City Council

MINUTES C5A Sand Springs City Council Regular Meeting October 28, 2019 – 7:00 p.m. Billie A. Hall Public Safety Center 602 W. Morrow Road – Room B106 Sand Springs, Oklahoma 74063 www.sandspringsok.org MEMBERS PRESENT: Vice Mayor Patty Dixon (8-1) Councilor Phil Nollan (9-0) Councilor Mike Burdge (9-0) Councilor Nancy Riley (3-0) Councilor Beau Wilson (9-0) Councilor Brian Jackson (9-0) ALSO PRESENT: City Manager Elizabeth A. Gray Assistant City Manager Mike Tinker City Attorney David Weatherford City Clerk Janice L. Almy ABSENT: Mayor Jim Spoon (7-2) The Sand Springs City Council met in regular session on October 28, 2019, in Room B106 of the Billie A. Hall Public Safety Center pursuant to the agenda filed with the City Clerk’s office and posted at 11:00 a.m. on October 24, 2019, on the window located at the front entrance of former Fire Station #1, 217 N. McKinley Ave., Sand Springs, Oklahoma 74063. 1. Call to Order Vice Mayor Dixon called the meeting to order at the noted time of 7:00 p.m. 2. Roll Call Vice Mayor Dixon called for an individual roll call with members replying in the following manner: Councilor Jackson, here; Councilor Nollan, here; Councilor Burdge, here; Vice Mayor Dixon, here; Mayor Spoon, no response; Councilor Riley, here; Councilor Wilson, here. It was noted for the record that Mayor Spoon was absent from said meeting.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 2 3. Invocation Following Roll Call, Ms. Nancy Riley provided the invocation; the public was welcome, but not required, to participate. 4. Pledge of Allegiance Vice Mayor Dixon led the Pledge of Allegiance. 5. Mayoral Proclamation – Small Business Saturday Vice Mayor Dixon read aloud and presented a Mayoral Proclamation, to Sand Springs Chamber President Kristen Cepak, proclaiming November 30, 2019, as Small Business Saturday in the City of Sand Springs, Oklahoma. Sand Springs Chamber President Kristen Cepak presented the Shop Local graphics for use in promotion of Small Business Saturday. This item was for informational purposes only. 6. Consent Agenda (A-I) Vice Mayor Dixon informed Council that all matters listed under the Consent Agenda to be considered by Council are to be routine and will be enacted by one motion. Vice Mayor Dixon noted that questions or clarification on Consent Agenda Items could be addressed prior to taking action. Vice Mayor Dixon requested if Council had questions or needed clarification on Consent Agenda Items or whether any item needed to be considered separately. There being none, Vice Mayor Dixon requested a motion regarding Consent Agenda Items 6A through 6I. A motion was made by Councilor Burdge and seconded by Councilor Wilson to approve Consent Agenda Items 6A through 6I. A) The minutes of the September 23, 2019, regular City Council meeting. B) The minutes of the October 1, 2019, special City Council meeting. C) The minutes of the October 9, 2019, regular City Council meeting. D) The corrected budget amendments to the FY20 Budget. E) The purchase of 20 Motorola APX 900 Portable Radios for Parks and Public Works in the amount of $39,992.65 from Motorola Solutions.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 3 F) A Utility Easement Encroachment Agreement and authorization for the Mayor to sign said Agreement as it relates to the Villas at Stone Creek Estates. G) Acceptance of the new water line and sanitary sewer improvements to serve the Villas at Stone Creek Estates subdivision project as constructed by McGuire Brothers Construction, Inc. H) Affirmation of Findings of Fact and Conclusions of Law (approval) of SUP- 50, a Specific Use Permit to allow Medical Marijuana Processing on property zoned IL (Industrial Light), generally located on a parcel of land .69 acres in size, located on Lot 1, Block 1, Wellston Park Addition in Section 10, Township 19 North, Range 11 East, Tulsa County, Oklahoma, and commonly known as 1106 West Wekiwa Road. I) Sand Springs Pogue Airport (SSPA) 5-year Capital Improvement Projects (CIP) Plan update for submission to Federal Aviation Administration (FAA) and Oklahoma Aeronautics Commission (OAC). Vice Mayor Dixon called for the vote recorded as follows: Councilor Wilson aye; Councilor Riley, aye; Vice Mayor Dixon, aye; Councilor Burdge, aye; Councilor Nollan, aye; Councilor Jackson, aye. The motion carried 6-0-0. 7. Interlocal Agreement with the Town of Mannford for the Transfer of a 1990 E- One Stratosphere Quint Fire Ladder Truck Deputy Fire Chief Justin Hall requested Council’s approval of the Interlocal Agreement with the Town of Mannford for the transfer of a 1990 E-One Stratosphere Quint Fire Ladder Truck – VIN 46JBBBA85L1003305. Following discussion, a motion was made by Councilor Nollan and seconded by Councilor Wilson that the requested approval of the Interlocal Agreement with the Town of Mannford for the transfer of a 1990 E-One Stratosphere Quint Fire Ladder Truck – VIN 46JBBBA85L1003305, as presented, be approved. Vice Mayor Dixon called for the vote recorded as follows: Councilor Jackson aye; Councilor Nollan, aye; Councilor Burdge, aye; Vice Mayor Dixon, aye; Councilor Riley, aye; Councilor Wilson, aye. The motion carried 6-0-0.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 4 8. Resolution No. 20-11 – City Council Election 2020 City Clerk Janice Almy requested Council’s approval of Resolution No. 20-11, a resolution of Notice of Election for electing City Councilors from Ward 3 and Ward 4, City of Sand Springs, Oklahoma, closing those precincts without any registered voters, designating filing period, designating primary election date, and designating general election day for the City of Sand Springs, Oklahoma. A motion was made by Councilor Nollan and seconded by Councilor Wilson that the requested approval of Resolution No. 20-11, a resolution of Notice of Election for electing City Councilors from Ward 3 and Ward 4, City of Sand Springs, Oklahoma, closing those precincts without any registered voters, designating filing period, designating primary election date, and designating general election day for the City of Sand Springs, Oklahoma, as presented, be approved. Vice Mayor Dixon called for the vote recorded as follows: Councilor Wilson aye; Councilor Riley, aye; Vice Mayor Dixon, aye; Councilor Burdge, aye; Councilor Nollan, aye; Councilor Jackson, aye. The motion carried 6-0-0. 