the Ayers Street Bicycle Facility


Motion by Chapman, seconded by Moore, to approve agenda items 3. A. (8-11). Motion carried as follows:


NAYS: None B. Consideration of Ordinances and Resolutions 1. Consideration and Approval of Resolution No. 22-20 Programming a Surface Transportation Project at Danforth and Kelly. (Intersection Improvements)

Steve Manek, Director of Engineering, provided additional general information about the transportation project resolutions.

Motion by Chapman, seconded by Moore, to approve agenda items 3. B. 1. Motion carried as follows:


NAYS: None 2. Consideration and Approval of Resolution No. 23-20 Programming a Surface Transportation Project at Danforth and Sooner. (Intersection Improvements)

Motion by Moore, seconded by Chapman, to approve agenda items 3. B. 2. Motion carried as follows:


NAYS: None 3. Consideration and Approval of Resolution No. 24-20 Programming a Surface Transportation Project on Danforth, Fretz to Thomas. (Road widening and turn lane additions)



NAYS: None 4. Consideration and Approval of Resolution No. 25-20 Programming a Surface Transportation Project on Edmond Rd/2nd St, from Santa Fe to I-35. (ADA Access Improvements)



NAYS: None C. Approval of Purchases


1. Consideration of Agreement for Professional Services with Tyler Powell of

CSS Partners in Oklahoma City; $22,000 Mayor O’Neil stated his appreciation for Nancy Nichols and her many years of

service with the City of Edmond, who formerly served as the City of Edmond lobbyist.

Motion by Chapman, seconded by Moore, to approve agenda items 3. C. 1. Motion carried as follows:


NAYS: None

2. Approval of Contract with Association of Central Oklahoma Governments

(ACOG) to provide traffic count data 3. Installation of bidirectional amplification systems at Heartland Middle

School and Frontier Elementary School, by Total Radio - Bearcom; $64,709.80

4. Consideration of Agreement with Dr. Grace Richter (DVM) to Provide

Veterinary Services at the Edmond Animal Shelter; $55,500 5. Acceptance of Bid and Approval of Contract for Roof Replacement/Repair at

Fire #4 and PD South and Resolution No. 26-20 Appointing Purchasing Agent for Facility Maintenance; $198,300

6. Approval of budgeted funds for Operating Expenditures for the

Guthrie/Edmond Regional Airport (August 2020); $8,194.65 Motion by Massey, seconded by Chapman, to approve agenda items 3. C. (2-6). Motion carried as follows:


NAYS: None

Motion by Moore, seconded by Chapman, to recess the City Council Meeting and convene the Edmond Public Works Authority Meeting. Motion carried as follows:


NAYS: None Mayor O’Neil reconvened the City Council Meeting. 6. Planning Discussion Items A. Case #Z20-00014 Public Hearing and Consideration or Ordinance No. 3800 for Rezoning from “D-0 PUD” Suburban Office Planned Unit Development and “D-1 PUD” Restricted Commercial Planned Unit Development to “PUD Z20-00014” Planned Unit Development for Crossings Church-East, located on the northwest


corner of Covell Road and Air Depot Boulevard. (Crossings Community Church, Inc.)

Randy Entz, Director of Planning & Zoning, provided additional general information about the applicant’s request for rezoning and the proposed PUD. He stated the Planning Commission recommended approval at their September 22, 2020 meeting.

Todd McKinnis, representing the applicant, provided additional general information about the PUD. Mayor O’Neil stated his concerns for the size of sign the applicant intends to have.

Todd McKinnis stated the proposed sign is shorter than what would be allowed for the location. He also stated that they had a good meeting with the adjacent neighborhood Homeowner Association about their concerns.

Mayor O’Neil asked what height of sign would be allowed on the property to the northeast. Randy Entz, Director of Planning and Zoning, stated that 42 feet would be allowed at that location. Mayor O’Neil asked if they have design specifications for the sign. David Jones, Engineer of Record for the project, stated that at this time, zoning is what is being considered, and that design specifications have not been established yet. Todd McKinnis, representing the applicant, stated that it will likely be similar to the other Crossings Community Church, located off of Covell Road. Councilmember Moore stated that he understands that their proximity to the interstate justified their need for a taller sign. Mayor O’Neil stated that there was a master plan for the design standards of the I-35 corridor, and that signage needs to be evaluated to remain consistent with those standards. Mayor O’Neil stated he appreciated that they had a community connections meeting with the adjacent Homeowner Association. No one requested to speak on this item.

Motion by Chapman, seconded by Massey, to approve agenda item 6. A. Motion carried as follows: AYES: Councilmembers Chapman, Massey, and Moore NAYS: Mayor O’Neil B. Case #PR16-00031 Public Hearing and Consideration of an amendment to the Final Plat for Oakridge Park, located on the west side of Sooner, north of Covell Road. (Oakridge Park, LLC)

Randy Entz, Director of Planning & Zoning, provided additional general information about the applicant’s request to amend the final plat. He stated the Planning Commission recommended approval at their September 22, 2020 meeting. Ernie Isch, representing the applicant, was available to answer questions.


No one requested to speak on this item. Motion by Moore, seconded by Chapman, to approve agenda item 9. B. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None C. Case #PR20-00016 Public Hearing and Consideration for a Final Plat for Highgarden Phase 3, located on the southeast corner of Sorghum Mill and Douglas. (Johnson & Associates, Inc)

Randy Entz, Director of Planning & Zoning, provided additional general information about the applicant’s request for final plat approval. He stated the Planning Commission recommended approval at their September 22, 2020 meeting. The applicant was available to answer questions. Mayor O’Neil asked if there was any plan for tree preservation. The applicant stated it would be similar to Phase I of the project, and will meet all of the standards of the approved PUD. Mayor O’Neil asked what the percentage of tree preservation would be. The applicant stated she did not know the percentage, but could research it. No one requested to speak on this item.

Motion by Massey, seconded by Moore, to approve agenda item 9. C. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None D. Case #SP20-00013 Public Hearing and Consideration for a Commercial Site Plan for Hundred Oaks Village Phase 2 Lots 3 & 4, located east of S. Kelly and Hundred Oaks Drive. (Lambrecht Construction, LLC)

Randy Entz, Director of Planning & Zoning, provided additional general information about the applicants request for site plan approval for Hundred Oaks Village. He stated the Planning Commission recommended approval at their September 22, 2020 meeting. Ernie Isch, representing the applicant, was available to answer questions. No one requested to speak on this item.

Motion by Moore, seconded by Chapman, to approve agenda item 9. D. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None


E. Case #PR20-00007 Public Hearing and Consideration of the Final Plat of Hidden Creek Second – a Replat of a Portion of Common Area C located on the north side of Danforth, approximately ½ mile east of Air Depot. (Farmhouse Partners, LLC) (This item was continued from the 09-28-2020 City Council meeting at the request of the applicant.)

Mayor O’Neil stated the applicant has requested this item to be continued to the November 23, 2020 City Council Meeting.

Motion by Chapman, seconded by Moore, to continue agenda item 9. B. to the November 23, 2020 City Council Meeting. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore NAYS: None 7. Discussion of a proposed ordinance related to the regulation of self-contained portable toilets, privately serviced waste containers, and portable storage units.

Ryan Ochsner, Director of Community Image, provided additional details about the ordinance that is being discussed. He stated that it would address the keeping of portable toilets, privately serviced waste containers, and portable storage units.

Steve Murdock, City Attorney, provided clarification on the definitions of portable toilets, privately serviced waste containers, and portable storage units and clarified that the intent of an ordinance would be to address the use of these facilities in residential areas. He provided additional details and stated this is a consistent issue that the Code Enforcement Department addresses. Councilmember Moore stated he has been alerted to issues. He stated that since some remodel permits do not have an expiration date, portable toilets on construction sites can stay indefinitely per current codes. He stated that he understands that portable toilets in a residential area for an extended time could bother neighbors. He stated that he leans towards placing an expiration on certain building permits, which could be renewed, but would hopefully incentivize permit applicants to conclude construction work and remove these facilities. Mayor O’Neil asked if a 90-day permit expiration would be too restrictive. Councilmember Chapman stated this could potentially be too quick of an expiration. Councilmember Moore stated that the construction industry can sometimes be unpredictable, so there would need to be some flexibility. He stated that main concern is that many of the construction permits have no expiration date. Councilmember Chapman asked Randy Entz, Director of Planning and Zoning, if the City of Oklahoma City has any policies in place to address this issue. Randy Entz stated he is not aware of the policies in Oklahoma City specific to these facilities, but that he could research them.

Scott Boyle, Manager of Building Services, stated that remodel construction permits have an expiration date of two years, which can be extended for 90 days with justification. He stated that a minimal amount of their permits reach that two year expiration. He stated he could see one-year permits as a reasonable modification to the expiration date. Councilmember Moore stated that another option would be for the construction company to shield or block the view of these facilities.


Mayor O’Neil stated he would like this to be considered by the Planning Commission as well. Councilmember Moore asked if there is anything restricting these facilities from being located in the right of way. Ryan Ochsner, Director of Community Image, stated he is not aware of a specific code that addresses this.

Councilmember Chapman stated he thinks this discussion is warranted, as he has received complaints, but that there should be significant discussion before implementation.

Councilmembers conveyed agreement that staff should proceed with drafting and proposing an ordinance.

8. Update from City Staff and Discussion and Consideration of Amendments to Revised Declaration of Emergency Regarding COVID-19 Issued on August 24, 2020

Matt Stillwell, Director of Emergency Management, stated COVID-19 numbers are continuing to increase. He stated that the Health Department thanked Mayor and council for extending the mask ordinance, and that they state their belief that consistent wearing of masks has aided in managing response to COVID-19. He stated that there has been a spike in positive cases, but that the County positivity rate, which is the number of positive cases in regards to the number of tests administered, has started to lower. He clarified that the state’s positivity rate is up.

Mayor O’Neil asked if there have been any changes at the state level in terms of COVID-19 response. Steve Murdock, City Attorney, stated that there has been no change.

Mayor O’Neil asked if there have been any changes in the number of employees that have tested positive for COVID-19.

Larry Stevens, City Manager, stated that 13 employees have now tested positive for COVID-19. He confirmed that the majority of these employees have recovered. No action was taken.

9. Citizens Comments None 10. New Business None 11. Adjournment

Motion by Moore, seconded by Chapman, to adjourn the City Council Meeting. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Massey, and Moore

NAYS: None

___________________________________ ___________________________________ City Clerk Mayor


InformationItemApproval of Special City Council Meeting Minutes: October 7, 2020.

AttachmentsSpecial Meeting Minutes


EDMOND CITY COUNCIL MINUTES

October 7, 2020 1. Call to Order by Mayor O’Neil

Mayor O’Neil called the Special meeting of the Edmond City Council to order at 5:30 PM, Wednesday, October 7, 2020, via videoconference. The agenda for this meeting was posted in the City First Administration Building on October 5, 2020 at 8:10 AM.

PRESENT: Mayor O’Neil, Councilmembers Chapman, Davis, Massey, and Moore, all were

participating remotely.

ABSENT: None Mayor O’Neil stated this Special Meeting is a public meeting, being conducted via the Zoom videoconference platform to consider amending the declaration of emergency regarding COVID-19 and the expiration date of the face covering mandate. Steve Murdock, City Attorney, stated the meeting is in compliance with the Open Meetings Act as

amended in Senate Bill 661 and during the COVID-19 pandemic, allows for videoconference or teleconference meeting. Should a connection with any one of the City Councilmembers present for the videoconference be lost, the meeting will be recessed to re-establish the connection. If a connection cannot be reestablished within 30 minutes, we will automatically adjourn and reconvene on October 8, 2020 or a later date and time.

Casey Moore, Director of Marketing & Public Relations, explained the procedures for public

comment via videoconferencing or by telephone. Councilmember Massey stated due to citizens’ requests and feelings of being disenfranchised, he

would like for Councilmembers to consider returning to holding in person City Council meetings. 2. Public Hearing and Consideration of Ordinance No. 3799 Amending Title 5 of the Edmond Municipal Code-Health and Sanitation, Chapter 5.18- COVID-19 Pandemic by Amending Section 5.18.060 Effective and Expiration Dates and Times; Declaring an Emergency and Providing for Repealer and Severability. Mayor O’Neil stated the only items on this agenda are to consider extending the face covering mandate and to consider revising the Declaration of Emergency Regarding COVID-19, issued on August 24, 2020.

