City Council

MEETING OF THE CITY COUNCIL GEORGE FINA MUNICIPAL BUILDING - 314 EDMOND ROAD NORTHWEST Monday, November 22, 2021 6:30pm MEMBERS PRESENT: Mayor Kurt Mayabb, Councilman Austin Redus Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, and Councilman Jonathan Hisey ABSENT: Councilman Melissa Ashford STAFF PRESENT: Interim City Manager Mark Roath City Clerk Jennifer Smith, City Attorney Michael Segler, Community Development Director Scott Garnand, and City Secretary Arielle Garcia. 1. CALL TO ORDER - Mayor Kurt Mayabb called the meeting to order at 6:30pm 2. ROLL CALL - City Clerk Jennifer Smith called roll and a quorum was present 3. DESIGNATE A MEETING LEADER- In the absence of the Mayor or Mayor Pro Tem 4. FLAG SALUTE - Mayor Kurt Mayabb led flag salute 5. INVOCATION – Mayor Kurt Mayabb led invocation 6. CONSENT AGENDA - All items on the consent agenda are non-controversial and may be approved by one motion for items. a) Approval of Minutes for the City Council Meeting on October 25, 2021. b) Approval of Minutes for the Special City Council Meeting on October 20, 2021. c) Approval of Minutes for the Special City Council Meeting on November 12, 2021. d) Approval of Minutes for the City Council Meeting on August 23, 2021. e) Recognition/Approval of Purchase Order/Disbursements for the City (Claims List). f) Recognition/Approval of Financial Statements. g) Recognition/Approval of Encumbrance Report. h) Approval of Resolution No. 11.22.21A authorizing OMAG to distribute escrow account funds. i) Approval of Resolution No. 11.22.21B an administration rezoning for 518 Van Buren Ave from A-1 to RS-2. j) Approval of Resolution No. 11.22.21C an administration rezoning for 1321 Craig Dr NW from A-1 to RE-2 k) Approval of Resolution No. 11.22.21D an administration rezoning for 210 Piedmont Dr N from A-1 to C-2 l) Approval of 2022 City Council Meeting dates. Councilman Austin Redus made a motion to approve items b, c, d, e, f, g, i, j, k, and l of the consent agenda. Motion was seconded by councilman Jonathan Hisey. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None 7. CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT AGENDA Councilman Jonathan Hisey and Councilman Ron Cardwell pulled item a of the consent agenda. Mayor Pro Tem Kevan Blasdel pulled item h of the consent agenda. Item A of the consent agenda Councilman Ron Cardwell addressed errors in the minutes to be corrected. Mayor Pro Tem Kevan Blasdel made a motion to have minutes corrected and brought back to the next City Council Meeting. Motion was seconded by councilman Ron Cardwell. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None Item H of the consent agenda Mayor Pro Tem Kevan Blasdel addressed the council Item h is a refund on our workers comp policy premium. The letter from OMAG it says we must specify which fund we want the refund to go into. Since it is a refund of the worker’s compensation policy, I think we should state that we are directing OMAG to apply the refund to our workers compensation premium and that OMAG requires our approval of this be reflected in the copy of the minutes Mayor Pro Tem Kevan Blasdel made a motion to apply the refund to our workers compensation policy premium and reflect it in the minutes. Motion was seconded by Councilman Jonathan Hisey Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None 8. HEARING OF CITIZENS - Topics to include those items not listed in the agenda. Jordan Stover addressed the council He is a 4th generation farmer from this area. He is asking for the support and/or guidance on getting a statue/ memorial for ranchers and farmers. Farming is ranked 6 and 7 of deadliest work in the us. 165% more deadly than being a cop. Farming and ranching are the highest suicide rate of all occupations. I think we should honor people who are not advertising what they are doing. We showcase the equipment and the progression of that. I think we need to do something for the farmer and rancher themselves. I haven’t seen anywhere in Oklahoma do this. Mayor Kurt Mayabb addressed the council We have a committee together currently trying to brand the city. I can get this information to them. I’ll get your information after the meeting. Councilman Ron Cardwell made a motion to close the public hearing. Motion was seconded by Mayor Pro Tem Kevan Blasdel. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None 9. BUSINESS ITEMS – a) Discussion, consideration and possible action on approval of engineering on Mustang Road drainage improvements Mayor Pro Tem Kevan Blasdel addressed the council This is an invoice for the engineering work that was done on Mustang Road improvements. It is 5% of the contract amount of the projects with a portion of the payment deferred until completion of the project. I believe this is what we agreed to when we set up this project, we should pay it. Councilman Ron Cardwell addressed the council There is a deduction in here for construction and inspection management – final warranty inspection for 10%. You are not going to do that? Is that why it is deducted from the 5% fee? City Engineer Jason Brinley addressed the council The deduction is there because the work has not occurred. Councilman Ron Cardwell addressed the council So that work is part of your total 5% fee, you are just not billing it at this time. Councilman Jonathan Hisey addressed the council This is for the engineering work on Mustang Road between 164th and 178th. Construction work is going to start after Christmas and before march. Engineering work has been done. Mayor Pro Tem Kevan Blasdel made a motion to pay the invoice for $36,294.20. Motion was seconded by Councilman Jonathan Hisey. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None b) Discussion, consideration and possible action on approval of auditor bill in the amount of $9525.00 Mayor Kurt Mayabb addressed the council I have tried to contact the state and I have not heard anything back. When we first went through this, we were told it would cost $7925. They submitted another bill on August 31st for another $1600. It is up to the council. We all agreed to pay the $7925, we can write a check for that amount and wait for them to call us back to find out more on the $1600 or pay the whole thing and be done with this. Councilman Austin Redus addressed the council Do we know why it keeps growing? Interim City Manager Mark Roath addressed the council I did speak with the office today; I understood that one or more of the councilmembers had a concern with the amount. I went through the explanation with them, the lady that was in charge of the entire project indicated to me today, originally in their engagement letter, which the council decided not to sign, there was an estimate between $5,000-$10,000 and this is below that. She did not get into the details of exactly how many hours her services were, however she did give me a history of it. My recommendation is we pay it. Mayor Pro Tem Kevan Blasdel made a motion we pay the invoice to the state auditor’s office in the amount of $9525.00. Motion was seconded by Councilman Ron Cardwell. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman  Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None c) Discussion, consideration and possible action on sub lease agreement between Crown Castle and Cox Enterprises. Councilman Jonathan Hisey addressed the council I want to clarify this is Cox enterprises. on the back of the letter it says, essential it says, the lessor consent cannot be withheld, conditioned or delayed. It is sort of like they are notifying us that they are doing it so there is nothing we can do. There is a box on the back that can be checked that says we won’t be notified of anymore consent letters. Is that something we want to entertain? Interim City Manager Mark Roath addressed the council My recommendation is that we always get the paper work and allow the council to decide what they would like to do. Mayor Pro Tem Kevan Blasdel addressed the council The lessor, in this case, the people leasing the property is The Piedmont Municipal Authority. Are we discussing this in the right time and place? City Attorney Mr. Wheatly addressed the council That is a good point, I did not see that. I would wait until the Piedmont Municipal Authority Meeting. Mayor Kurt Mayabb made a motion to move item ‘c) Discussion, consideration and possible action on sub lease agreement between Crown Castle and Cox Enterprise’ to the PMA agenda. Motion was seconded by Mayor Pro Tem Kevan Blasdel. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None d) Discussion, consideration and possible action on ordinance number 701 AN ORDINANCE OF THE CITY OF PIEDMONT, OKLAHOMA, CLOSING TO PUBLIC USE THE STREET RIGHT-OF-WAY AND ALLEY DESCRIBED AS THAT PORTION OF JACKSON AVENUE EAST OF PIEDMONT OF THE ORIGINAL TOWNSITE OF PIEDMONT, CANDIAN COUTY, OKLAHOMA, AS MORE PARTICULARLY DESCRIBED HEREINAFTER RESERVING THE RIGHT TO REOPEN AT THE FOLLOWING LOCATION: PARCEL 1 A TRACT OF LAND BEING A PART OF JACKSON AVENUE AS SHOWN ON THE PLAT OF PIEDMONT, ACCORDING TO THE CANADIAN COUNTY CLERK’S OFFICE, ALSO LYING IN THE SOUTHWEST QUARTER (SW/4), SECTION THIRTY-THREE (33), TOWNSHIP FOURTEEN (14) NORTH, RANGE FIVE (5) WEST OF THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA, BEING DESCRIBED AS FOLLOWS: THAT PART OF SAID JACKSON AVENUE, BEING BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE FOR PIEDMONT ROAD, ON THE NORTH BY THE SOUTH LINE OF BLOCK 16 SHOWN ON THE ABOVE SAID PLAT, ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF ST. LOUIS, EL RENO, AND WESTERN RAILWAY, AND ON THE SOUTH BY THE NORTH LINE OF BLOCK 31 SHOWN ON SAID PLAT. FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SW/4; THENCE SOUTH 00°08’25” EAST, ALONG THE WEST LINE OF SAID SW/4, A DISTANCE OF 800.00 FEET; THENCE NORTH 89°35’00” EAST A DISTANCE OF 40.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF PIEDMONT ROAD; THENCE SOUTH 00°08’25” EAST, ALONG THE WEST LINE OF BLOCK 16, PLAT OF PIEDMONT, A DISTANCE OF 53.50 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 16, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89°54’27” EAST, ALONG THE SOUTH LINE SAID BLOCK 16, A DISTANCE OF 316.83 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 16; THENCE SOUTH 39°37’53” WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF THE ST. LOUIS, EL RENO, AND WESTERN RAILWAY, A DISTANCE OF 90.77 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 31; THENCE NORTH 89°54’27” WEST, A DISTANCE OF 258.76 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 31; THENCE NORTH 00°08’25” WEST, PARALLEL WITH THE WEST LINE OF SAID SECTION 33, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS AN AREA OF 20,145.69 SQUARE FEET OR 0.4625 ACRES, MORE OR LESS. AND PARCEL 2 A TRACT OF LAND BEING A PART OF JACKSON AVENUE AS SHOWN ON THE PLAT OF PIEDMONT, ACCORDING TO THE CANADIAN COUNTY CLERK’S OFFICE, ALSO LYING IN THE SOUTHWEST QUARTER (SW/4), SECTION THIRTY-THREE (33), TOWNSHIP FOURTEEN (14) NORTH, RANGE FIVE (5) WEST OF THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA, BEING DESCRIBED AS FOLLOWS: THAT PART OF SAID JACKSON AVENUE, BEING BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF THE ST. LOUIS, EL RENO, AND WESTERN RAILWAY, ON THE SOUTH BY THE NORTH LINE OF BLOCK 32 SHOWN ON THE ABOVE SAID PLAT, ON THE EAST BY THE EAST LINE OF LOT 1, BLOCK 32 EXTENDED, AND ON THE NORTH BY THE SOUTH LINE OF BLOCK 15 SHOWN ON SAID PLAT. FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SW/4; THENCE SOUTH 00°08’25” EAST, ALONG THE WEST LINE OF SAID SW/4, A DISTANCE OF 800.00 FEET; THENCE NORTH 89°35’00” EAST A DISTANCE OF 40.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF PIEDMONT ROAD; THENCE CONTINUING NORTH 89°35’00” EAST A DISTANCE OF 625.16 FEET TO THE NORTHWEST CORNER OF BLOCK 15, PLAT OF PIEDMONT; THENCE SOUTH 39°37’53” WEST, ALONG THE WEST LINE OF SAID BLOCK 15, A DISTANCE OF 76.58 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 15, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89°54’27” EAST, ALONG THE SOUTH LINE OF SAID BLOCK 15, A DISTANCE OF 84.11 FEET; THENCE SOUTH 00°05’33” WEST A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF BLOCK 32; THENCE NORTH 89°54’27” WEST, ALONG THE NORTH LINE OF SAID BLOCK 32, A DISTANCE OF 141.90 FEET TO THE POINT WHERE THE NORTH LINE OF SAID BLOCK 32 INTERSECTS THE EAST RIGHT-OF-WAY LINE OF THE ST.  