9. Calendar Year Schedule – City Council Meeting 2020 City Clerk Janice Almy requested Council’s approval of the times and dates of regular Sand Springs City Council meetings for the 2020 calendar year. A motion was made by Councilor Burdge and seconded by Councilor Nollan that the requested approval of the times and dates of regular Sand Springs City Council meetings for the 2020 calendar year, as presented, be approved. Vice Mayor Dixon called for the vote recorded as follows: Councilor Jackson aye; Councilor Nollan, aye; Councilor Burdge, aye; Vice Mayor Dixon, aye; Councilor Riley, aye; Councilor Wilson, aye. The motion carried 6-0-0. 10. Resolution No. 20-12 – Public Nuisance City Planner Brad Bates requested Council’s approval of Resolution No. 20-12, a resolution affirming dilapidation public nuisance administrative hearing findings and authorizing the bringing of any action necessary in district court.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 5 Following discussion, a motion was made by Councilor Wilson and seconded by Councilor Burdge that the requested approval of Resolution No. 20-12, a resolution affirming dilapidation public nuisance administrative hearing findings and authorizing the bringing of any action necessary in district court, as presented, be approved. Vice Mayor Dixon called for the vote recorded as follows: Councilor Wilson aye; Councilor Riley, aye; Vice Mayor Dixon, aye; Councilor Burdge, aye; Councilor Nollan, aye; Councilor Jackson, aye. The motion carried 6-0-0. 11. 18-Acre Site Development and Street Naming City Manager Elizabeth Gray requested Council’s approval of a development name for the City-owned 18-acre site commonly referred to as Sheffield Crossing and a street name for the Highway 97 entrance to the subject site. A brief discussion followed. 18-Acre Site Development A motion was made by Councilor Nollan and seconded by Councilor Jackson that the requested approval of a development name for the City-owned 18-acre site, commonly referred to as Sheffield Crossing, be named Sheffield Plaza. Vice Mayor Dixon called for the vote recorded as follows: Councilor Jackson aye; Councilor Nollan, aye; Councilor Burdge, aye; Vice Mayor Dixon, aye; Councilor Riley, aye; Councilor Wilson, nay. The motion carried 5-1-0. Highway 97 Entrance A motion was made by Councilor Wilson and seconded by Councilor Burdge that the requested approval of a street name for the Highway 97 entrance to the subject site be named Huskey Boulevard in honor of fallen Sand Springs police officer Jesse C. Huskey. Vice Mayor Dixon called for the vote recorded as follows: Councilor Wilson aye; Councilor Riley, aye; Vice Mayor Dixon, aye; Councilor Burdge, aye; Councilor Nollan, aye; Councilor Jackson, aye. The motion carried 6-0-0.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 6 12. Axon Amended Agreement for Additional Services A) Amended Agreement Police Chief Michael S. Carter requested Council’s approval of an amended agreement with Axon for police video services (equipment and digital storage of our Axon Body Camera system). Following discussion, a motion was made by Councilor Nollan and seconded by Councilor Burdge that the requested approval of an amended agreement with Axon for police video services (equipment and digital storage of our Axon Body Camera system), as presented, be approved. Vice Mayor Dixon called for the vote recorded as follows: Councilor Jackson aye; Councilor Nollan, aye; Councilor Burdge, aye; Vice Mayor Dixon, aye; Councilor Riley, aye; Councilor Wilson, aye. The motion carried 6-0-0. B) Supplemental Appropriation Police Chief Michael S. Carter requested Council’s approval of a supplemental appropriation within the Public Safety Capital Improvement Fund for an increase to the Transfers Out-General Fund line item in the amount of $5,850 and a decrease to the Ending Fund Balance line item in the amount of $5,850, and within the General Fund an increase to the Transfers In-Public Safety Capital Improvement Fund line item in the amount of $5,850 and an increase to the Police-Other Contracts and Service line item in the amount of $5,850 as it relates to the amendment agreement with Axon for police video services. A motion was made by Councilor Wilson and seconded by Councilor Nollan that the requested approval of a supplemental appropriation within the Public Safety Capital Improvement Fund for an increase to the Transfers Out-General Fund line item in the amount of $5,850 and a decrease to the Ending Fund Balance line item in the amount of $5,850, and within the General Fund an increase to the Transfers In- Public Safety Capital Improvement Fund line item in the amount of $5,850 and an increase to the Police-Other Contracts and Service line item in the amount of $5,850 as it relates to the amendment agreement with Axon for police video services, as presented, be approved.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 7 Vice Mayor Dixon called for the vote recorded as follows: Councilor Wilson aye; Councilor Riley, aye; Vice Mayor Dixon, aye; Councilor Burdge, aye; Councilor Nollan, aye; Councilor Jackson, aye. The motion carried 6-0-0. 