Larry Stevens, City Manager, stated the City of Edmond has had eleven employees out of a full-time workforce of approximately eight hundred that have tested positive with the COVID-19 virus and another sixteen that are quarantined due to possible exposure; staff continues to work on finalizing requests for CARES Act reimbursement funds; City facilities still have restricted access; since the face covering mandate went into effect on August 26th, we have responded to a total of forty-seven calls regarding enforcing the mandate. No citations have been issued, though we have sent thirteen letters to locations with multiple complaints. Staff is only responding on a complaint basis.

Matt Stilwell, Director of Emergency Management, stated Edmond now stands at 1,669 total cases since the beginning of the COVID-19 pandemic, and our average per day count has increased from just under 20 cases per day to just over 20 cases per day. He introduced Latoya Knighten and Phil Maytubby, both from the Oklahoma City County Health Department.


Latoya Knighten and Phil Maytubby provided additional general information on the COVID-19 pandemic statistics and current increasing trends, and stated cities without face covering mandates have a 30% higher number of positive cases compared to cities with face covering mandates.

Steve Murdock, City Attorney, stated Edmond’s current Declaration of Emergency Regarding COVID-19 issued on August 24, 2020 is in effect until October 12, 2020. The proposed Ordinance only extends the face covering mandate until November 30, 2020 and staff does not recommend any other changes at this time.

Councilmember Davis stated he is in favor of keeping businesses open and the economy moving forward, so he does support extending the face covering mandate. He encouraged civility from people on both sides of the face covering issue.

Mayor O’Neil provided information that supports the two-week delay before actions show an effect on the COVID-19 statistics, including the average number of cases using zip code data, a slight drop in cases when opening up, an increase following Father’s Day, a decrease following businesses being required to post their facial covering policy, an increase following Schools reopening, and we are still averaging just over 20 cases per day since September 22nd. He stated the current goal is for schools to return to fulltime in-person classes, which will allow parents to return to work, and our community to return to normal. He thanked Mark Nash for his efforts with the statistical data.

Dr. Wes Hill stated he is a local resident, and he represents approximately seventeen doctors that are in support of freedom of choice, and they do not support extending the face covering mandate. He asked City Council for the end game plan. Cheryl William, local resident, spoke in opposition to extending the face covering mandate, stating concerns of mandates causing an increase in anger, depression, and suicides in our community. Dr. John Harkess, local resident, spoke in favor of extending the face covering mandate, stating facial coverings are effective against the spread of the COVID-19 virus. He stated it would not make sense to allow the mandate to expire while case numbers are increasing and while our state’s per capita case numbers are in the nation’s top ten highest infection rates.

Liz Miller, local resident, spoke in opposition to extending the face covering mandate. She stated her agreement that UCO and Edmond Public Schools do need to return to full-time, in-person learning, but they are following the Board of Education’s recommendations, and Edmond’s face covering mandate will not affect the outcome.

Carolyn Munholland, local resident, spoke in favor to extending the face covering mandate. She stated it is the responsibility of local governments to pass regulations that protect the health and welfare of the community.

Councilmember Massey stated he is not against face coverings, but he is against mandating face coverings due to non-enforceability and government overreach. He questioned the legality of the mandate and believes the majority of our citizens are against it. He stated we are now past the emergency part of the COVID-19 pandemic, and stated we now need to figure out how to deal with this pandemic on a day to day basis.

Councilmember Chapman stated he agreed with Massey on some points. He stated he is also concerned about government overreach and infringing on freedoms. He stated concerns of finding the balance of protecting the safety, welfare, and freedoms of our citizens.

Councilmember Moore was experiencing audio issues while trying to comment so he declined further comment on this item.


Motion by Davis, seconded by Moore, to approve agenda item 2. Motion carried as follows: AYES: Councilmembers Chapman, Davis, and Moore NAYS: Mayor O’Neil, and Councilmember Massey

Motion by Moore, seconded by Davis, to approve the Emergency Clause to item 2. Motion carried as follows:

AYES: Mayor O’Neil, Councilmembers Chapman, Davis, and Moore

NAYS: Councilmember Massey 3. Update from City Staff and Discussion and Consideration of Amendments to Revised Declaration of Emergency Regarding COVID-19 Issued on August 24, 2020

Motion by Davis, seconded by Moore, to approve amending the Declaration of Emergency Regarding COVID-19 to reflect the new expiration date of November 30, 2020. Motion carried as follows:

AYES: Mayor O’Neil, Councilmembers Chapman, Davis, Massey, and Moore NAYS: None 4. Adjournment

Motion by Davis, seconded by Massey, to adjourn the City Council Meeting. Motion carried as follows: AYES: Mayor O’Neil, Councilmembers Chapman, Davis, Massey, and Moore

NAYS: None

___________________________________ ___________________________________ City Clerk Mayor

City Council Item # 4. 1. Meeting Date: 10/26/2020 Submitted For: Larry Stevens, City Manager's Office

InformationItemCity Manager's Progress Report.

AttachmentsOctober Progress Report

Larry Stevens, City Manager

[email protected] • Phone: (405) 359.4500 • Fax : (405) 359-4512

TO: Mayor and Council CC: Steve Commons Andy Conyers

Jim Smith Cinda Covel

Steve Murdock Natalie Evans

Kathy Panas

Casey Moore

FROM: Larry Stevens, City Manager

DATE:

SUBJECT: Monthly Progress Report – October, 2020

1. Traffic Signals & Turn Lanes for Exit/Entrance Ramps at I-35 & Covell

The plans for this ODOT project are 95% complete. Our people recently met with the

engineer to finalize the timing plans for the signals. Final plans should be delivered to the

City in the next month, and the goal is to advertise for bids in December. Our people are

double-checking with ODOT to make sure we have done everything needed to allow this

project to move forward.

As a reminder, we needed to accelerate the time frame for this project because of

significant increases in traffic due to the major new activities in the area. This resulted in

the City having to fund the entire cost, and $3M has been allocated from the 2000 capital

improvements sales tax.

2. AMI/Smart Meters

Some electric meters, water modules and communication gateways have been installed to

pick up the data from the meters in the test area, which will include around 530 electric

meters and 240 water meters. Some mechanical communication issues have been

identified, and once they have been resolved we will install additional meters in the test

area. IT continues working on the interfaces that will move the data from the meters to

the billing system.

The estimated time frame for the test area rollout is around April of next year. IF this

time frame is met the system-wide rollout would start sometime next fall.

This project will cost around $16M, with costs to be split between the Electric and Water

Departments.

M E M O

Larry Stevens, City Manager

[email protected] • Phone: (405) 359.4500 • Fax : (405) 359-4512

3. Water System Capital Projects: Control Building and Arcadia Lake Intake

Structure

The Control building will replace the existing Administration Building at the Water

Plant. Construction began in July of 2019 and is nearly 60% complete and expected to be

completed early next year. The cost is over $7.5M and is funded through the State

Drinking Water Revolving Loan Fund.

The Intake structure will replace the existing water intake at the Arcadia Lake dam that

was built with the original lake project in 1987. The design capacity of the new intake is

65 MGD (million gallons per day) and the current structure only allows for 12 MGD.

The new intake will be located near the Lake Park office and the cost estimate is $45M.

Our people are working through the permitting process with the Army Corps of

Engineers and we hope to bid the project early next year. The new intake will be capable

of taking the maximum amount of water permitted in order to facilitate future water

treatment upgrades.

Both of these projects were approved unanimously by the City Council as part of the

revised Water Master Plan Update in June of 2019.

4. Sales & Use Taxes

Our fourth monthly check of the current fiscal year certainly reflects that our sales tax

collections have definitely slowed for the past couple of months, as they have for most of

our comparison cities too. Sales tax revenue increased slightly from the same period last

year, by .5%. However, a 3.73% increase through 4 months, in our current unknown

environment, is still very good — especially compared to our zero-growth annual budget

projection.

Use tax revenues were up 13% for the month, and cumulatively 21% for year.

Combined sales and use tax revenue is up year-to-date by 7.25%.

5. Conservation University

We are wrapping up our first year of our new water conservation educational campaign,

Conservation University. This higher education themed campaign engages our residents

as “students” to learn the importance of conserving water and best ways to do so. The

Marketing department, in conjunction with Water Resources and OSU-OKC, is building

a free resource with lots of helpful information at http://edmondwater.com/cu. It is

anticipated that this campaign will last several years, and new materials will be added on

a regular basis.

http://edmondwater.com/cu

City Council Item # 5. A. 1. Meeting Date: 10/26/2020

Submitted For: JD Younger Submitted By: LarryCampbell,Police

InformationItemApproval of Supplemental Appropriation for the Police Public Safety Limited Tax Fund(PPSLTF) for the OHSO Grant - Motorcycle Safety Program; $43,500.

BackgroundThe Edmond Police Department was approved for a grant from the Oklahoma HighwaySafety Office (Grant # STMC-21-02-02-23) in the amount of $43,500 for the period ofOctober 1, 2020 through September 30, 2021. The purpose of this grant is to allow theDepartment to continue implementing a 2 phase Motorcycle Safety Program, including: 1)a Motorcycle Awareness Program that will provide public awareness, public serviceannouncements and other outreach programs to enhance driver awareness of motorcyclists,such as the "Share the Road" safety messages developed and using Share-the Road modellanguage; and 2) the expansion and delivery of a Motorcyclist Safety Curricula for thepurpose of educating motorcycle riders in the safe operation of motorcycles. This is thetwelfth year for Edmond's program and will include instruction in the area of sport bikesand cruiser bikes. Funds are provided for overtime, equipment, promotional items, travel,training and maintenance expenses. The Oklahoma Highway Safety Office has awardedthis grant on an expenditure driven basis therefore this supplemental is needed to fund theexpenses until they are reimbursed.

Time FrameOctober 1, 2020 through September 30, 2021.

IssueSupplemental appropriation is needed to fund overtime, equipment, promotional items,travel, training and maintenance expenses which will be reimbursed by a grant from theOklahoma Highway Safety Office.

RecommendationsStaff recommends approval.

Action Needed

Motion to approve supplemental appropriation request.

Public NotificationPosted Edmond City Council Agenda.

Fiscal ImpactFunding/Cost: $43,500

Budgeted Item Y/N or N/A:N

Account:From: Federal Public Safety Grants - 122041-7421 - $43,500To: Police–Uniform-Overtime - 122042-8104 - $26,800To: Police–Uniform Division-MSP Supplies - 122042-8253 - $5,000To: Police–Uniform Division-MSP Services - 122042-8370 - $11,700Total $43,500

AttachmentsNo file(s) attached.


Submitted For: Todd Hildabrand, City Manager's Office

Submitted By: Vicki Martin, City Manager's Office

InformationItemApproval of Supplemental Appropriation from City Council contingency for financialassistance to the Edmond Fine Arts Institute for a new event for 2021 in DowntownEdmond – “VIBES” – 1st Thursdays Art Experience – April through October; $22,000.

BackgroundThe Fine Arts Institute is requesting funds to help start and facilitate a new event inDowntown Edmond called VIBES in 2021 About VIBES:VIBES is a FREE event held in Downtown Edmond on the 1st Thursday of each monthfrom April through October. Participating downtown businesses, artists and performersinvite you celebrate creativity from 5-9pm. VIBES is excited to share all that DowntownEdmond has to offer. Get ready to be inspired by visual arts and captivated by the sounds and sights ofperformers as you stroll the streets of Edmond and engage with your local community.See www.edmondvibes.org for more information The funds FAI receives through the CARC are specifically for teaching art in schools andtheir regular programming. This is a separate request for additional funds . They arerequesting the council to see if they would consider these funds from their contingencyfund. This is purely a community driven program and outside the regular operatingactivities of the FAI which is why the need for separate funding. A self-formed committeeof community leaders (including Nick Massey) discussed this idea and wanted to moveforward, but we needed a driving force behind it. The FAI stepped up and took the reins,but now they need the money to make it happen. Both Josh Moore & David Chapmanexpressed their wishes of supporting and promoting more performing arts in Edmond. Sothey made sure that the “Art Walk” is going to be more than just visual art. It’s going to beall forms of art, music, cultural dances, etc. Hopefully VIBES will grow and as it does theywill be able to get sponsors to use for their future budget. While they are actively workingto secure sponsors for VIBES, their ask for City Council would be to consider designating$12,000 to be considered “seed money”. This would cover the expenses of the websitecreation, marketing materials and general event budget start up. For the Performing Artistfunding we ask that the Council consider designating $10,000 additional dollars

http://www.edmondvibes.org

specifically to pay the performers that would be hired monthly. A total of $22,000 is whatis being asked for consideration.

