City Council

City of Purcell 01-06-2020 Minutes CITY OF PURCELL REGULAR MEETING JANUARY 6, 2020 6:00 P.M. COMMUNITY ROOM OF THE POLICE SERVICE BUILDING 1515 N. GREEN AVENUE MINUTES 1. Call to order and declaration of a quorum present. Mayor Cox called the meeting to order and declared a quorum to be present at 6:00 p.m. 2. Roll Call. Roll call was conducted by City Clerk, Dorothy Kennedy, with the following results: Councilmen present: Danny Jacobs, Graham Fishburn, Theda Engert, Jay Tate, Ted Cox Councilman absent: None Staff present: Dale Bunn, Victor Lohn, Dorothy Kennedy, Jimmy New, John Blue, Clent Kennedy, Bobby Elmore, James Bolling, Tommy Mize Counsel: Ted Haxel 3. Pledge of Allegiance. Mayor Cox led the Pledge of Allegiance. Mayor Cox asked for a moment of silence in honor of Ron Fishburn, long time member and friend of the community, veteran, former mayor and councilman and a friend to many. Mr. Bunn offered the invocation. 4. Welcome. Mayor Cox welcomed guests. 5. Discussion of agenda items. Mayor Cox called for any discussion of agenda items. He announced that he had received Requests to be Heard from Mr. Bill Boyle and Mr. Steven Reeves. Mr. Bill Boyle had made a request to address agenda item 12, Ordinance 18-08 Section 123.4 (C). Mr. Boyle advised this is the one that restricts days of operation to Monday thru Saturday from 9:00 am to 9:00 p.m. and requires closure for four holidays. Mr. Boyle advised Pharmacies are allowed to be open on Sundays with no restriction in hours. The State of Oklahoma has determined this product to be a medical product. He stated that he felt these type business should be treated like a pharmacy and with no restriction on days or hours of operation or holiday restrictions. Mr. Boyles advised he sees them as less problems than pharmacies because pharmacies sell opioids. Mr. Steven Reeves had made a request to address agenda item 12, Ordinance 18-08 Section 123.4 (C). Mr. Steven Reeves a corporate citizen of Purcell provided the Mayor with a petition listing 7 concerns regarding Ordinance No. 18-08. He asked the Sunday and hours of operation be lifted. He stated that Sunday closure will result in the loss of tax revenue to the City and would eliminate two jobs. He advised he feels there should be no restrictions in terms of hours or days of operation since the same restrictions are not true of pharmacies. Mr. Reeves pointed out that it is “medical” marijuana. He reiterated it is counter productive for the City to force closure on Sundays, which will result in the loss of tax revenue and the elimination of two jobs. He ask that the City stay with 788 and now SB-2612. Councilman Fishburn asked Mr. Reeves if he had a business in Norman and was it open on Sundays. Mr. Reeves advised he did own a business and it is open on Sundays. He advised it is not common to be closed on Sundays. He stated the Council should have checked with industry owners prior to making laws. Mayor Cox stated that he had personally invited Mr. Reeves to a meeting while ordinance was being drafted. 6. Approve the Consent Agenda. a. Approval of minutes for December 2, 2019 Meeting. 1 City of Purcell 01-06-2020 Minutes b. Approval of payment of claims as presented in the Council Expense Report in the amount of $613,884.34. c. Approval of payment of Street & Alley Claims in the amount of $10,300.00. d. Approval of payment for Unemployment Insurance in the amount of $0.0. e. Approval of payment of Capital Improvement Claims in the amount of $86,497.84. f. Approval of payment of Rural Fire Claims in the amount of $0.0. g. Approval of payment for Airport Authority in the amount of $9,647.73 h. Approval of estimated payroll in the amount of $240,000.00. i. Approval of the Treasurer’s Financial Report. Councilman Jacobs made a motion second by Councilman Tate to approve the Consent agenda as written. Yes: Jacobs, Tate, Fishburn, Engert, Cox No: None Absent: None 7. Consideration and possible action on items removed from the Consent Agenda. There were no items removed from the Consent Agenda. 