13. Ordinance No. 1343 – Hotel/Motel Tax Collections City Attorney David Weatherford requested Council’s approval of Ordinance No. 1343, an ordinance relating to Title 3 – Revenue and Finance, of the Code of Ordinances of the City of Sand Springs, Oklahoma, amending Sections 3.12.010, 3.12.030, 3.12.050, 3.12.070, and 3.12.080, and providing for an effective date. Following discussion, a motion was made by Councilor Burdge and seconded by Councilor Wilson that the requested approval of Ordinance No. 1343, an ordinance relating to Title 3 – Revenue and Finance, of the Code of Ordinances of the City of Sand Springs, Oklahoma, amending Sections 3.12.010, 3.12.030, 3.12.050, 3.12.070, and 3.12.080, and providing for an effective date, as presented, be approved. Vice Mayor Dixon called for the vote recorded as follows: Councilor Jackson aye; Councilor Nollan, aye; Councilor Burdge, aye; Vice Mayor Dixon, aye; Councilor Riley, aye; Councilor Wilson, aye. The motion carried 6-0-0. 14. Financial Reports The regular monthly Financial Reports for all funds were provided to Council for their review and information. This item was for informational purposes only. 15. Correspondence (A-D) The following correspondence was provided to Council for their review and information. A) Regular monthly bills. B) A card, received September 23, 2019, from Councilor Nancy Riley, expressing appreciation of staff’s time spent with her during her Council Orientation session.  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 8 C) A card, received September 26, 2019, from Cowman Group, expressing appreciation for attending the City Managers’ Breakfast at the recent OML Conference. D) A card, received October 4, 2019, from Councilor Nancy Riley, expressing appreciation of staff’s time spent on the tour of the Skiatook Raw Water Conveyance System. 16. City Manager’s and Council Members’ Report The City Manager and Council Members provided updates regarding recent and upcoming events and projects, including events of interest and the general operations of the City. This item was for informational purposes only. A) Upcoming Events:  Census Bureau needs employees for the upcoming 2020 Census event.  Keystone Ancient Forest Hike Dates: 11/2, 11/9-Hike with your dog, 11/23, 11/30, 12/14  Chipper Days: 11/2, 12/7  Tulsa Botanic Garden: 10/31 Pete Tomshany  Sand Springs Cultural & Historical Museum:  Permanent historical exhibit  Art of Giving Holiday Tree Display event: November/December  Sand Springs Community Theatre productions:  A Bit of a Sketchy Christmas - December 7 @ 2:30 p.m. and 7:00 p.m. & December 8 @ 2:30 p.m.  Swingtime Canteen - February 20-22 @ 7:00 p.m. & February 23 @ 2:30 p.m.  Moon Over Buffalo - April 16-18 @ 7:00 p.m. & April 19 @ 2:30 p.m.  Festival of Lights Christmas parade: 12/6  HomeTown Holiday Christmas Celebration Festival: 12/7-8  The Canyons at Blackjack Ridge: restaurant is open 7 a.m-5 p.m. seven days a week  Sand Springs Senior Citizen Center: 1st & 3rd Saturday of each month – live country music @ 6:00 p.m.  Sand Springs BMX – check out the schedule at www.sandspringsbmx.com  CITY COUNCIL MINUTES OCTOBER 28, 2019 PAGE 9  Hallett Raceway: check out the Hallett Raceway schedule at www.hallettracing.net  Sand Springs Public Schools events: www.sandites.org/events City Manager and Council Members also reported on the following events/items:  Sand Springs Rotary Club is hosting the Harlem Wizards on October 29, 2019.  The Sand Springs Community Theatre recently presented 12 Angry Women; Vice Mayor Dixon was a member of the cast.  City offices will be closed on November 11, 2019, in honor of Veterans Day.  Sand Springs Cross Country regional was attended by over 2,000 spectators and participants.  TTCU Federal Credit Union hosted a groundbreaking in the RiverWest development.  Councilor Jackson requested Salvation Army bell ringing event be placed on the next City Council agenda. 17. Adjournment There being no other discussion, the meeting adjourned at the noted time of 7:57 p.m. ________________________________ Janice L. Almy, City Clerk C5B C5C  C5D 1-2 Agenda Item # _______ CITY OF SAND SPRINGS CITY COUNCIL MEMO MEETING DATE: November 18, 2019 SUBJECT: 2019 CDBG Urban County Program Contract – Approval of the 2019 Community Development Block Grant contract for Fiscal Year 2019 Tulsa County CDBG Urban County Funds in the amount of $96,303.00 to be used for the replacement of a deteriorated 4” cast iron water line with a new 8” PVC water line along the west side of North Lincoln Avenue between 4th Street and 6th Street STAFF Recommendation: A) Staff recommends APPROVAL of the 2019 Community Development Block Grant Contract for acceptance of the Fiscal Year 2019 Tulsa County CDBG Urban County Funds. B) Staff recommends a supplemental appropriation in the CDBG-EDIF Fund for an increase to the Intergovernmental Revenues in the amount of $96,303.00 and an increase to the CDBG Set Aside 2019 project (new project) in the amount of $96,303.00 BACKGROUND AND HISTORY: The City of Sand Springs is a part of the Tulsa County Community Development Block Grant Urban County Program. The City of Sand Springs is eligible for $96,303.00 from Fiscal Year 2019 Tulsa County Urban County Funds. The total amount of the proposed project is estimated to be $170,748. This money will be used for the oversight and replacement of a deteriorated 4” cast iron water line with a new 8” PVC water line along the west side of North Lincoln Avenue between 4th Street and 6th Street COMPILED BY: Brad Bates APPROVED BY: Janice Almy Attachments: FY 2019 CDBG Urban County Contract  Contract For Public Improvements For Community Development Block Grant Program This Contract for Community Development Block Grant (“CDBG”) funds is made and entered into this ____ day of November 2019 by and between Tulsa County (“COUNTY”), and the City of Sand Springs (“CITY”). This