Time FrameUpon approval.

IssueIf Council approves the supplemental, a contract for services would be on the next agenda.


Action NeededMotion to approve.

Public NotificationPosted City Council Agenda.



Account:Transfer:From: General Fund - Restrict Reserves - City Council Contingency $22,000To: 001020- 8361 General Fund - City Council -Contract Services $22,000

AttachmentsVibes

Edmond First Thursday'sBudget Estimate

April - October 2021

Ordinary Income/ExpenseIncome

Artist Applications 1,000 50 artists

Sponsorships 12,000 City of Edmond 22,000

Total Income 35,000

ExpenseMusicians/Performer Fees 10,000 4 artist mo. @$300, plus possible headliner

Administration 10,500 1 week per mo.

Marketing/Website 12,000 Printing/Signage 2,000 Other 500

Total Expenses 35,000 Net Ordinary Income


Submitted For: Steve Manek Submitted By: RendiWehr,Engineering

InformationItemConsideration of Acceptance of Final Plat for the Amended Plat of Oakridge Park.

BackgroundThere are no public improvements to accept. This item is for acceptance of Final Plat only.

Time FrameAcceptance of the Plat at City Council meeting to allow for recording of Plat at OklahomaCounty Courthouse.

IssueAcceptance of the Plat.




Fiscal Impact



Submitted For: Steve Manek, Engineering Submitted By:MariahFields,Engineering

InformationItemAcceptance of donated Utility Easement from Covell Partners, LLC for public water andsanitary sewer lines associated with the Preserve at Covell, located south of Covell Roadand one-half mile west of Midwest Boulevard.

BackgroundMr. Jade Noles, on behalf of Covell Partners, LLC, is dedicating a public utility easementfor the water and sanitary sewer extensions serving Preserve at Covell located south ofCovell Road and one-half mile west of Midwest Boulevard. The dedicated easement willallow the City of Edmond to operate and maintain public water and sanitary sewer linesand appurtenances at this location in accordance with the approved Preserve at Covellfinal plat (PR18-00021).

Time FrameImmediate upon filing at the County.

IssueThe acceptance of the easement is needed in order for the documents to be filed of record.

RecommendationsStaff recommends acceptance.

Action NeededMotion to accept.


Fiscal ImpactFunding/Cost: N/A

Budgeted Item Y/N or N/A:N/A


Account:N/A

AttachmentsCovell Partners LLC UE (Preserve at Covell) Covell Partners LLC UE (Preserve at Covell)



InformationItemConsideration of Acceptance of Final Plat, Improvements and Maintenance Bonds forRidge at Chitwood.

BackgroundWater, storm sewer and paving have been completed and are ready for acceptance with therequired maintenance bonds.

Time FrameAcceptance of the Plat at City Council meeting to allow for recording of Plat at OklahomaCounty Courthouse.

IssueAcceptance of improvements built to City standards allowing the Plat to be recorded.




Fiscal Impact




InformationItemConsideration of Acceptance of Public Improvements and Maintenance Bonds for:

Street bore and water line to serve Cox Communications Irish Lane Facility, 840 IrishLaneUtility bores for 2416 Amante Court, 2916 Cage Grove Way, 4209 Clevengen Drive,5209 Deerfield Drive and 4924 Sunspears DriveUtility bores for 316 N Arcadian Oaks, 1241 Lemon Ranch Road, 1240 ChelhamLane, 1248 Chelham Lane, 8609 Cherry Blossom Road, 8601 Cherry BlossomRoad, 4216 Clevenger Road, 3740 Cookson Road, 3309 Welling Road, 8801 AryaRoad, 8501 Buckeye Dr and 2216 Bretton LaneUtility bores for 3101 Dudley Drive, 5000 Sunspears Drive, 116 Anabelle, 8809Arya Road, 3001 Gold Finch Drive, 4225 Clevenger Drive, 2817 Dudley Drive,8201 Ridge Creek Road, 8817 Arya Road and 5008 Sunspears DriveUtility bores for 1217 Nay Avenue, 2901 Gold Finch Drive, 2801 Dudley Drive,8708 Snow Court, 8716 Snow Court, 2809 Dudley Drive and 101 N Arcadian OaksDriveUtility bores for 6165 Amberly Drive, 6155 Amberly Drive, 2524 Spring Lake Courtand 1708 Thornbrooke Boulevard

BackgroundThe maintenance bonds represent completion of public infrastructure. These projects arenow complete.

Time FrameN/A

IssueProper execution of maintenance bonds.


Action Needed

Motion to approve.


Fiscal Impact



Submitted For: Christy Batterson Submitted By: ChristyBatterson,Planning/Zoning

InformationItemApproval of Supplemental Appropriation for the purchase an Aeroclave PortableDecontamination System from Creative Buses off State Contract SW797 for $22,691.

BackgroundDue to the COVID pandemic, the City of Edmond’s Citylink bus system is sanitized everyevening to keep our customers and drivers as safe as possible. We will be ordering theAeroclave Portable Decontamination System from Creative Buses using the State contractSW797. By utilizing this system instead of manual sanitation, will help reducemaintenance time in the evening. This was not anticipated during budget preparation.

The FTA CARES grant funding provides an 100% match for the equipment.

Time FrameEffective upon City Council approval

IssueIt was not anticipated during budget preparation that sanitation items would be needed tobe purchased due to COVID. Because of the pandemic, the purchase of an AeroclavePortable Decontamination System is needed to sanitize the Citylink fleet nightly.

RecommendationsApproval of the Supplemental Appropriation

Action NeededApproval of the Supplemental Appropriation

Public NotificationPosted with City Council

Fiscal Impact

Funding/Cost: 22,691


Account:FROM 572941-7426 - CITYLINK CARES ACT GRANTTO 572941-8499 - CITYLINK MISC EQUIPMENT




InformationItemAcceptance of donated Utility Easement from JDC Development, LLC for public waterand sanitary sewer lines associated with the Covell Valley Phase 2 development locatedsoutheast of Covell Road and Air Depot Boulevard.

BackgroundMr. Chris Cline, on behalf of JDC Development, LLC, is dedicating a publicutility easement for the water and sanitary sewer improvements outside the plat of CovellValley Phase 2 located southeast of Covell Road and Air Depot Boulevard. The dedicatedeasement will allow the City of Edmond to operate and maintain public water and sanitarysewer lines and appurtenances at this location in accordance with the approved final plat(PR19-00006).









Account:N/A

AttachmentsJDC Development LLC UE (Covell Valley 2)



InformationItemAcceptance of donated Street Right-of-Way from The Mini's @ The Summit L.L.C.located at on the north end of Saints Way, more generally southeast of I-35 and DanforthRoad.

BackgroundMr. John Roddy Bates, on behalf of The Mini's @ The Summit L.L.C., isdedicating a public street right-of-way for the proposed extension of Saints Way that willserve the Danforth Crossing development. The dedicated easement will allow the City ofEdmond to operate and maintain a public street and utilities at this location in accordancewith the approved Danforth Crossing final plat (PR19-00035).








Account:N/A

AttachmentsThe Mini's @ The Summit LLC Right-of-Way

City Council Item # 5. B. 1. Meeting Date: 10/26/2020

Submitted For: Natalie Evans, City Clerk's Office Submitted By: Natalie Evans, City Clerk's Office

InformationItemApproval of Resolution No.____ Providing Notice of Publication of Penal andother Ordinances.

BackgroundState statutes require publication of municipal penal ordinances in a permanent, boundform and volume at least once every ten years. The City of Edmond codifies ordinancesonce each year, and a supplement is published by Municipal Code Corporation. Adoptionof this resolution will allow filing with the Oklahoma County Clerk’s office to show thatthe City is complying with State Law.

Time FrameN/A

IssueN/A

RecommendationsApproval of Resolution

Action NeededMotion to approve Resolution.

Public NotificationPosted agenda.

Fiscal Impact

AttachmentsSupplement Resolution

RESOLUTION NO. ____

A RESOLUTION PROVIDING NOTICE OF THE PUBLICATION OF PENAL AND OTHER

ORDINANCES OF THE CITY OF EDMOND, OKLAHOMA, IN A PERMANENT, BOUND FORM

AND VOLUME; PROVIDING THAT SAID PERMANENT VOLUME REFLECTS ALL

ORDINANCES THROUGH ORDINANCE NUMBER 3795; PROVIDING FOR THE DEPOSIT

OF SAID PERMANENT VOLUME IN THE OKLAHOMA COUNTY LAW LIBRARY; AND

PROVIDING FOR THE SALE OF SAID PERMANENT VOLUMES

WHEREAS, the City of Edmond, Oklahoma, is required by statute to publish its penal ordinances

in a permanent, bound form and volume at least once every ten (10) years; and,

WHEREAS, the City of Edmond, Oklahoma, has so published its penal and other ordinances

through Ordinance Number 3795 in the manner provided by law; and

WHEREAS, said permanent volume must be deposited in the Oklahoma County Law Library; and,

WHEREAS, said permanent volume is required by law to be made available for sale to the public

at a reasonable price;

NOW THEREFORE BE IT RESOLVED, That the public is hereby notified the City of Edmond,

Oklahoma, has compiled and published its penal and other ordinances through Ordinance Number 3795 in

a permanent, bound form and volume; and,

BE IT FURTHER RESOLVED, that said permanent volume is on deposit in the Oklahoma County

Law Library; and

BE IT FURTHER RESOLVED, that said permanent volume is available for sale to the public at a

reasonable price at the office of the City Clerk for the City of Edmond, Oklahoma.

PASSED AND APPROVED this 26th day of October, 2020.

_______________________________

Mayor

Attest:

____________________________

City Clerk

APPROVED as to form this 26th day of October, 2020.

__________________________

City Attorney


Submitted For: Kathy Panas, Finance Submitted By: William Weaver,Finance

InformationItemDiscussion and Possible Action with Respect to Resolution No._______ of The City of Edmond,Oklahoma (the "City") approving action taken by The Edmond Public Works Authority (the"Authority") authorizing issuance, sale and delivery of a promissory note of the Authority to theOklahoma Water Resources Board; ratifying and confirming a Lease, as amended, pertaining tothe leasing of the City's water, sanitary sewer, garbage and electric systems to the Authority;ratifying and confirming a Subordinate Lien Sales Tax Agreement; and containing otherprovisions related thereto.

BackgroundKris Neifing, Director of Water Resources, will be present to discuss the proposed project andfunding opportunities.The DWSRF is a fund administered by the Oklahoma Department of Environment Quality. Thebenefits of borrowing from the Oklahoma Water Resources Board under this program includereduced transaction costs, the funding is in thr form of a line of credit resulting in interest beingpaid only as funds are drawn, and a subsidized interest rate. The agenda item was approved at theFinance Audit Committee meeting on September 16, 2020.


IssueSubmit an application to OWRB for CWSRF, not to exceed $


Action NeededCouncil approval of Resolution as both City Council and Board of EPWA.

Public NotificationPosted Edmond City Council agenda.