8. Discussion and possible action concerning Resolution No. 20-C01 A RESOLUTION OF THE CITY COUNCIL, CITY OF PURCELL, OKLAHOMA MAKING A REQUEST TO THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) TO DEDICATE THE BRIDGE OVER INTERSTATE 35 ON STATE HIGHWAY 74 IN THE CITY OF PURCELL, MCCLAIN COUNTY, OKLAHOMA AS SSGT CECIL WELLMAN MEMORIAL BRIDGE. American Legion/VFW, Sgt Glen Parker, USAF was present to present their request to dedicate the bridge over I-35 on State Highway 74, as a memorial bridge, in honor of SSGT Cecil Wellman. He reported that SSGT Wellman served during the Vietnam War. He reported that is during a turbulent time in American History. Sgt Parker reported that the American Legion had already honored a Veteran in Lexington and did not wish to leave veteran’s from Purcell out. Sgt Parker stated that ODOT has already approved the request and the American Legion’s request is for the City to draft a letter in support. He advised we needed to correct the resolution by replacing ODOT with Senator Paul Scott and Representative Sherrie Conley. Councilman Jacobs made a motion second by Councilman Fishburn to amend Resolution No 20- C01 by removing Oklahoma Department of Transportation (ODOT) and replacing it with Senator Paul Scott and Representative Sherrie Conley. Yes: Jacobs, Fishburn, Tate, Engert, Cox No: None Absent: None Councilman Jacobs made a motion second by Councilman Fishburn to approve Resolution No. 20-C01 as amended in replacing ODOT with Senator Paul Scott and Representative Sherrie Conley. Yes: Jacobs, Fishburn, Engert, Tate, Cox No: None Absent: None 9. Presentation and discussion of the Treasurer’s Financial Report. Mr. Lohn reported that November 2019 revenue continue to outpace the expenses for the current fiscal year. Tax revenue overall is flat, but on the positive side. The City continues to be able to cover expenses with current revenue streams. 10. Presentation and discussion of the City Manager Report. Mr. Bunn reported on the following: • Lights from the Heart had a positive year end with estimated attendance approximately 22,500. It had record donations this year up 16%, the best since it has begun. He noted the donations were record high even though there were 6 less days or about 17% less days this year than last year. • The Multipurpose Center ceiling tiles have been replaced, interior painting is complete and roof repair is in progress. • The Lake Trails base works is done. Concrete pads and sidewalks are complete and asphalt will go down when the weather is warmer. • Restrooms are being rebid. • Irrigation and planting along the Trails will be done this spring. 2 City of Purcell 01-06-2020 Minutes • The Hospital property purchase closing is on Wednesday. The design for public display will go out this month. Ground breaking is estimated in 90-120 days, with completion estimated in 24-30 months. • Mr. Bunn reported on electric system in Purcell. Renewable energy for Purcell is 51% which consists mainly of hydro and wind energy, plus GRDA. Coal makes up 14%, and gas is 30%. In comparison OG&E has a much lower renewable ratio and higher gas and coal percentages. • Chief Kevin Williams retired with 30 years of service to Purcell. Mr. Bunn introduced Bobby Elmore as the new Police Chief and James Bolling as the new Captain. Chief Elmore stated that he will have an open door policy. 11. Discussion and possible action to amending or eliminating the distance between retail marijuana establishments as defined in Ordinance 18-08 Section 123.0 (3). Mayor Cox advised this mater was previously approved in a previous meeting. No action is necessary. 12. Discussion and possible action to amend the restriction on days that dispensaries may be open as defined in Ordinance 18-08 section 123.4 (C). Mayor Cox advised he has been informed that with recent changes in State Statues and State Supreme Court rulings that the entire Medical Marijuana Ordinance needs to be reviewed and updated. He stated it is his personal opinion that it is not the Council’s best interest to dictate how ordinance enforcement goes. He stated we have staff, attorney and judges in place to oversee that. Mr. Haxel stated he had sent an email advising, because of recent changes in State Law, that we really need to look at the whole Medical Marijuana Ordinance. He advised that there are certain portions that he does not recommend Purcell to enforce. Referring to Sunday