Contract shall be in effect the 1st day of July, 2019 and shall be in effect through the 30th day of June, 2020. If the funds are not exhausted at the end of the contract period, the Contract period may be extended by mutual agreement of both parties. WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93-383 et seq.), (the “Act”), provides that Community Development Block Grant, (“CDBG”), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate- income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, a Cooperation Agreement between the County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2017-2019; and, WHEREAS, the City desires to enter into a Contract with Tulsa County, as lead entity of the Tulsa County Community Development Block Grant Urban County Program (CFDA 14.218) pursuant to Title I of the Housing and Community Development Act of 1974, as amended; to receive an allocation of FY 2019 Tulsa County CDBG Urban County funds (B-19-UC-40-0001) for the purpose of public improvements; NOW THEREFORE, the parties do mutually agree as follows: I. Scope of Services The City shall be responsible for the oversight of and replacement of a deteriorated 4” cast iron water line with a new 8” PVC water line along the west side of North Lincoln Avenue between 4th Street and 6th Street to meet the objectives of the Community Development Block Grant Program in accordance with the terms and conditions as set forth herein. The City agrees to perform those duties, obligations, and representations contained in its application to Tulsa County and to be bound by the provisions of its application, all amendments 1  thereto and all correspondence relating thereto, which were submitted to and accepted by Tulsa County in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. . II. Budget The City shall be allocated $96,303.00 from Fiscal Year 2019 Tulsa County CDBG Urban County funds. a. No property or non-permanent fixtures shall be purchased with CDBG funds. III. Performance Measurement The project must be under construction with a Notice to Proceed issued no later than 180 days from the date of approval of this contract by the County. Failure to commence construction within the timeframe may result in withdrawal of CDBG funds by the County for noncompliance of timely expenditure of funds. IV. Method Of Payment a. Payment will be made to the City on either a reimbursement of paid invoices basis or submission of actual payable invoices. The City shall submit a "Request for Funds" form to the program administrator, INCOG for approval and payment by Tulsa County. b. City will maintain proper financial records for the project, which the County reserves the right to inspect on a periodic basis. c. In no event will the total compensation to be paid hereunder exceed the expressly agreed maximum sum of Ninety-six Thousand, Three Hundred & Three Dollars and No Cents ($96,303.00) for all services required. V. Reversion of Assets After reconciliation of the project books and submittal of remaining unpaid claims to the County, the City shall return any unused CDBG funds within 30 days of the date this agreement terminates or expires. GENERAL TERMS AND CONDITIONS Subcontract Notification Provision None of the work and services covered by this contract may be subcontracted without written consent of the County. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each 2 provision of this agreement. In no event will the City incur any obligation on the part of the County. Modification This contract is subject to such modification as may be required by federal or state law or regulations. The work and services to be performed and the total contract amount may be modified only upon written agreement of both parties. Disputes, Interpretation, Remedies a. In the event the parties fail to agree on interpretations of this contract, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendations forwarded to HUD, who shall make the final determination. b. Neither forbearance nor payment by the County shall be construed to constitute waiver of any remedies for any default or breach by the City that exists then or occurs later. Severability Clause If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Hold Harmless Clause City shall, within limitations placed on such entities by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property which injury or damage is legally determined to be caused by any act or omission of City committed within the performance of its duties under this contract. City shall, within limitations placed on such entity by any law, hold harmless the United States government, its agents, officers, and employees and the County, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Laws, to the extent such claims arise out of acts committed in furtherance of this contract. In any agreement with any sub-recipient or any agent for City, City will specify that such sub-recipient or agents shall hold harmless the United States government, its agents, officers, and employees, and the County its agents, officers and employees for all the herein before described expenses, claims, actions, or amounts recovered, which is legally determined to be caused by this sub-recipient or agent in the performance of their duties relating to this contract. 