Fiscal ImpactFunding/Cost:

Funding/Cost:Budgeted Item Y/N or N/A: Y

Account:

Attachments05 Authority Resolution DWSRF 06 City Resolution DWSRF

THE BOARD OF TRUSTEES OF THE EDMOND PUBLIC WORKS AUTHORITY, OKLAHOMA COUNTY, OKLAHOMA, MET IN VIRTUAL REGULAR SESSION ON THE 26TH DAY OF OCTOBER, 2020, AT 5:30 P.M. PRESENT: ABSENT: Thereupon, the Chairman introduced a Resolution which was read by the Chairman. Trustee ____________ moved that the Resolution be adopted and Trustee _____________ seconded the motion. The motion carrying with it the adoption of the Resolution prevailed by the following vote: AYE: NAY: The Resolution as adopted is as follows:

RESOLUTION NO. ____

A RESOLUTION OF THE EDMOND PUBLIC WORKS AUTHORITY (THE “BORROWER”) AGREEING TO FILE APPLICATIONS WITH THE OKLAHOMA WATER RESOURCES BOARD FOR FINANCIAL ASSISTANCE THROUGH THE DRINKING WATER STATE REVOLVING FUND PROGRAM FOR THE PURPOSE OF FINANCING THE EXPANSION AND IMPROVEMENT OF THE BORROWER'S WATER TREATMENT PLANT FACILITIES AND AUTHORIZING PROFESSIONAL SERVICES AGREEMENTS PERTAINING TO SAID FINANCING; APPROVING AND AUTHORIZING A DRINKING WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000,000.00; APPROVING THE ISSUANCE OF ITS DRINKING WATER SRF PROMISSORY NOTE IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000,000.00, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR DRINKING WATER SRF LOAN; DESIGNATING A LOCAL TRUSTEE AND APPROVING AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF EDMOND, OKLAHOMA (THE “CITY”) AND THE BORROWER; RATIFYING AND CONFIRMING A LEASE, AS AMENDED, PERTAINING TO THE LEASING OF THE WATER, SANITARY SEWER, GARBAGE AND ELECTRIC SYSTEMS OF THE CITY; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO.

2

WHEREAS, The Edmond Public Works Authority, Oklahoma County, Oklahoma (the “Borrower”), was organized under Title 60, Oklahoma Statutes 2011, Sections 176-180.4, as amended, for the purpose of furthering the public functions of The City of Edmond, Oklahoma (the “City”); and

WHEREAS, the Borrower is authorized and has determined to construct improvements to its water treatment plant, along with related costs (the “Project”), and in payment of part of the cost thereof, to seek money in the form of a Drinking Water SRF Loan from the Oklahoma Water Resources Board (the “Board”) in the amount of not to exceed $45,000,000.00; and

WHEREAS, the Board has under consideration a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of the Borrower’s Series 2020D Drinking Water SRF Promissory Note to Oklahoma Water Resources Board in the original principal amount of not to exceed $45,000,000.00 (the “DWSRF Note”), said DWSRF Note being secured by a pledge of revenue derived from the Borrower’s water, sanitary sewer, garbage and electric systems (hereinafter collectively, the “System”) and proceeds of a two percent (2.0%) sales tax (the “Sales Tax Revenue”); and

WHEREAS, the Borrower has heretofore issued its (i) $13,900,000 Sales Tax and Utility System Revenue Refunding Note, Series 2010 dated December 30, 2010; (ii) $13,255,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2012 dated August 16, 2012; (iii) $13,710,000 Sales Tax and Utility System Revenue Bonds, Series 2013 dated May 14, 2013; (iv) $22,730,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2014 dated April 3, 2014; (v) $20,755,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2014B dated December 9, 2014; (vi) $20,465,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2015 dated April 2, 2015; (vii) $41,795,000 Sales Tax and Utility System Revenue Bonds, Series 2016 dated July 5, 2016; (viii) $167,025,000 Sales Tax and Utility System Revenue Bonds, Series 2017 dated October 19, 2017; (ix) $3,726,484.41 Series 2005C Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated August 15, 2005; (x) $19,000,000 Series 2018 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated June 26, 2018; (xi) $40,000,000 Series 2020C Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated June 19, 2020; and (xii) $16,085,000 General Sales Tax Revenue Note, Refunding Series 2013 dated July 31, 2013 (items (i) through (viii) being referred to herein as the “Senior Lien Utility Indebtedness”; items (ix), (x), and (ix) being referred to herein as the “Subordinate Lien Utility Indebtedness”; and item (xii) being referred to herein as the “Senior Lien Sales Tax Indebtedness”); and

WHEREAS, the DWSRF Note shall be secured on a parity with the Subordinate Lien Utility Indebtedness in all respects, and shall be subject and subordinate to the Senior Lien Utility Indebtedness with respect to the lien on the revenues of the System, and shall be subject and subordinate to the Senior Lien Sales Tax Indebtedness with respect to the lien on the Sales Tax Revenue; and

WHEREAS, it is the desire of the Borrower to authorize the execution and delivery of any and all documents necessary or attendant to the issuance of the DWSRF Note.

NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE EDMOND PUBLIC WORKS AUTHORITY, OKLAHOMA COUNTY, OKLAHOMA:

3

Section 1. Application; Professionals. The Borrower shall file an Application(s) with the Oklahoma Water Resources Board seeking financial assistance through the Drinking Water State Revolving Fund Loan Program in the amount of $45,000,000.00 in order to accomplish the financing of the water treatment plant improvements; and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute said Application(s) for and on behalf of the Borrower. The Borrower is further authorized to advance to the Oklahoma Water Resources Board the necessary application fees in connection with the referenced Application(s). The Borrower authorizes the staff of the Borrower and BOK Financial Securities, Inc., as financial advisor, and The Public Finance Law Group PLLC, as bond counsel, to prepare and submit the referenced Application(s) on behalf of the Borrower and to take such other action as is necessary to accomplish the financing of the water system improvements. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized and directed to do all other lawful things necessary to carry out the terms and conditions of this Resolution, including the execution of scope of services agreements for professional services associated with the loan.

Section 2. Issuance of DWSRF Note. The Borrower is hereby authorized to accept said loan and issue its DWSRF Note payable to the Board and secured by a pledge of revenue derived from the operation of the System and the Sales Tax Revenue. The officers of the Borrower are hereby authorized and directed to execute said DWSRF Note and to do any and all lawful things to effect said loan and secure said loan from the Board, provided that the principal amount of the DWSRF Note shall be not to exceed $45,000,000.00, and the rate of interest on the DWSRF Note shall be a fixed rate of interest of not to exceed three and one-half percent (3.50%) per annum inclusive of administrative fees of one half of one percent (1/2%). The Chairman or Vice Chairman shall be authorized to execute a Certificate of Determination establishing the principal amount and the rate of interest on the DWSRF Note.

Section 3. Execution of Loan Agreement for Drinking Water SRF Loan. The Loan Agreement for Drinking Water SRF Loan by and between the Borrower and the Board, pertaining to the DWSRF Note (the “Loan Agreement”) is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement.

Section 4. Designation of Local Trustee and Execution of Trust Agreement. The Borrower hereby designates BOKF, NA, Oklahoma City, Oklahoma, to serve as local trustee (the “Local Trustee”) of certain funds in relation to the DWSRF Note. The Trust Agreement, by and between the Borrower and the Local Trustee, pertaining to the DWSRF Note (the “Trust Agreement”) is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Trust Agreement.

Section 5. Execution of Security Agreement. The Security Agreement by the Borrower in favor of the Board (the “Security Agreement”), whereby the Borrower gives a lien on the revenues of the System to the Board to secure payment of the DWSRF Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement.

4

Section 6. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement dated as of December 1, 2016 (the “Sales Tax Agreement”), by and between the City and the Borrower, which Sales Tax Agreement pertains to a year-to-year pledge of certain Sales Tax Revenue as security for the DWSRF Note, is hereby ratified and confirmed.

Section 7. Lease. The Lease executed December 22, 1970, to be effective as of November 18, 1970, as amended by an Amendment to Lease Agreement dated December 3, 1984, an Amendment to Lease dated as of September 1, 1999, an Amendment to Lease dated as of February 1, 2005, and a Second Amendment to Lease dated October 24, 2005 (collectively, the “Lease”), whereby the City leased its water, sanitary sewer, garbage and electric systems to the Borrower, is here by ratified and confirmed, and the term of said Lease shall extend until the DWSRF Note is repaid.

Section 8. Covenants of Borrower. Until payment in full of the DWSRF Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Security Agreement and the Loan Agreement, which covenants are incorporated herein in their entirety.

Section 9. Fees and Expenses. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) those fees and expenses set forth on Exhibit “A” hereto, together with such other fees and expenses as will be set forth on the Borrower’s Closing Order to be executed in connection with the closing of the financing referenced herein.

Section 10. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein.

[Remainder of Page Left Blank Intentionally]

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ADOPTED AND APPROVED THIS 26TH DAY OF OCTOBER, 2020.

THE EDMOND PUBLIC WORKS AUTHORITY

(SEAL) Chairman ATTEST: Secretary

6

STATE OF OKLAHOMA ) )SS COUNTY OF OKLAHOMA ) I, the undersigned, Secretary of The Edmond Public Works Authority, Oklahoma County, Oklahoma, an Oklahoma public trust, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the “Open Meeting Law” was complied with for such meeting. GIVEN UNDER MY HAND THIS 26TH DAY OF OCTOBER, 2020. (SEAL) Secretary

*Not-to-exceed fee and expense amount based upon loan sizing of $45,000,000.00.

EXHIBIT “A” Fees and Expenses Paid at Closing The Public Finance Law Group PLLC Legal Fee and Reimbursement of Expenses $52,000.00* BOK Financial Securities, Inc. Financial Advisory Fee and Reimbursement of Expenses $165,000.00* BOKF, NA Trustee Bank Acceptance Fee $500.00 C. H. Guernsey & Company Engineering Certificate of Debt Coverage per OMPA Contract $1,500.00 * Not to exceed

PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE CITY COUNCIL OF THE CITY OF EDMOND, OKLAHOMA (THE “CITY”) MET IN VIRTUAL REGULAR SESSION ON THE 26TH DAY OF OCTOBER, 2020, AT 5:30 P.M. PRESENT: ABSENT: (OTHER PROCEEDINGS) Thereupon, the following resolution was introduced and read by the Mayor. Councilmember ____________ moved passage of the Resolution and Councilmember ___________ seconded the motion. The motion carrying with it the approval of said Resolution was approved by the following vote: AYE: NAY: The Resolution so approved is as follows:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY OF EDMOND, OKLAHOMA (THE “CITY”) APPROVING ACTION TAKEN BY THE EDMOND PUBLIC WORKS AUTHORITY (THE “AUTHORITY”) AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE, AS AMENDED, PERTAINING TO THE LEASING OF THE CITY’S WATER, SANITARY SEWER, GARBAGE AND ELECTRIC SYSTEMS TO THE AUTHORITY; RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES TAX AGREEMENT; AND CONTAINING OTHER PROVISIONS RELATED THERETO.

WHEREAS, The Edmond Public Works Authority (the “Authority”) did, by its Resolution adopted October 26, 2020, authorize the issuance, sale and delivery of its Series 2020D Drinking Water SRF Promissory Note to Oklahoma Water Resources Board; and

WHEREAS, the City Council of The City of Edmond, Oklahoma (the “City”) hereby determines that the actions taken by the Authority should be authorized and approved; and

WHEREAS, the City hereby determines that such other action necessary or attendant to accomplishment of the referenced financing should be considered by the City Council of the City.

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMOND, OKLAHOMA:

Section 1. Issuance of Note. That the issuance, sale and delivery of The Edmond Public Works Authority, Oklahoma County, Oklahoma, Series 2020D Drinking Water SRF Promissory Note to Oklahoma Water Resources Board in the principal amount of not to exceed $45,000,000.00 (the “DWSRF Note”), all as approved by said Authority on October 26, 2020, be and hereby is authorized, approved and ratified.

Section 2. Approval. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the DWSRF Note and all other aspects of the transaction be and are hereby authorized, approved and ratified.

Section 3. Lease. The Lease executed December 22, 1970, to be effective as of November 18, 1970, as amended by an Amendment to Lease Agreement dated December 3, 1984, an Amendment to Lease dated as of September 1, 1999, an Amendment to Lease dated as of February 1, 2005, and a Second Amendment to Lease dated October 24, 2005 (collectively, the “Lease”), whereby the City leased its water, sanitary sewer, garbage and electric systems to the Authority, is here by ratified and confirmed, and the term of said Lease shall extend until the DWSRF Note is repaid.