LOUIS, EL RENO, AND WESTERN RAILWAY; THENCE NORTH 39°37’53” EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 90.77 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS AN AREA OF 7,910.31 SQUARE FEET OR 0.1816 ACRES, MORE OR LESS. (North of 414 Piedmont Rd N) Mayor Pro Tem Kevan Blasdel addressed the council This is just another step in moving toward improving this property. It would be a benefit to downtown Piedmont. Mayor Pro Tem Kevan Blasdel made a motion to approve this closure of Jackson Street from Piedmont Road to the old rail right of way currently owned by RAF. Motion was seconded by Councilman Jonathan Hisey. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None 10. NEW BUSINESS – a) “New business,” as used herein, shall mean any matter not known about or which could not have been reasonably foreseen prior to the time of posting. (25 O.S. 311a(9)) 11. PIEDMONT MUNICIPAL AUTHORITY Councilman Ron Cardwell made a motion to recess to Piedmont Municipal Authority Meeting. Motion was seconded by Mayor Pro Tem Kevan Blasdel. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None Councilman Ron Cardwell made a motion to reconvene to regular City Council Meeting. Motion was seconded by councilman Jonathan Hisey. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None 12. EXECUTIVE SESSION- Mayor Pro Tem Kevan Blasdel made a motion to recess to executive session. Motion was seconded by councilman Ron Cardwell Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None a) Discussion, consideration, and possible action to recess regular city council meeting and convene an executive session for the purpose discussing a pending lawsuit: Blundell v. City of Piedmont,  District Court Canadian County, State of Oklahoma, case no. CJ-2019-749 as provided for in 25 OS sec. 307(B) (4). Councilman Austin Redus made a motion to reconvene to regular City Council Meeting. Motion was seconded by Mayor Pro Tem Kevan Blasdel. Vote Was: AYE: Mayor Pro Tem Kevan Blasdel, Councilman Ron Cardwell, Councilman Jonathan Hisey, and Councilman Austin Redus NAY: None Mayor Kurt Mayabb address council This executive session was supposed to be on the PMA agenda. We will do it in December. No action taken 13. COUNCILMEMBER COMMENTS- Mayor Kurt Mayabb addressed the council Thank you Mark Roath. December 3rd is the mayor’s Christmas tree lighting. Saturday is small town businesses. Councilman Ron Cardwell addressed the council Welcome Mark Roath. Sales Tax are doing good. We are 33% in the year and have 49% tax totals for sales. That’s a good number to see. I’m interested in the idea of the statue for farmers and ranchers. Piedmont could do something special that’s not $100,000. Mayor Pro Tem Kevan Blasdel addressed the council Welcome, Mark Roath. Councilman Jonathan Hisey addressed the council Welcome, Mark Roath. Look forward to the workshop for the water. Happy Thanksgiving. Councilman Austin Redus addressed the council Welcome, Mark Roath. We may want to watch the concessions in towns around us; it is hard to find materials. Interim City Manager Mark Roath addressed the council Admin, Council, and Mayor, Happy Thanksgiving. 14. ADJOURN – Mayor Kurt Mayabb adjourn the meeting at 7:31pm ________________________________ __________________________________ Mayor, Kurt Mayabb City Secretary, Arielle Garcia  MEETING OF THE PIEDMONT MUNICIPAL AUTHORITY (PMA) GEORGE FINA MUNICIPAL BUILDING - 314 Edmond Road NW Monday, November 22, 2021 6:30pm (Immediately following the City Council Meeting) MEMBERS PRESENT: Mayor Kurt Mayabb, Trustee Kevan Blasdel, Trustee Ron Cardwell, Trustee Jonathan Hisey, and Trustee Austin Redus ABSENT: Trustee Melissa Ashford STAFF PRESENT: Interim City Manager Mark Roath, City Clerk Jennifer Smith, City Attorney Michael Segler, and City Secretary Arielle Garcia. 