3 Personnel a. The City represents that it will secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the County. b. The City has full responsibility for payment of worker's compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. c. All of the services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Termination of Contract for Cause If, through any cause, the City shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the City shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract by giving written notice to the City of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In such event, the City shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Not withstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City. Termination of Contract for Convenience Either the City or the County may terminate this contract at any time by giving at least 15 days notice in writing to the other party. If the contract is terminated as provided herein, the City will be paid for the services provided and all allowable expenses incurred up to the termination date. Conflict of Interest No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any function or responsibility in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and the City shall take appropriate steps to assure compliance. Interest of City and Employees The City covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of these services hereunder. The City further covenants that in the performance of this agreement no person having any such interest shall be employed. Reports and Information 4 The City, at such times and in such forms as the County may require, shall furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, costs and obligations incurred or to be incurred in connection there with and any other matters covered by this contract. City shall furnish the County narrative reports and financial reports related to the elements of this contract in the forms and at such times as may be required by the County or federal grantor agencies. Compliance with Local Laws The City shall comply with all applicable laws, ordinances and codes of the state and local governments. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the City. Records and Audits City shall retain all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least five (5) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. City shall, as often as deemed necessary by the County, permit authorized representatives of the County and its Auditors, the U.S. Department of Housing and Urban Development, the federal or state Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. The City shall comply with 2 CFR24 Part 200 requirements, where applicable. The OMB circulars are hereby made a part of this contract. The City shall provide a copy of its annual audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City’s receipt of the auditor’s report or nine months after the end of the audit period. Federal Funds in Excess of $750,000 If the City expends $750,000 or more in a year in Federal awards from all sources, the City shall comply with OMB circular A-133 requirements and have a Single Audit conducted. This OMB circular is hereby made a part of this contract. The City shall provide a copy of its A-133 audit to the County for the periods of these CDBG funds within the earlier of 30 days after the City’s receipt of the auditor’s report or nine months after the end of the audit period. Anti-Kickback Regulations 5 The City shall comply with all applicable anti-kickback regulations covered under the Department of Labor Regulation 29 CFR, Part III. Equal Employment Opportunity The City shall comply with the following equal opportunity requirements as part of CDBG assurances: a. Civil Rights Act of 1964, Title VI City shall comply with Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall on the grounds of race, religion, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. b. Housing and Community Development Act of 1974, Section 109 City shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. c. Housing and Urban Development Act of 1968, Section 3 City shall comply with Section 3, which provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower-income residents of the unit of local government or metropolitan area (or non-metropolitan county) in which the project is located and that contracts be awarded to small businesses located within or owned in substantial part by residents of the same metropolitan area (or non-metropolitan county) as the project. d. Affirmative Action City shall take affirmative actions steps to contract with small and minority owned firms and women business enterprises in a part of the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub- part J. Affirmative Actions steps include, but are not limited to, the following: 1. Including qualified small, minority and women business enterprises on solicitation lists. 2. Assuring that small, minority and women business enterprises are solicited whenever they are potential sources. 6  3. When economically feasible, dividing total requirements into smaller tasks or quantities to permit maximum small, minority and women business enterprises participation. 4. Where the requirement permits, establishing delivery schedules which will encourage participation by small, minority and women business enterprises. 5. Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce and the local minority business development center that assists with management and technical aspects and maintains a directory of minority contractors, suppliers and vendors. Labor Standards a. The City shall comply with the requirements of Davis-Bacon Act (40 USC Section 276a-276a-5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The City further certifies that it shall include in its bidders’ packages the U.S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required. b. Copeland (Anti-Kickback) Act (18 USC Section 874, 40 USC Section 176c), which applies to all contracts covered by Davis- Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; c. Contract Work Hours and Safety Standards Act (40 USC Section 327, et seq.) which requires overtime compensation. Regulations are at 29 CFR, Part 5. Acquisition and Relocation Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as amended (P.L. 91-646, P.L. 100-17) Section 305 of Title III and Section 210 of Title II require State and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24. Age Discrimination Act of 1975 City shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. 