Section 4. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement dated as of December 1, 2016 (the “Sales Tax Agreement”), by and between the City and the Authority, which Sales Tax Agreement pertains to a year-to-year pledge of certain Sales Tax Revenue as security for the DWSRF Note, is hereby ratified and confirmed.

Section 5. Necessary Action. That the Mayor or Mayor Pro Tem and City Clerk or Deputy City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the DWSRF Note and all other aspects of the transaction.


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PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 2020. THE CITY OF EDMOND, OKLAHOMA (SEAL) Mayor ATTEST: City Clerk

4

STATE OF OKLAHOMA ) )SS COUNTY OF OKLAHOMA ) I, the undersigned, City Clerk of The City of Edmond, Oklahoma, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the City Council of said City held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the “Open Meeting Law” was complied with for such meeting. GIVEN UNDER MY HAND THIS 26TH DAY OF OCTOBER, 2020. (SEAL) City Clerk

City Council Item # 5. C. 1. Meeting Date: 10/26/2020

Submitted For: Sara Cobb, Information Technology Submitted By: Sara Cobb, Information Technology

InformationItemApproval of additional Software and Services with Tyler Technologies, Inc regarding Public Safety Systems; $29,194.

BackgroundThe City Police Department would like to implement Socrata Public Safety AdvancedAnalytics (includes Crime Trending, Geo-Analytics and Citizen Connect). Implementationservices will be $2,320. Socrata is a subscription cloud based application with an annualrate of $24,000. After the initial implementation, the recurring subscription fee will bepaid consistent with the existing Standard Software Maintenance agreement fom the ITbudget 652060.

The additional 5 license of CrewForce is to allow for Edmond Fire to expand its mobilecapabilities into more rescue vehicles on the iOS platform for iPads and iPhones. Theadditional licenses is $2,375. The existing Standard Software Maintenance Agreement willbe increased by $499 annually.

Time FrameUpon Approval

IssueThe City of Edmond Police, Fire and Public Safety Communication went live with theNew World Public Safety Software Suite in June 2015.

The Socrata Public Safety Advanced Analytics provides a visual representation for staffthat summarizes crimes, allowing users to view all crime trends in an area. The informationenables agencies to

Address crime patterns by defining and improving proceduresShow the impact of procedures on crime via dashboardsReduce time spent preparing statistical reports and alleviate resources

Crime statistics can be compared before, during, and after new systems are implementedto determine effectiveness or redefine actions as needed. In addition to helping staff easilyidentify insights about crime patterns, the information can be easily shared throughout the

agency, so others are aware of the impact on crime within a community

The additional licences of CrewForce is to allow for Edmond Fire to expand its mobilecapabilities into more vehicles.

RecommendationsStaff Recommends Approval

Action NeededCity Council Approval

Public NotificationPosted City Council Agenda

Fiscal ImpactFunding/Cost: $2874

Budgeted Item Y/N or N/A:Y

Account:121005-8361 - Fire Department Contract Services

Funding/Cost: $26,320


Account:115005- 8361 - Police Department Contract Services



Submitted For: Lisa Goodpasture, Human Resources Submitted By: Lisa Goodpasture, Human Resources

InformationItemConsideration of CareATC Employee Clinic Service Agreement; $627,976.08.

BackgroundOn November 15, 2019, an On-Site Employee Health Clinic RFP20-005 was issued. CareATC has been the third-party operator of the Employee Health Clinic since it openedin August 2014. McGriff (Health Insurance Consultant) conducted an analysis ofproposals received, four were presented to the Insurance Committee on 01/22/2020(CareATC, CareHere, Premise Health and Visio/The Working Clinic). Care ATC’sproposal (Option 1) was unanimously selected. In addition to current services, CareATC’sbid (Option 1) offers 8-hours (2 half-days per week, 87 visits per month) access to sharedOKC Healthplex, Virtual Health Coaching, Outreach, Telemedicine (MD Live) and ‘up to’a $10,000 credit (during term of agreement, 12/01/20-11/30/23) for events promoting theclinic, PHA’s or general wellness at No Cost. Annual Fee: Year one - (12/1/20-11/30/21) is $627,976.08Year 2 (12/1/21-11/30/22) is $637,395.72Year 3 (12/1/22-11/30/23) is $656,517.60

Time FrameIf approved, the new CareATC Service Agreement becomes effective December 1, 2020through November 30, 2021.

IssueEmployee Clinic awarded to CareATC?

RecommendationsThe Employee Insurance Committee and McGriff (Health Insurance Consultant)recommend approval.

Action NeededCity Council authorization of CareATC’s (new) Clinic Service Agreement.

Public Notification

City Council Agenda Item

Fiscal ImpactFunding/Cost: $627,976.08

Budgeted Item Y/N or N/A:Yes

Account:650042-8382



Submitted For: Steve Commons, City Manager's Office

Submitted By: Steve Commons, City Manager's Office

InformationItemApproval of Amendment #2 with Freese and Nichols for drainage contract amendmentrelating to detention and flow of stormwater in the Stephenson Park area; $79,525.

BackgroundThe original contact with Freese and Nichols that is being amended involves Streetscapeimprovements at 3rd, 4th and 5th Street. The 5th Street improvements of that project havebeen completed which were coordinated with the Park 17 project at the corner of 5th andLittler.As the City Council is aware, we have been pursuing underground detention inStephenson Park as a potential TIF development project that would assist futuredevelopment North of the park with their drainage needs. As the area develops, it willmore than likely evolve with much higher density and having this detention areaunderneath the park will assist in that development.

As we pursued the detention planning in the park, we discovered potential issues involvingthe downstream flow of the water. Currently, when the stormwater leaves the park it goesinto a private stormwater system that discharges into a creek to the south of the buildingsalong 5th Street. As we reviewed that drainage, we had some concerns about the long-termviability of that private storm sewer system. The current private storm sewer goes underbuildings as it flows to the creek. The current private development plans along 5th Streetinclude creating a walkway between the buildings to the parking lot on the south side ofthe buildings along with facade renovations. This walkway would work well to realign thestorm sewer that exits the park and flows to the creek and would avoid going under anybuildings. These building improvements and others by this developer will be the basis fora development agreement that will increase property taxes in the area and pay for thisrealignment of the storm sewer.

Attached is a aerial photo with notes of the various improvements that will occurassociated with this contract amendment.

Time FrameContract work would begin on the design amendment immediately following City Councilapproval.

Issue

IssueWe are wanting to move forward quickly so it doesn't impede Park development plans thatwill proceed early in 2021. This also involves the coordination with the developer on theirprivate construction work and granting us easements that will be needed to proceed withthe improvements.

RecommendationsApproval of contract Amendment #2.

Action NeededApproval of contract Amendment #2.

Public NotificationPosted City Council agenda.



Account:338008-8553 2000 CIP - Economic Development - Streetscape Development $79,525



Submitted For: Randy Entz, Planning/Zoning Submitted By: Randy Entz,Planning/Zoning

InformationItemConsideration and Approval of a Service Agreement with Lime Scooters (NeutronHoldings, Inc.)

BackgroundIn August of 2019 the City of Edmond approved a service agreement with NeutronHoldings, Inc. (DBA Lime) to allow the use of the mobility devices in Edmond. Lime isasking to renew that agreement with the City.Two changes of note from the previous agreement:

The service area would change from area bound by Covell, Kelly, Bryant and thesouthern City Limit Boundary to allow the Lime use anywhere in the city.

1.

Lime has included a fee to paid to the City of Edmond of five cents ($.05) per triptaken on any mobility device deployed by Lime. This amount is fairly typical fortheir agreements with other cities.

2.

To date there have been 62,104 trips taken on Lime Scooters in Edmond with an averagedistance of 0.4 miles and 5 minutes. COVID has impacted the use of the scooters butAugust 2020 did see the most use since March 2020 of 4,035 riders. There have been1,296 trips October 1 through October 13, 2020. October of 2019 had a ridership of11,647 riders for reference.

Time FrameThe agreement will last for one year.

IssueRenewal of agreement with Lime Scooter to allow the use of mobility devices in Edmond.

RecommendationsThe Edmond Public Transportation Committee discussed the agreement on September 24,2020 and recommend its approval.

Action NeededApproval of agreement.

Public NotificationPosted City Council agenda.

Fiscal Impact



Submitted For: Andrew Conyers, City Manager's Office

Submitted By: Andrew Conyers, City Manager's Office

InformationItemApproval of Amendment #3 to a Contract with Mekus Tanager Inc for ContractAdministration of Gracelawn Cemetery Expansion; not to exceed $25,000.

BackgroundAt the June 8, 2020 City Council meeting $20,000 was approved to spend on contractadministration services for the expansion of Gracelawn Cemetery. As the project hasprogressed we have realized we needed the design team's expertise more than weoriginally thought. Their expertise has been especially helpful as it relates to theconstruction of the 1,200 columbaria niches and the committal shelter. The approval ofthese extra funds will ensure the completion of the expansion is as smooth as possible.

One example of the value of having the design team assist with constructionadministration was a cost savings of $32,000 on the granite that will be used on thecolumbaria niches.

Summary of construction expenses approved to date:Contract for expansion: $3,183,000 (estimate $3.3M)Change order: (-$20,342)Contract Administration: $20,000

Time FrameImmediate upon approval

IssueAdditional assistance with Construction Administration of Gracelawn Cemetery expansion

RecommendationsStaff recommends approval

Action NeededMotion to approve

Public NotificationPosted City Council Agenda



Account:340001-85612017 CIP Sales Tax - Gracelawn Cemetery Development

AttachmentsContract

MEKUS TANAGER, INC. ILLINOIS: KENTUCKY: MICHIGAN: www.MekusTanager.com 4505 Lawndale Ave 163 Clubhouse Drive N1600 State Highway M35 P. 312-661-0778 Lyons, IL 60534 Georgetown, KY 40324 Menominee, MI 49858

October 14, 2020 Mr. Andrew Conyers Director of Management Services City of Edmond, Oklahoma 24 E. First St. P.O. Box 2970 Edmond, OK 73034

RE: Gracelawn Phase II Expansion – Contract Administration Amendment to the Original CA Agreement (May 18, 2020)

Andy,

It is our pleasure to provide you with this proposal for the Contract Administration Amendment to the Original CA Agreement (Original Agreement), so that members of the A/E Team (Mekus Tanager Inc., TerraSite Design, Kirkpatrick Forest Curtis PC, and Darr & Collins Consulting Engineers) can continue providing assistance as requested by the City during the construction of the Gracelawn Phase II Expansion.

This proposal is a request to increase the Original Agreement’s maximum fee cap of $20,000, by $25,000 for a new maximum fee cap of $45,000, to allow the A/E Team to continue helping the City by request. As per the Original Agreement, A/E Team members will only invoice for hours worked on the Project. If any of the A/E Team members approach the maximum, they will inform MTI, which will in turn inform the City via email with a request for additional funds and wait for direction as to how to proceed before exceeding the new maximum.

Andy, we have enjoyed serving the City of Edmond thus far and working with you on this important project for Gracelawn Cemetery. On behalf of the entire team, I hope that this proposal meets with your and the City’s approval.

Best regards,

Patrick Mekus Special Projects Manager Mekus Tanager, Inc.

ACCEPTED BY: CITY OF EDMOND

SIGNATURE: ____________________________________

NAME/TITLE: ____________________________________

DATE: __________________________________________


Submitted For: Brenda Mayer, Purchasing Submitted By: BrendaMayer,Purchasing

InformationItemAcceptance of Bid and Approval of Contract for the West Downtown Parking and AlleyImprovements Project (related to the Ice House Development) and ResolutionNo.__________ Appointing Purchasing Agent for the Engineering Department;$564,211.70.

BackgroundStaff recommends accepting the bid for the West Downtown Parking and AlleyImprovements Project from A-TECH Paving in the amount of $516,986.70 base bid plusAlt. 1 $47,225 for a total of $564,211.70. This is the lowest and best bid received.

Alt. 1: Exterior Ground Floodlights

Time FrameWork to begin upon approval

IssueThe work bid on this project was part of an incentive agreement that was approved for theIce House development which includes up to 4 restaurants and outdoor public spacedevelopment. The ceiling on our development expenses that we would pay was $700,000and this bid is under that ceiling.