closure Mr. Haxel stated the seminars he has been in attendance state Medical Marijuana dispensaries are basically pharmacies. Mr. Haxel recommended the Council implement a moratorium concerning enforcement of the section requiring closure on Sunday and holidays until we have had time to review and have clarification on State Law requirements. Councilman Fishburn made a motion second by Councilman Tate to approve a moratorium on enforcement of days of the week and holidays until we have opportunity to revamp the ordinance. Yes: Fishburn, Tate, Engert, Jacobs, No: Cox Absent: None Mayor Cox noted his no vote is based on his opinion that this should not be the Council’s area, not because he is against it. 13. Discussion and possible action to award the Improvements to HVAC 3 at Purcell Police Station contract from the following bids: a. Air Technology $50,739 b. Innovative Mechanical $65,800 Chief Elmore advised there were four companies who looked at the job. Two companies actually bid on the project. He advised the low bidder Air Technology the City has used for certain jobs and already has a working relationship with them. Mayor Cox asked Chief Elmore if he felt comfortable with the project details and with the low bidder. Chief Elmore advised he was. Councilman Jacobs made a motion second by Councilwoman Engert to award to the low bidder Air Technology in the amount of $50,739. Yes: Jacobs, Engert, Fishburn, Tate, Cox No: None Absent: None 14. Discussion concerning a presentation by Ryan Bayless, Parks and Recreation Board Chairman, regarding skate board park interest and planning. Mr. Ryan Bayless spoke concerning public interest in a skate board park. The Parks Board put out a community poll the results indicate approximately 77% support for a skate park. Mr. Bayless advised there is 100% support among the Main Street Businesses that he had contacted. Mr. Bayless displayed a design by Native Skate Park Designs. The design was from previous discussions with the Parks Board. The estimated size is 7,500 to 8,750 square foot. If built, it is proposed to go in McCurdy Park due to its central location. Bayless gave cost estimate of $45 per square foot. He estimated $3,500 for design cost and around $400,000 for total project cost. He said that he had made attempts to estimate high. 3 City of Purcell 01-06-2020 Minutes Mayor Cox asked if there is any grant funding available. Cody Penner advised they are looking at some potential grant funding but needed to know if the City supported it prior to applying. Councilman Jacobs made a motion second by Councilman Tate to approve the City Council to serve notice in support of their efforts to write Federal Programs and gain direction and purpose and to complete a skate park. Yes: Jacobs, Tate, Engert, Fishburn, Cox No: None Absent: None Councilman Tate noted the agenda item does not say possible action. Mayor Cox advised the motion is voicing support of the project and is not approval of any funding. 15. Discussion and possible action concerning an update of status of 607 W Jefferson. James New stated the owners of the property have done some clean up and cutting trees. The structure is boarded at this time but still needs to be torn down. Mr. New advised he had made several attempts to contact but was not able to do so. He advised he believes the owners will be willing to take it down. 16. Discussion and possible action to authorize the General Manager to sign closing documents on the Purchase of property for the new Hospital based on the understood site at 9th Avenue and Green Avenue for a cost of $450,000. Mayor Cox noted that the closing documents which include closing cost is $456,145. He asked if we need to amend to include the closing cost amount? Mr. Haxel affirmed. Councilman Fishburn made a motion second by Councilman Jacobs to amend the cost from $450,000 to $456,145. Yes: Fishburn, Jacobs, Engert, Tate, Cox No: None Absent: None Councilman Jacobs made a motion second by Councilwoman Engert to authorize the City Manager to sign closing documents based on the new amount of $456,145. Yes: Jacobs, Engert, Fishburn, Tate, Cox No: None Absent: None 17. Discussion and possible action concerning Budget Amendment GF- 2020-14 increasing