7 Americans With Disabilities Act of 1990 City shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. Rehabilitation Act of 1973, Section 504 City shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. IN WITNESS WHEREOF, the City and County have executed this contract as of the date first written above. City of Sand Springs, Oklahoma By , Mayor ATTEST: City Clerk Approved: _________________________________ City Attorney Tulsa County Board of Commissioners By Chair ATTEST: County Clerk Approved: _________________________________ District Attorney 8 C5E  C5F Agenda Item # _______ CITY OF SAND SPRINGS COUNCIL STAFF REPORT MEETING DATE: November 18, 2019 SUBJECT: SUP‐51 –SPECIFIC USE PERMIT FOR MEDICAL MARIJUANA DISPENSARY STAFF RECOMMENDATION: (1) Affirm Findings of Fact and Conclusions of Law for SUP‐51 BACKGROUND AND HISTORY: SUP‐51, a Specific Use Permit to allow a Medical Marijuana Dispensary, on property zoned CG (Commercial General), generally located on a parcel of land 1.19 acres in size, located at Prt Lt 1 Beg SWC Lt 1 TH N202.86 S201.83 W18 POB & All Lt 2, Blk 1, Cimarron Plaza Addition in Section 11, Township 19 North, Range 11 East and commonly known as 430 W. Wekiwa, Ste. H. The applicant, Adeel Nasir, on behalf of Herbal Cure, Inc., requests approval of a Specific Use Permit, pursuant to Chapter 25 of the Sand Springs Zoning Code, to allow a Medical Marijuana Dispensary (Use Unit 13). The Specific Use Permit process that is called out by City Ordinance dictates that Medical Marijuana Facilities must go through the SUP process in order to receive approval. The SUP process was established in order to regulate the placement of somewhat objectionable uses from being located in areas that might be considered inappropriate if strictly allowed by straight zoning. It also affords the public the right to attend and weigh in on specific uses that are proposed to ensure that all scenarios, opinions, and concerns are heard. Regardless of the site location, this process would be needed to place a Medical Marijuana Facility anywhere within the city limits of Sand Springs. The proposed site of the Medical Marijuana Processing facility would be on a tract of land that is 1.19 acres in size, located in a predominately commercial area, zoned CG. Oklahoma Medical Marijuana Authority (OMMA) defines a dispensary as: “Dispensary or Commercial Dispensary” means an individual or entity that has been issued a medical marijuana commercial license by the Department which allows the dispensary to purchase medical marijuana or medical marijuana products from a licensed processor, grower or dispensary; to sell medical marijuana and medical marijuana  products to a licensed patient, to the licensed patient’s parent(s) or legal guardian(s) if licensed patient is a minor, and a licensed caregiver; and to sell, transfer, and transport or contract with a commercial transporter to transport medical marijuana or medical marijuana products to another licensed dispensary. The proposed facility would have to comply with all the approved rules (Approved August 1, 2018 and updated September 14, 2019) governed by OMMA. These rules cover a variety of topics some of which include:  Disposal of Medical Marijuana Waste  Standards for Handling & Processing  General Security Requirements  Construction of Premises  Record Keeping  Inventorying  Transportation  Inspections  Packaging and Labeling  etc. Marijuana dispensed at this facility will be located within a building completely indoors with a security system, remote activated security cameras, panic alarms and a secure entry checkpoint. At the regularly scheduled Planning Commission meeting on September 16, 2019, the notification requirements for SUP‐51 were set and the item was scheduled to be heard in a public hearing on October 21, 2019. On October 21, 2019, the Planning Commission voted to recommend approval of the SUP and the Findings of Fact and Conclusions of Law to the City Council (See Planning Commission minutes). Pursuant to Ordinance 1239, approved and passed July 8, 2013, absent an appeal timely filed, the recommendation of the Planning Commission shall be included on a Council consent agenda for consideration, and may be removed from the consent agenda by Council pursuant to Council rules, whereupon the Council may either accept the Findings of Fact and Conclusions of Law of the Planning Commission, reverse the recommendation of the Planning Commission, modify the decision of the Planning Commission, or remand the matter for further consideration by the Planning Commission. BUDGETARY IMPACT: None. COMPILED BY: Brad Bates – City Planner ATTACHMENTS: 1) Application for SUP and Exhibits 2) Findings of Fact and Conclusions of Law‐October 21, 2019 3) Planning Commission Minutes of October 21, 2019  RM-2 CS N WILSON AVE N GRANT AVE W 4 ST N RD N WALNUT AVE N ROOSE VELT AVE N INDUSTRIAL AVE RM-2 N CLEVELAND AVE N FRANKLIN AVE CS W BROADWAY ST RM-2 RS-3 RM-2 OM CS CG OM W 2nd ST RS CG CS CH KA TY 51 W 1 ST N W 1 ST N ST ! ( RS WW ST EK I KEYSTONE EXP WA RT CS RD SH O W LO N G ST AG IL CG AG 97 ! ( BO O VD BL BROAD ST K ER T WASHINGTON AVE CG CG ER ND ON A XA VE W AL E CS CG CG W OAK ST IH Subject Tract S WILS IL AG W MORROW RD IH AG CG IH IM 97 ! ( LEGEND Sand Springs Corporate Limits IH 300' Radius Subject Tract SUP-51 0 100 200 Feet 400 11 19-11 ­  51 ! ( KEYSTONE EXP WW E KIW A RD Subject Tract SUP-51 ­ Note: Graphic overlays may not precisely align with physical Subject 0 25 50 100 features on the ground. Tract 11 19-11 Aerial Photo Date: February 2018 Feet  