RecommendationsStaff recommends approval

Action NeededMotion to approve

Public NotificationBids were picked up by nine (9) prospective vendors; Six(6) bids were submitted.

Bids were picked up by nine (9) prospective vendors; Six(6) bids were submitted.

See attached Bid Tabulation



Account:124006-8555 EE Economic Development Fund - Downtown Development

AttachmentsBid tab Resolution

Event Number B21-007 Addendum 1

Event Title West Downtown Parking and Alley Improvements

Event Description IMPORTANT NOTICE: ALL bids shall be submitted using the online bidding system. Bid bond should be submitted online or by e-mail prior to the closing date and time. There will not be a Pre-Bid Meeting. All inquiries shall be submitted using the online bidding system. The last day to submit inquiries is October 7, 2020 no later than 3:00 PM CLT.

Event Type Sealed Bid

Issue Date 9/18/2020 09:00:00 AM (CT)

Close Date 10/14/2020 02:00:00 PM (CT)

1

Supplier QTY UOM Price Extended Supplier Notes

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING) $516,986.70 $516,986.70

All Roads Paving, Inc. $540,959.60 $540,959.60

Connelly Paving Company $584,993.00 $584,993.00

Sac Services Inc $650,636.25 $650,636.25

Rudy Construction Co. $685,763.40 $685,763.40

Turning Point, Inc. (Turning Point Industries, Inc.) $726,284.80 $726,284.80

Crossland Heavy Contractors $920,789.00 $920,789.00

1.1


A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)1 L. Sum $25,200.00 $25,200.00

Sac Services Inc 1 L. Sum $31,500.00 $31,500.00

All Roads Paving, Inc. 1 L. Sum $45,812.00 $45,812.00

Turning Point, Inc. (Turning Point Industries, Inc.)1 L. Sum $116,000.00 $116,000.00

Rudy Construction Co. 1 L. Sum $125,000.00 $125,000.00

Crossland Heavy Contractors 1 L. Sum $130,000.00 $130,000.00

Connelly Paving Company 1 L. Sum $139,470.50 $139,470.50

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A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)767 SY $40.60 $31,140.20

Connelly Paving Company 767 SY $45.00 $34,515.00

All Roads Paving, Inc. 767 SY $46.40 $35,588.80

Rudy Construction Co. 767 SY $53.00 $40,651.00

Turning Point, Inc. (Turning Point Industries, Inc.)767 SY $59.00 $45,253.00

Sac Services Inc 767 SY $63.00 $48,321.00

Crossland Heavy Contractors 767 SY $70.00 $53,690.00

Base Bid: West Downtown Parking and Alley Improvements

Demolition, Clearing and Grubbing

7” Concrete Pavement (Alley)

B21-007 Addendum 1 - Page 1

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All Roads Paving, Inc. 324 S.Y. $42.00 $13,608.00

Connelly Paving Company 324 S.Y. $45.00 $14,580.00

Rudy Construction Co. 324 S.Y. $50.00 $16,200.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)324 S.Y. $63.00 $20,412.00

Sac Services Inc 324 S.Y. $65.00 $21,060.00

8” Stabilized Subgrade (Alley)

6” Concrete Pavement (Parking)

6” Stabilized Subgrade (Parking)

4" Concrete Sidewalk w/4" of Compacted Aggregate Base


Crossland Heavy Contractors 324 S.Y. $66.00 $21,384.00

Turning Point, Inc. (Turning Point Industries, Inc.)324 S.Y. $73.00 $23,652.00

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Sac Services Inc 10 Ea. $280.00 $2,800.00

All Roads Paving, Inc. 10 Ea. $640.00 $6,400.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)10 Ea. $645.00 $6,450.00

Crossland Heavy Contractors 10 Ea. $750.00 $7,500.00

Connelly Paving Company 10 Ea. $900.00 $9,000.00

Rudy Construction Co. 10 Ea. $1,000.00 $10,000.00

Turning Point, Inc. (Turning Point Industries, Inc.)10 Ea. $1,120.00 $11,200.00

1.8


A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)4 Ea. $162.50 $650.00




Turning Point, Inc. (Turning Point Industries, Inc.)4 Ea. $450.00 $1,800.00

Rudy Construction Co. 4 Ea. $900.00 $3,600.00


1.9


Connelly Paving Company 1407 L.F. $15.00 $21,105.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)1407 L.F. $18.50 $26,029.50

Sac Services Inc 1407 L.F. $25.00 $35,175.00

Rudy Construction Co. 1407 L.F. $26.00 $36,582.00

All Roads Paving, Inc. 1407 L.F. $26.00 $36,582.00

Turning Point, Inc. (Turning Point Industries, Inc.)1407 L.F. $26.25 $36,933.75

Crossland Heavy Contractors 1407 L.F. $34.00 $47,838.00

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Sac Services Inc 1794 L.F. $3.00 $5,382.00

All Roads Paving, Inc. 1794 L.F. $3.00 $5,382.00

ADA Curb Ramps with Truncated Domes

Crosswalk Warning Sign W11-2 (30X30) with Downward Directional Arrow Sign W16-7P (24X12)

Concrete Curb and Gutter

4” Wide Pavement Striping (Multipolymer)(White)


Connelly Paving Company 1794 L.F. $3.25 $5,830.50

Crossland Heavy Contractors 1794 L.F. $3.50 $6,279.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)1794 L.F. $3.50 $6,279.00

Rudy Construction Co. 1794 L.F. $3.60 $6,458.40

Turning Point, Inc. (Turning Point Industries, Inc.)1794 L.F. $4.00 $7,176.00

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A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)4 Ea. $195.00 $780.00






Crossland Heavy Contractors 4 Ea. $1,000.00 $4,000.00

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Rudy Construction Co. 11 Ea. $85.00 $935.00







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Traffic Stripe (Multipolymer)(Handicapped Symbol)

Concrete Wheel Stop

Concrete Filled Bollard

Detention Pond



Connelly Paving Company 1 L Sum $16,500.00 $16,500.00

Turning Point, Inc. (Turning Point Industries, Inc.)1 L Sum $32,800.00 $32,800.00

All Roads Paving, Inc. 1 L Sum $35,000.00 $35,000.00

Rudy Construction Co. 1 L Sum $40,000.00 $40,000.00

Sac Services Inc 1 L Sum $42,785.00 $42,785.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)1 L Sum $45,760.00 $45,760.00

Crossland Heavy Contractors 1 L Sum $89,000.00 $89,000.00

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Landscaping

Irrigation

Electrical & All Pole Mounted Area Lights



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Crossland Heavy Contractors 160 L.F. $1.00 $160.00

Sac Services Inc 160 L.F. $2.25 $360.00

All Roads Paving, Inc. 160 L.F. $2.40 $384.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)160 L.F. $2.50 $400.00

Turning Point, Inc. (Turning Point Industries, Inc.)160 L.F. $4.00 $640.00

Connelly Paving Company 160 L.F. $4.00 $640.00

Rudy Construction Co. 160 L.F. $5.00 $800.00

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All Roads Paving, Inc. 1 L Sum $472.00 $472.00

Connelly Paving Company 1 L Sum $500.00 $500.00

Rudy Construction Co. 1 L Sum $500.00 $500.00

Sac Services Inc 1 L Sum $850.00 $850.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)1 L Sum $850.00 $850.00



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Crossland Heavy Contractors 1 L Sum $225.00 $225.00


Silt Fence

Concrete Washout

Gravel Construction Entrance

Bag Inlet Protection


Turning Point, Inc. (Turning Point Industries, Inc.)1 L Sum $300.00 $300.00




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Turning Point, Inc. (Turning Point Industries, Inc.)1 L Sum $300.00 $300.00



Crossland Heavy Contractors 1 L Sum $500.00 $500.00



2


Connelly Paving Company $39,960.00 $39,960.00

Turning Point, Inc. (Turning Point Industries, Inc.) $43,000.00 $43,000.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING) $47,225.00 $47,225.00

All Roads Paving, Inc. $55,125.00 $55,125.00

Sac Services Inc $57,500.00 $57,500.00

Rudy Construction Co. $57,750.00 $57,750.00

Crossland Heavy Contractors $65,000.00 $65,000.00

2.1


Connelly Paving Company 1 L. Sum $39,960.00 $39,960.00

Turning Point, Inc. (Turning Point Industries, Inc.)1 L. Sum $43,000.00 $43,000.00

A-TECH PAVING (RDNJ. INC. dba A-TECH PAVING)1 L. Sum $47,225.00 $47,225.00

All Roads Paving, Inc. 1 L. Sum $55,125.00 $55,125.00

Sac Services Inc 1 L. Sum $57,500.00 $57,500.00

Rudy Construction Co. 1 L. Sum $57,750.00 $57,750.00

Crossland Heavy Contractors 1 L. Sum $65,000.00 $65,000.00

Detention Pond Outlet Protection

Alternate 1: West Downtown Parking and Alley Improvements

Exterior Ground Floodlights


RESOLUTION NO.

A RESOLUTION APPOINTING A PURCHASING AGENT FOR CARRYING OUT A PUBLIC CONTRACT

WHEREAS, the City of Edmond, Oklahoma, has entered into a public contract with A-TECH Paving regarding construction of the West Downtown Parking and Alley Improvements Project and all appurtenances thereto; and

WHEREAS, it would be to the benefit of the City of Edmond to appoint an agent to make tax-exempt purchases in furtherance of said public contract; and

WHEREAS, Title 61, O.S. Supp. 1981 §103.2 expressly permits such appointment.

NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF EDMOND, OKLAHOMA

THAT, A-TECH Paving is hereby appointed agent of the City of Edmond for the purposes of construction of the West Downtown Parking and Alley Improvements Project and all appurtenances thereto.

PASSED AND APPROVED this 26th day of October, 2020

MAYOR

ATTEST: CITY CLERK

APPROVED as to form this 26th day of October, 2020.

CITY ATTORNEY


Submitted For: Keith Stewart, Public Works Submitted By:Keith Stewart,Public Works

InformationItemApproval of an Inter-Local Agreement between the City of Edmond and the Board ofCounty Commissioners of Oklahoma County for rural roadway reconstructionimprovements on Danforth Road, between Post Road and Westminster Road; $550,000.

BackgroundThis section of roadway continues to degrade and is insufficient to sustain current andanticipated daily traffic volume. This road was not constructed with a stabilized sub-basedesign and is now experiencing significant degradation and failure. Through the use of aninter-local agreement the City of Edmond will reimburse Oklahoma County, District #3,100% of the cost of labor, material, equipment and sub-contractor services to reconstructthis mile of section line road.

Time FrameImmediate upon approval.

IssueApproval of an inter-local agreement with Oklahoma County to reconstruct Danforth,between Post and Westminster.

RecommendationsThe Public Works Committee and staff recommends approval.


Public NotificationPosted Agenda




Account:001073-8432 Street and Alley



InformationItemApproval of EPWA Meeting Minutes: October 12, 2020.

AttachmentsPWA Minutes

Edmond Public Works Authority – October 12, 2020. Book 14, Page 166

EDMOND PUBLIC WORKS AUTHORITY MINUTES

October 12, 2020 Chairperson O’Neil called the regular meeting of the Edmond Public Works Authority to order on Monday, October 12, 2020, via videoconference. The agenda for this meeting was posted in the City First Administration Building on October 7, 2020 at 2:35 PM. PRESENT: Chairperson O’Neil, Trustees Chapman, Massey, and Moore, all were participating remotely.

ABSENT: Trustee Davis

4. Approval of EPWA Meeting Minutes: September 28, 2020

Motion by Chapman, seconded by Moore, to approve Minutes. Motion carried as followed:

AYES: Chairperson O’Neil, Trustees Chapman, Massey, and Moore NAYS: None

5. EPWA General Consent Items

A. Consideration of Approval of Administrative Items

1. Discussion and Consideration of request from the Kickingbird Tennis Center Advisory Board to be renamed the Edmond Center Court Advisory Board

Craig Dishman, Director of Parks and Recreation, provided additional details. He stated that with the opening of Edmond Center Court, it would reflect the new location’s name. He clarified this is an advisory board of the City.