1. CALL TO ORDER – Mayor Kurt Mayabb called the meeting to order at 6:54pm 2. ROLL CALL – City Clerk Jennifer Smith called roll and there was a quorum 3. CONSENT AGENDA - All items on the consent agenda are non-controversial and may be approved by one motion. a) Approval of Minutes for the Piedmont Municipal Authority Meeting on October 25, 2021. b) Recognition/Approval of Purchase Order/Disbursements for the City (Claims List). c) Recognition/Approval of Financial Statements. d) Approval of 2022 Piedmont Municipal Authority Meeting dates. Trustee Kevan Blasdel made motion to approve the consent agenda. Motion was seconded by Trustee Jonathan Hisey. Vote Was: AYE: Trustee Kevan Blasdel, Trustee Ron Cardwell, Trustee Jonathan Hisey, and Trustee Austin Redus NAY: None 4. CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT AGENDA – 5. BUSINESS ITEMS – a) Discussion, consideration and possible action to enter into agreement for interim PMA manager and ratification of any actions taken before November 22, 2021. Trustee Kevan Blasdel made a motion to approve Mark Roath as Piedmont Municipal Authority Manager. Motion was seconded by Trustee Jonathan Hisey. Vote Was: AYE: Trustee Kevan Blasdel, Trustee Ron Cardwell, Trustee Jonathan Hisey, and Trustee Austin Redus NAY: None b) Discussion, consideration, possible action and update by Garver on Edmond Road waterline project. City Engineer Mary Elizabeth Mach addressed the Trustees The water line is progressing many thanks to Acting Public Works Director Joshua Johnston. He was about to pot the hole the existing water lines. That was essential the hold up. Now that we know where this line is, we will start moving forward on these plans and expect it to be completed by January. Trustee Ron Cardwell addressed the Trustees What was the original schedule for having this project advertised? City Engineer Mary Elizabeth Moch addressed the Trustees I do not recall. For about six or seven weeks we have been waiting to have that line potholed. Trustee Ron Cardwell addressed the Trustees Main reason I am asking, do you still think $400,000 was an adequate estimate for a 16” line? It does include some 12” lines as well, does it not? City Engineer Mary Elizabeth Moch addressed the Trustees Majority of it I believe is the 16” main from the tower to the end of Piedmont and Edmond Road. I would hate to venture into cost given todays market. Often times the prices aren’t held longer than 30 days. Trustee Ron Cardwell addressed the Trustees Well could you than come to the next meeting and give us an update on pricing? The meeting after that is going to be January and your plans are going to be finalized near then. No action taken c) Discussion, consideration and possible action on problems with air in city water lines. Workshop planned with Garver. No action taken. d) Discussion, consideration and possible action on sub lease agreement between Crown Castle and Cox Enterprise Trustee Kevan Blasdel made a motion to give authority for sub lease of tower to Cox Enterprises. Motion was seconded by Trustee Jonathan Hisey. Vote Was: AYE: Trustee Kevan Blasdel, Trustee Ron Cardwell, Trustee Jonathan Hisey, and Trustee Austin Redus NAY: None 6. NEW BUSINESS – a) “New business,” as used herein, shall mean any matter not known about or which could not have been reasonably foreseen prior to the time of posting. (25 O.S. 311a(9)) 7. AJOURN- Mayor Kurt Mayabb adjourned the meeting at 7:16pm Trustee Ron Cardwell made a motion to adjourn the PMA meeting and reconvene to the regular City Council Meeting. Motion was seconded by Trustee Jonathan Hisey Vote Was: AYE: Trustee Kevan Blasdel, Trustee Ron Cardwell, Trustee Jonathan Hisey, and Trustee Austin Redus NAY: None _______________________________ ___________________________________ Mayor Kurt Mayabb City Secretary Arielle Garcia