W 4 ST N N GRANT AVE N WILSON AVE N ROOSE VELT AVE N INDUSTRIAL AVE N WALNUT AVE N CLEVELAND AVE N FRANKLIN AVE W BROADWAY ST W 2nd ST KA TY 51 W 1 ST N W 1 ST N ST ! ( WW ST EK I KEYSTONE EXP WA RT SH RD OW LO N G ST 97 ! ( BO O VD BL BROAD ST K ER T WASHINGTON AVE ER ND ON A XA VE W AL E W OAK ST Subject Tract S WILS W MORROW RD 97 ! ( SUP-51 ­ Note: Graphic overlays may not precisely align with physical Subject 0 100 200 400 features on the ground. Tract 11 19-11 Aerial Photo Date: February 2018 Feet  Agenda Item # _______ C5G CITY OF SAND SPRINGS COUNCIL STAFF REPORT MEETING DATE: November 18, 2019 SUBJECT: SUP‐52 –SPECIFIC USE PERMIT FOR A SYNAGOGUE STAFF RECOMMENDATION: (1) Affirm Findings of Fact and Conclusions of Law for SUP‐52 BACKGROUND AND HISTORY: SUP‐52, a Specific Use Permit to allow a synagogue, on property zoned CG (Commercial General), generally located on a parcel of land 5.65 acres in size, located at Lt 1 Less Beg NWC TH NE100 SE300 SW100 NW300 POB Blk 1, Harris Center, in Section 12, Township 19 North, Range 11 East and commonly known as 1124 E. Charles Page Blvd., #500. The applicant, Diane Bauer, on behalf of Sar Shalom Synagogue, requests approval of a Specific Use Permit, pursuant to Chapter 25 of the Sand Springs Zoning Code, to allow a synagogue (Use Unit 5) in a CG district. The Specific Use Permit process that is called out by City Ordinance dictates that that many of the Community Services, Cultural and Recreational Facilities listed in the Zoning Code must go through the SUP process in order to receive approval. The Zoning Code does not specifically define a Community Service, Cultural or Recreational Facility but uses listed in the Zoning Code under Use Unit 5 requiring a SUP include such establishments as churches and places of worship. The SUP process was established in order to regulate the placement of somewhat objectionable uses from being located in areas that might be considered inappropriate if strictly allowed by straight zoning. It also affords the public the right to attend and weigh in on specific uses that are proposed to ensure that all scenarios, opinions, and concerns are heard. Regardless of the site location, this process would be needed to place a synagogue anywhere within the city limits of Sand Springs. The proposed site of the synagogue would be on a tract of land that is 5.65 acres in size, located in a predominately commercial area, zoned CG. At the regularly scheduled Planning Commission meeting on September 16, 2019, the notification requirements for SUP‐52 were set and the item was scheduled to be heard in a public hearing on October 21, 2019. On October 21, 2019, the Planning Commission voted to recommend approval of the SUP and the Findings of Fact and Conclusions of Law to the City Council (See Planning Commission minutes). Pursuant to Ordinance 1239, approved and passed July 8, 2013, absent an appeal timely filed, the recommendation of the Planning Commission shall be included on a Council consent agenda for consideration, and may be removed from the consent agenda by Council pursuant to Council rules, whereupon the Council may either accept the Findings of Fact and Conclusions of Law of the Planning Commission, reverse the recommendation of the Planning Commission, modify the decision of the Planning Commission, or remand the matter for further consideration by the Planning Commission. BUDGETARY IMPACT: None. COMPILED BY: Brad Bates – City Planner ATTACHMENTS: 1) Application for SUP and Exhibits 2) Findings of Fact and Conclusions of Law‐October 21, 2019 3) Planning Commission Minutes of October 21, 2019  C5H Agenda Item # _______ CITY OF SAND SPRINGS COUNCIL STAFF REPORT MEETING DATE: November 18, 2019 SUBJECT: SUP‐53 –SPECIFIC USE PERMIT FOR MEDICAL MARIJUANA GROWING FACILITY STAFF RECOMMENDATION: (1) Affirm Findings of Fact and Conclusions of Law for SUP‐53 BACKGROUND AND HISTORY: SUP‐53, a Specific Use Permit to allow a Medical Marijuana Growing Facility, on property zoned IM (Industrial Moderate), generally located on a parcel of land 3.927 acres in size, located at PRT N/2 NE BEG 1145.80E & 55S NWC NE TH E200 S262.50 E195.20 S300 W395.20 N562.50 POB SEC 14 19 11 3.927 ACS., in Section 14, Township 19 North, Range 11 East and commonly known as 411 S. Lincoln, Ste. K. The applicant, Jason Cox, on behalf of XGrows, LLC, requests approval of a Specific Use Permit, pursuant to Chapter 25 of the Sand Springs Zoning Code, to allow a Medical Marijuana Growing Facility (Use Unit 2). The Specific Use Permit process that is called out by City Ordinance dictates that Medical Marijuana Facilities must go through the SUP process in order to receive approval. The SUP process was established in order to regulate the placement of somewhat objectionable uses from being located in areas that might be considered inappropriate if strictly allowed by straight zoning. It also affords the public the right to attend and weigh in on specific uses that are proposed to ensure that all scenarios, opinions, and concerns are heard. Regardless of the site location, this process would be needed to place a Medical Marijuana Facility anywhere within the city limits of Sand Springs. The proposed site of the Medical Marijuana Growing facility would be on a tract of land that is 3.927 acres in size, located in a predominately industrial area, zoned IM. Oklahoma Medical Marijuana Authority (OMMA) defines a grower as: "Grower" or "Commercial Grower" means an individual or entity that has been issued a medical marijuana commercial license by the Department, which allows the grower to grow, harvest, dry, cure, package, sell, transfer, and transport or contract with a  commercial transporter for the transport of medical marijuana in accordance with Oklahoma law and this Chapter to a