Mayor O’Neil inquired if this would provide for a representative of Edmond Public Schools on the board.

Craig Dishman stated this is not being considered on this item, but it could be a possibility to include in the future.

Councilmember Moore asked if there is consideration of having an advisory board for the pickleball facility that is now at KickingBird, where the tennis facility used to be located.

Craig Dishman stated he does not think that is necessary at this time, but as that facility is used more, it could become a possibility.

Mayor O’Neil asked if a date had been set yet for the official grand opening ceremony of Edmond Center Court.

Craig Dishman stated that a date has not been set yet, but they are looking at a few options at the end of October.

Edmond Public Works Authority – October 12, 2020. Book 14, Page 167

B. Approval of Purchases

1. Consideration and Approval of Engineering Contract Fee Proposal - Task Order No. 8 - Substation Breaker Replacement Burgett and Eastern Substations; $104,410

Motion by Massey, seconded by Moore, to approve item 5. A. 1 and 5. B. 1. Motion carried as followed:

AYES: Chairperson O’Neil, Trustees Chapman, Massey, and Moore

NAYS: None

Motion by Moore, seconded by Chapman, to adjourn the Public Works Authority meeting. Motion carried as followed: AYES: Chairperson O’Neil, Trustees Chapman, Massey, and Moore NAYS: None

___________________________________ ___________________________________

Secretary Chairperson


Submitted For: Jennifer Harrell Submitted By: Jennifer Harrell, City Attorney's Office

InformationItemConsideration of Resolution No. ________ Amending the Name of the KickingbirdTennis Center Advisory Board to the Edmond Center Court Advisory Board.

BackgroundAt the October 12 meeting of the EPWA, approval was granted to change the name of theKickingbird Tennis Center Advisory Board to the Edmond Center Court Advisory Board. Submitted for your consideration is the formal Resolution to approve the name change.

Time FrameUpon EPWA approval, the Advisory Board will be renamed ot the Edmond Center CourtAdvisory Board.

IssueRename Advisory Board.

RecommendationsApprove Resolution.

Action NeededMotion to Approve Resolution.

Public NotificationPosted and City Council Agenda.

Fiscal Impact



Submitted For: Kris Neifing, Water Resources Submitted By: William Weaver,Finance

InformationItemDiscussion And Possible Action With Respect To Resolution No._______ Of The Edmond PublicWorks Authority (THE “BORROWER”) Agreeing To File Applications With The OklahomaWater Resources Board For Financial Assistance Through The Drinking Water State RevolvingFund Program For The Purpose Of Financing The Expansion And Improvement Of TheBorrower's Water Treatment Plant Facilities And Authorizing Professional Services AgreementsPertaining To Said Financing; Approving And Authorizing A Drinking Water SRF Loan FromThe Oklahoma Water Resources Board In The Total Aggregate Principal Amount Of Not ToExceeded $45,000,000.00; Approving The Issuance Of Its Drinking Water SRF Promissory NoteIn The Total Aggregate Principal Amount Of Not To Exceed $45,000,000.00, Secured By APledge Of Revenues And Authorizing Its Execution; Approving And Authorizing The ExecutionOf A Loan Agreement For Drinking Water SRF Loan; Designation A Local Trustee AndApproving And Authorizing The Execution Of A Trust Agreement; Approving And AuthorizingThe Execution Of A Security Agreement; Ratifying And Confirming A Subordinate Lien SalesTax Agreement By And Between The City Of Edmond, Oklahoma (The “City”) And TheBorrower; Ratifying And Confirming A Lease, As Amended, Pertaining To The Leasing Of TheWater, Sanitary Sewer, Garbage And Electric Systems Of The City; Approving VariousCovenants; Approving And Authorizing Payment Of Fees And Expenses; And Containing OtherProvisions Relating Thereto.

BackgroundKris Neifing, Director of Water Resources, will be present to discuss the proposed project andfunding opportunities. The DWSRF is a fund administered jointly by the Oklahoma WaterResources Board and the Oklahoma Department of Environment Quality. Thebenefits of borrowing from the Oklahoma Water Resources Board under this program includereduced transaction costs, the funding is in the form of a line of credit resulting in interest beingpaid only as funds are drawn, and a subsidized interest rate.

The agenda item was approved at the Finance Audit Committee meeting on September 16, 2020.


IssueSubmit an application to OWRB for CWSRF, not to exceed $


Action NeededCouncil approval of Resolution as both City Council and Board of EPWA.

Public NotificationPosted Edmond City Council agenda.

Fiscal Impact

Attachments05 Authority Resolution DWSRF 06 City Resolution DWSRF

THE BOARD OF TRUSTEES OF THE EDMOND PUBLIC WORKS AUTHORITY, OKLAHOMA COUNTY, OKLAHOMA, MET IN VIRTUAL REGULAR SESSION ON THE 26TH DAY OF OCTOBER, 2020, AT 5:30 P.M. PRESENT: ABSENT: Thereupon, the Chairman introduced a Resolution which was read by the Chairman. Trustee ____________ moved that the Resolution be adopted and Trustee _____________ seconded the motion. The motion carrying with it the adoption of the Resolution prevailed by the following vote: AYE: NAY: The Resolution as adopted is as follows:

RESOLUTION NO. ____

A RESOLUTION OF THE EDMOND PUBLIC WORKS AUTHORITY (THE “BORROWER”) AGREEING TO FILE APPLICATIONS WITH THE OKLAHOMA WATER RESOURCES BOARD FOR FINANCIAL ASSISTANCE THROUGH THE DRINKING WATER STATE REVOLVING FUND PROGRAM FOR THE PURPOSE OF FINANCING THE EXPANSION AND IMPROVEMENT OF THE BORROWER'S WATER TREATMENT PLANT FACILITIES AND AUTHORIZING PROFESSIONAL SERVICES AGREEMENTS PERTAINING TO SAID FINANCING; APPROVING AND AUTHORIZING A DRINKING WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000,000.00; APPROVING THE ISSUANCE OF ITS DRINKING WATER SRF PROMISSORY NOTE IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000,000.00, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR DRINKING WATER SRF LOAN; DESIGNATING A LOCAL TRUSTEE AND APPROVING AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF EDMOND, OKLAHOMA (THE “CITY”) AND THE BORROWER; RATIFYING AND CONFIRMING A LEASE, AS AMENDED, PERTAINING TO THE LEASING OF THE WATER, SANITARY SEWER, GARBAGE AND ELECTRIC SYSTEMS OF THE CITY; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO.

2

WHEREAS, The Edmond Public Works Authority, Oklahoma County, Oklahoma (the “Borrower”), was organized under Title 60, Oklahoma Statutes 2011, Sections 176-180.4, as amended, for the purpose of furthering the public functions of The City of Edmond, Oklahoma (the “City”); and

WHEREAS, the Borrower is authorized and has determined to construct improvements to its water treatment plant, along with related costs (the “Project”), and in payment of part of the cost thereof, to seek money in the form of a Drinking Water SRF Loan from the Oklahoma Water Resources Board (the “Board”) in the amount of not to exceed $45,000,000.00; and

WHEREAS, the Board has under consideration a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of the Borrower’s Series 2020D Drinking Water SRF Promissory Note to Oklahoma Water Resources Board in the original principal amount of not to exceed $45,000,000.00 (the “DWSRF Note”), said DWSRF Note being secured by a pledge of revenue derived from the Borrower’s water, sanitary sewer, garbage and electric systems (hereinafter collectively, the “System”) and proceeds of a two percent (2.0%) sales tax (the “Sales Tax Revenue”); and

WHEREAS, the Borrower has heretofore issued its (i) $13,900,000 Sales Tax and Utility System Revenue Refunding Note, Series 2010 dated December 30, 2010; (ii) $13,255,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2012 dated August 16, 2012; (iii) $13,710,000 Sales Tax and Utility System Revenue Bonds, Series 2013 dated May 14, 2013; (iv) $22,730,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2014 dated April 3, 2014; (v) $20,755,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2014B dated December 9, 2014; (vi) $20,465,000 Sales Tax and Utility System Revenue Refunding Bonds, Series 2015 dated April 2, 2015; (vii) $41,795,000 Sales Tax and Utility System Revenue Bonds, Series 2016 dated July 5, 2016; (viii) $167,025,000 Sales Tax and Utility System Revenue Bonds, Series 2017 dated October 19, 2017; (ix) $3,726,484.41 Series 2005C Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated August 15, 2005; (x) $19,000,000 Series 2018 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated June 26, 2018; (xi) $40,000,000 Series 2020C Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated June 19, 2020; and (xii) $16,085,000 General Sales Tax Revenue Note, Refunding Series 2013 dated July 31, 2013 (items (i) through (viii) being referred to herein as the “Senior Lien Utility Indebtedness”; items (ix), (x), and (ix) being referred to herein as the “Subordinate Lien Utility Indebtedness”; and item (xii) being referred to herein as the “Senior Lien Sales Tax Indebtedness”); and

WHEREAS, the DWSRF Note shall be secured on a parity with the Subordinate Lien Utility Indebtedness in all respects, and shall be subject and subordinate to the Senior Lien Utility Indebtedness with respect to the lien on the revenues of the System, and shall be subject and subordinate to the Senior Lien Sales Tax Indebtedness with respect to the lien on the Sales Tax Revenue; and

WHEREAS, it is the desire of the Borrower to authorize the execution and delivery of any and all documents necessary or attendant to the issuance of the DWSRF Note.

NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE EDMOND PUBLIC WORKS AUTHORITY, OKLAHOMA COUNTY, OKLAHOMA:

3

Section 1. Application; Professionals. The Borrower shall file an Application(s) with the Oklahoma Water Resources Board seeking financial assistance through the Drinking Water State Revolving Fund Loan Program in the amount of $45,000,000.00 in order to accomplish the financing of the water treatment plant improvements; and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute said Application(s) for and on behalf of the Borrower. The Borrower is further authorized to advance to the Oklahoma Water Resources Board the necessary application fees in connection with the referenced Application(s). The Borrower authorizes the staff of the Borrower and BOK Financial Securities, Inc., as financial advisor, and The Public Finance Law Group PLLC, as bond counsel, to prepare and submit the referenced Application(s) on behalf of the Borrower and to take such other action as is necessary to accomplish the financing of the water system improvements. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized and directed to do all other lawful things necessary to carry out the terms and conditions of this Resolution, including the execution of scope of services agreements for professional services associated with the loan.

Section 2. Issuance of DWSRF Note. The Borrower is hereby authorized to accept said loan and issue its DWSRF Note payable to the Board and secured by a pledge of revenue derived from the operation of the System and the Sales Tax Revenue. The officers of the Borrower are hereby authorized and directed to execute said DWSRF Note and to do any and all lawful things to effect said loan and secure said loan from the Board, provided that the principal amount of the DWSRF Note shall be not to exceed $45,000,000.00, and the rate of interest on the DWSRF Note shall be a fixed rate of interest of not to exceed three and one-half percent (3.50%) per annum inclusive of administrative fees of one half of one percent (1/2%). The Chairman or Vice Chairman shall be authorized to execute a Certificate of Determination establishing the principal amount and the rate of interest on the DWSRF Note.

Section 3. Execution of Loan Agreement for Drinking Water SRF Loan. The Loan Agreement for Drinking Water SRF Loan by and between the Borrower and the Board, pertaining to the DWSRF Note (the “Loan Agreement”) is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement.

Section 4. Designation of Local Trustee and Execution of Trust Agreement. The Borrower hereby designates BOKF, NA, Oklahoma City, Oklahoma, to serve as local trustee (the “Local Trustee”) of certain funds in relation to the DWSRF Note. The Trust Agreement, by and between the Borrower and the Local Trustee, pertaining to the DWSRF Note (the “Trust Agreement”) is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Trust Agreement.

Section 5. Execution of Security Agreement. The Security Agreement by the Borrower in favor of the Board (the “Security Agreement”), whereby the Borrower gives a lien on the revenues of the System to the Board to secure payment of the DWSRF Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement.

4

Section 6. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement dated as of December 1, 2016 (the “Sales Tax Agreement”), by and between the City and the Borrower, which Sales Tax Agreement pertains to a year-to-year pledge of certain Sales Tax Revenue as security for the DWSRF Note, is hereby ratified and confirmed.