Revenue - Reimbursement/Discount and increasing Appropriations – Vehicle Repairs both in the amount of $4,084 due to an insurance claim to repair a police unit that was damaged. Councilman Jacobs made a motion second by Councilwoman Engert to approve Budget Amendment GF-2020-14 as written. Yes: Jacobs, Engert, Tate, Fishburn, Cox No: None Absent: None 18. Discussion and possible action concerning Budget Amendment GF-2020-15 increasing Revenue – Lakes Trails Donation and increasing Appropriations = Lake Trails Amenities both in the amount of $1,253 due to the receipt of two benches, one chair and a grill. Councilwoman Engert made a motion second by Councilman Tate to approve Budget Amendment GF-2020-15 as written. Yes: Engert, Tate, Jacobs, Fishburn, Cox No: None Absent: None 19. Discussion and possible action concerning the recommendation of Oklahoma Municipal Assurance Group (OMAG) to deny Tort Claim No 207177-KW. Ms. Kennedy explained the tort was in reference to brush that was cut by the City and stacked in the alley to be removed at a later time. After driving by the claimant noticed there were scratches on the side of her vehicle. OMAG investigated and found the City not at fault and have made the recommendation that the City deny the claim. Councilman Fishburn made a motion second by Councilman Jacobs to deny the Tort Claim Number 207177-KW. Yes: Fishburn, Jacobs, Engert, Tate, Cox No: None Absent: None 4 City of Purcell 01-06-2020 Minutes Mayor Cox declared the meeting to be in recess and short break prior to going into the Purcell Public Works Authority Meeting at 7:00 p.m. Mayor Cox declared the City Council Meeting and the Purcell Public Works Authority in joint session in order to enter joint Executive Session at 7:12 p.m. 20. EXECUTIVE SESSION: DISCUSSION, CONSIDERATION RE: AN EXECUTIVE SESSION TO BE HELD IN ACCORDANCE WITH 25 O.S. § 307 (B) (3). a. Discussion and consideration concerning the purchase or acquisition of certain land or property in accordance with 25 O.S. 307 § (B) (3). Mayor/Chairman Cox made a motion second by Councilman/Trustee Jacobs to enter into joint Executive Session at 7:13 p.m. with the following persons entering: Councilmen/Trustees who are present, City/Trust Attorney Ted Haxel, City/Trust Manager Dale Bunn. Yes: Cox, Jacobs, Fishburn, Engert, Tate No: None Absent: None Mayor/Chairman Cox declared the Council has returned from Executive Session at 7:21 p.m. Mayor Chairman Cox made a motion second by Councilman/Trustee Jacobs to return to regular Joint Session at 7:21 p.m. Yes: Cox, Jacobs, Fishburn, Engert, Tate No: None Absent: None 21. EXECUTIVE SESSION: DISCUSSION, CONSIDERATION AND POSSIBLE ACTION CONCERNING ITEMS DISCUSSED IN EXECUTIVE SESSION IN ACCORDANCE WITH 25 O.S. § 307 (B) (3). a. Discussion and consideration and possible action concerning the purchase or acquisition of certain land or property in accordance with 25 O.S. 307 § (B) (3). No action taken on Executive Session. 22. City Council Comments. Councilman/Trustee Tate complemented the City concerning the Lights from the Heart. He stated they were a big hit and the public loved them. He congratulated Chief Elmore and Captain Bolling. Councilwoman/Trustee Engert congratulated Chief Elmore and Captain Bolling. Councilman/Trustee Fishburn offered congratulations to Chief Elmore and Captain Bolling. The Police Department is very important link in the community. He also thanked the Council for their support during a very difficult time when his father had passed away. He advised his father, Ron Fishburn loved the community and was very proud of it. Councilman/Trustee Jacobs offered his congratulations to Chief Elmore and Captain Bolling. Mayor/Chairman Cox offered his congratulations as well to Chief Elmore and Captain Bolling. He also stated that he would like to see the feather grass replaced in areas along Green Avenue that are bare. 23. City Manager and staff comments. None. 24. City Attorney comments. None. 25. Adjourn. Mayor Cox declared the meeting to be adjourned at 7:28 p.m. 5 City of Purcell 01-06-2020 Minutes Approved this 3rd day of February, 2020 ____________________________________ Attest: Ted Cox, Mayor ______________________________________ Dorothy Kennedy, City Clerk 6