Section 7. Lease. The Lease executed December 22, 1970, to be effective as of November 18, 1970, as amended by an Amendment to Lease Agreement dated December 3, 1984, an Amendment to Lease dated as of September 1, 1999, an Amendment to Lease dated as of February 1, 2005, and a Second Amendment to Lease dated October 24, 2005 (collectively, the “Lease”), whereby the City leased its water, sanitary sewer, garbage and electric systems to the Borrower, is here by ratified and confirmed, and the term of said Lease shall extend until the DWSRF Note is repaid.

Section 8. Covenants of Borrower. Until payment in full of the DWSRF Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Security Agreement and the Loan Agreement, which covenants are incorporated herein in their entirety.

Section 9. Fees and Expenses. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) those fees and expenses set forth on Exhibit “A” hereto, together with such other fees and expenses as will be set forth on the Borrower’s Closing Order to be executed in connection with the closing of the financing referenced herein.

Section 10. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein.


5

ADOPTED AND APPROVED THIS 26TH DAY OF OCTOBER, 2020.

THE EDMOND PUBLIC WORKS AUTHORITY

(SEAL) Chairman ATTEST: Secretary

6

STATE OF OKLAHOMA ) )SS COUNTY OF OKLAHOMA ) I, the undersigned, Secretary of The Edmond Public Works Authority, Oklahoma County, Oklahoma, an Oklahoma public trust, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the “Open Meeting Law” was complied with for such meeting. GIVEN UNDER MY HAND THIS 26TH DAY OF OCTOBER, 2020. (SEAL) Secretary

*Not-to-exceed fee and expense amount based upon loan sizing of $45,000,000.00.

EXHIBIT “A” Fees and Expenses Paid at Closing The Public Finance Law Group PLLC Legal Fee and Reimbursement of Expenses $52,000.00* BOK Financial Securities, Inc. Financial Advisory Fee and Reimbursement of Expenses $165,000.00* BOKF, NA Trustee Bank Acceptance Fee $500.00 C. H. Guernsey & Company Engineering Certificate of Debt Coverage per OMPA Contract $1,500.00 * Not to exceed

PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE CITY COUNCIL OF THE CITY OF EDMOND, OKLAHOMA (THE “CITY”) MET IN VIRTUAL REGULAR SESSION ON THE 26TH DAY OF OCTOBER, 2020, AT 5:30 P.M. PRESENT: ABSENT: (OTHER PROCEEDINGS) Thereupon, the following resolution was introduced and read by the Mayor. Councilmember ____________ moved passage of the Resolution and Councilmember ___________ seconded the motion. The motion carrying with it the approval of said Resolution was approved by the following vote: AYE: NAY: The Resolution so approved is as follows:

RESOLUTION NO. ____

A Resolution Of The City Of Edmond, Oklahoma (The “City”) Approving Action Taken By The Edmond Public Works Authority (The “Authority”) Authorizing Issuance, Sale And Delivery Of A Promissory Note Of The Authority To The Oklahoma Water Resources Board; Ratifying And Confirming A Lease, As Amended, Pertaining To The Leasing Of The City’s Water, Sanitary Sewer, Garbage And Electric Systems To The Authority; Ratifying And Confirming A Subordinate Lien Sales Tax Agreement; And Containing Other Provisions Related Thereto.

WHEREAS, The Edmond Public Works Authority (the “Authority”) did, by its Resolution adopted October 26, 2020, authorize the issuance, sale and delivery of its Series 2020D Drinking Water SRF Promissory Note to Oklahoma Water Resources Board; and

WHEREAS, the City Council of The City of Edmond, Oklahoma (the “City”) hereby determines that the actions taken by the Authority should be authorized and approved; and

WHEREAS, the City hereby determines that such other action necessary or attendant to accomplishment of the referenced financing should be considered by the City Council of the City.

2

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMOND, OKLAHOMA:

Section 1. Issuance of Note. That the issuance, sale and delivery of The Edmond Public Works Authority, Oklahoma County, Oklahoma, Series 2020D Drinking Water SRF Promissory Note to Oklahoma Water Resources Board in the principal amount of not to exceed $45,000,000.00 (the “DWSRF Note”), all as approved by said Authority on October 26, 2020, be and hereby is authorized, approved and ratified.

Section 2. Approval. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the DWSRF Note and all other aspects of the transaction be and are hereby authorized, approved and ratified.

Section 3. Lease. The Lease executed December 22, 1970, to be effective as of November 18, 1970, as amended by an Amendment to Lease Agreement dated December 3, 1984, an Amendment to Lease dated as of September 1, 1999, an Amendment to Lease dated as of February 1, 2005, and a Second Amendment to Lease dated October 24, 2005 (collectively, the “Lease”), whereby the City leased its water, sanitary sewer, garbage and electric systems to the Authority, is here by ratified and confirmed, and the term of said Lease shall extend until the DWSRF Note is repaid.

Section 4. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement dated as of December 1, 2016 (the “Sales Tax Agreement”), by and between the City and the Authority, which Sales Tax Agreement pertains to a year-to-year pledge of certain Sales Tax Revenue as security for the DWSRF Note, is hereby ratified and confirmed.

Section 5. Necessary Action. That the Mayor or Mayor Pro Tem and City Clerk or Deputy City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the DWSRF Note and all other aspects of the transaction.


3

PASSED AND APPROVED THIS 26TH DAY OF OCTOBER, 2020. THE CITY OF EDMOND, OKLAHOMA (SEAL) Mayor ATTEST: City Clerk

4

STATE OF OKLAHOMA ) )SS COUNTY OF OKLAHOMA ) I, the undersigned, City Clerk of The City of Edmond, Oklahoma, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the City Council of said City held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the “Open Meeting Law” was complied with for such meeting. GIVEN UNDER MY HAND THIS 26TH DAY OF OCTOBER, 2020. (SEAL) City Clerk


Submitted For: Asma Lama Tamang Submitted By:AsmaLamaTamang,Engineering

InformationItemApproval of BNSF Utility Crossing Agreement for Water System Master Plan ProjectUPSZ-4: Danforth Water Line Project; $4,966.

BackgroundThe Water and Wastewater Master Plan identified deficiencies in the water distributionsystem. Water Master Plan Project UPSZ-4 is 24" Waterline along Danforth Road fromDanforth Pump Station (in the vicinity of the soccer complex) to Chowning Street. ProjectUPSZ-4 will help distribute water from new water tower at Danforth Road and Thomasand will loop the existing distribution system to improve water pressure and distributionsystem reliability.

An agreement between BNSF Railway Company and the City of Edmond will allowEdmond to construct a 24" water line across the BNSF Railway Company's right-of-way atDanforth Road. Please see the attached map for reference.The execution of agreementrequires $3,700 for contract fee and $1,266 for BNSF's railroad protective liabilityinsurance policy.

Time FrameImmediate upon approval.

IssueExecution of the contract agreement between the City of Edmond and BNSF RailwayCompany is necessary for construction of a 24" water line which crosses BNSF Railway atDanforth Road.



Public NotificationPosted Agenda.



Account:Water Treatment Plant/Waterworks Construction563332-8409

AttachmentsMAP

FN JOB NO EDM18316FILE NAME

90% Alignment.mxd

DATE

SCALE

DESIGNEDLCA

DRAFTED02420

Exhibit

1BNSF Railroad Crossing

10/8/2019IPath: H:\UTILITIES\90% Alignment.mxd

1:12,000

0 1,000Feet

NAD 1983 StatePlane Oklahoma North FIPS 3501 Feet

6303 N. Portland Ave.Suite 100Oklahoma City, OK 73112P: 405-607-7060

Danforth 24" Water Line (City of Edmond, OK)

Proposed 24" Water Line

BNSF Railroad

Crossing Location

Edmond NorthHigh School

City Council Item # 8. A. Meeting Date: 10/26/2020 Submitted For: Randy Entz, Planning/Zoning

InformationItemCase #Z20-00016 Public Hearing and Consideration Ordinance No. ________ Rezoningfor 311 W. 2nd Street, from “E-1” General Retail Commercial to “B” Two-FamilyResidential, located on the north side of W. 2nd between Walnut and Fretz. (Bill Martin)

Attachments311 W. 2nd - Bill Martin 311 W 2nd - Bill Martin - attachment

TO: Larry Stevens, City Manager

FROM: Randy Entz, City Planner

DATE: October 26, 2020

RE: Case #Z20-00016 Public Hearing and Consideration Ordinance No. ________ Rezoning for 311 W. 2nd Street, from “E-1” General Retail Commercial to “B” Two-Family Residential, located on the north side of W. 2nd between Walnut and Fretz. (Bill Martin)

Planning Commission considered this item on October 6, 2020 and recommended approval by a vote of 4-0.

Background: The applicant is requesting a rezoning from “E-1” Retail General Commercia l to “B” Two-Family Residential in order to build a duplex on the site. There are currently no buildings on the property, and it is a part of the Surbers 1st Addition plat.

Planning Department:

1. Property zoning – Currently zoned “E-1” Retail General Commercial; applicant is requesting “B” Two-Family Residential.

2. Lot size – 10,500 sq ft equivalent to 0.25 acres.

3. Setback requirements – The setbacks in “B” Two-Family zoning require twenty-five (25) feet in the front yard for a minor street, five (5) feet for side yard, and twenty (20) feet for the rear yard.

4. Surrounding uses and zoning – To the north and west are “A” Single-Family zoning occupied by single-family residences. East is “E-1” Retail General Commercia l zoning with a commercial structure. On the south side, across W. 2nd Street, both “E-1” Retail General Commercial and “E-2” Open Display Commercial are present with commercial structures.

5. Edmond Plan 2018 – This parcel is designated as Urban Neighborhood in the comprehensive plan, in which “B” Two-Family is designated as an appropriate use provided buildings have small to medium footprints and complement the surrounding area, including downtown.

Office of the City PlannerPO Box 2970Edmond, Oklahoma 73083-2970(405) 359-4790 Fax (405) 359-4767

6. Utilities – The property has access to City water on the south side of the property. Sewer and electric are available on the north side.

Landscaping/Urban Forestry:

7. Landscaping – Trees on the site are located primarily along the property lines. Impact to tree canopy is difficult to anticipate due to no tree planting or preservation requirements currently existing within the proposed land use.

Staff Recommendation: Staff recommends approval of the application for Z20-00016. Staff recommendations are based on a technical evaluation of the information provided at the time of review. Staff recommendations are advisory only and do not constitute Planning Commission or City Council decisions.

BGP

W EDMOND RD

S FRE

TZ A

VE

N FRETZ AVEN

WALN

UT ST

S FRE

TZ A

VE

S WAL

NUT S

TWI

MBLE

DON

RD

W EDMOND RD

W 2ND ST

W 1ST ST

W MAIN ST

W HURD ST

W MAIN ST

W 2ND ST

A

E-2

E-2E-2 E-1 E-1

D-2 E-2E-2E-2

A

B

D-2

D-2

D-1

E-1 E-1E-2

E-1

E-1E-1

E-1

E-2

E-2

E-1E-2

A

A

E-2

E-1

B

CBD

B

SUBJECT PROPERTY

Z o n i n g M a pZ o n i n g M a pZ 2 0 - 0 0 0 1 6 - 3 1 1 W 2 n d S t r e e tZ 2 0 - 0 0 0 1 6 - 3 1 1 W 2 n d S t r e e t

The City of Edmond disclaims any warranty or merchantability orwarranty for fitness of use for a particular purpose, expressed orimplied, with respect to this data. Furthermore, the City of Edmonddisclaims any responsibility for the accuracy or completeness of this data.

PLANNING DEPARTMENTCITY OF EDMOND ±

W 2ND STSUBJECT PROPERTY

A e r i a l M a pA e r i a l M a pZ 2 0 - 0 0 0 1 6 - 3 1 1 W 2 n d S t r e e tZ 2 0 - 0 0 0 1 6 - 3 1 1 W 2 n d S t r e e t

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PLANNING DEPARTMENTCITY OF EDMOND ±

City of Edmond NOTICE OF PUBLIC MEETING

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