dispensary, processor, grower or testing laboratory. The proposed facility would have to comply with all the approved rules (Approved August 1, 2018 and updated September 14, 2019) governed by OMMA. These rules cover a variety of topics some of which include:  Disposal of Medical Marijuana Waste  Standards for Handling & Processing  General Security Requirements  Construction of Premises  Record Keeping  Inventorying  Transportation  Inspections  Packaging and Labeling  etc. Marijuana grown at this facility will be located within a building completely indoors with carbon‐ filter HVAC, a security system and LED lighting. No signage is being proposed for the building. At the regularly scheduled Planning Commission meeting on October 21, 2019, the notification requirements for SUP‐53 were set and the item was scheduled to be heard in a public hearing on November 4, 2019. On November 4, 2019, the Planning Commission voted to recommend approval of the SUP and the Findings of Fact and Conclusions of Law to the City Council (See Planning Commission minutes). Pursuant to Ordinance 1239, approved and passed July 8, 2013, absent an appeal timely filed, the recommendation of the Planning Commission shall be included on a Council consent agenda for consideration, and may be removed from the consent agenda by Council pursuant to Council rules, whereupon the Council may either accept the Findings of Fact and Conclusions of Law of the Planning Commission, reverse the recommendation of the Planning Commission, modify the decision of the Planning Commission, or remand the matter for further consideration by the Planning Commission. BUDGETARY IMPACT: None. COMPILED BY: Brad Bates – City Planner ATTACHMENTS: 1) Application for SUP and Exhibits 2) Findings of Fact and Conclusions of Law‐November 4, 2019 3) “Draft” Planning Commission Minutes of November 4, 2019  Agenda Item #________ C7 CITY OF SAND SPRINGS COUNCIL/AUTHORITY STAFF REPORT MEETING DATE: November 18, 2019 SUBJECT: LOST CITY (L20) LIFT STATION REHABILITATION FINAL ACCEPTANCE OF BID STAFF RECOMMENDATION: 1) Approve final Change Order to the Agreement with Garrow Construction, Inc. for an increase in the contract amount of $11,100.34 and the addition of eighteen (18) calendar days to the contract time. 2) Accept the Lost City (L20) Lift Station Rehabilitation project constructed by Garrow Construction BACKGROUND AND HISTORY: Staff prepared plans and specifications for the rehabilitation of the Lost City sanitary sewer lift station which was damaged by the recent flood. The project was awarded to Garrow Construction by emergency declaration in the amount of $71,569.62. Garrow Construction, Inc. has successfully completed the project. The attached final change order increases the original contract amount by $11,100.34 and increases the contract time by eighteen (18) calendar days. This item was reviewed at the November 12, 2019 Public Works Advisory Committee meeting. BUDGETARY IMPACT: Construction cost of $82,669.96 COMPILED BY: Jesse Vaverka PRESENTED BY: Jesse Vaverka ATTACHMENTS: Final Change Order, Inspection Memo, Letter of Acceptance November 18, 2019 Mr. Bill Garrow Garrow Construction P.O. Box 1112 Sapulpa, Oklahoma 74067 Re: Acceptance of Project Lost City (L20) Lift Station Rehabilitation COSS Project No. S-1902 Dear Mr. Garrow: This letter will serve as notice that on November 18, 2019, the Sand Springs City Council voted to accept the Lost City (L20) Lift Station Rehabilitation project, which has been constructed according to the approved plans and specifications. With this acceptance, the City of Sand Springs will assume maintenance of these improvements upon expiration of the one-year maintenance bond. If additional information is required, please call Sand Springs City Hall at (918) 246- 2500. ______________________________ James O. Spoon, Mayor ATTEST: ___________________________ Janice Almy, City Clerk  Agenda Item #________ C8 CITY OF SAND SPRINGS COUNCIL STAFF REPORT MEETING DATE: November 18, 2019 SUBJECT: RiverWest Community Memorial Plaza Resolution No. 20-10 STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 20-10 BACKGROUND AND HISTORY: Staff discussions regarding reserve land use and function within the RiverWest Development arose when plans for developing a Memorial became more real. As designs for this Memorial developed, staff recognized the investment to the community and its value to the citizens of Sand Springs. Because of this valued investment, staff recommended to the Park Advisory Board to accept the land as park land. The Park Advisory Board reviewed park naming recommendations of Zackery Park, Booker T. Washington Park, and Marques Haynes Park during their April and June 2018 meetings. The Park Advisory Board recommended naming of the property Zackery Park at their regularly scheduled June 2018 meeting. The history of “Zackery” comes from the Zackery family who lived within the RiverWest Development area, and the name Bessie Zackery, a teacher that reached thousands of third graders and members of the community as she was the source of inspiration for so many. BUDGETARY IMPACT: RiverWest Capital Improvement Fund, estimate is within budget COMPILED BY: Jeff Edwards PRESENTED BY: Jeff Edwards ATTACHMENTS: Resolution No. 20-10, Staff Memo, History of Bessie Zackery, Project Budget, Site Plan  CITY OF SAND SPRINGS SAND SPRINGS, OKLAHOMA RESOLUTION No. 20-10 A RESOLUTION APPROVING ACCEPTING THE RIVERWEST MEMORIAL PLAZA LOCATION AS PUBLIC PARK LAND, ACCEPTING THE IMPROVEMENTS IDENTIFIED IN THE SITE PLAN, AND NAMING OF THE PROPERTY ZACKERY PARK WHEREAS, the City of Sand Springs pledged a memorial plaza within the RiverWest shopping center to the community; WHEREAS, this project was bid in 2018 by one bidder and bid in excess of the budgeted amount for the project; WHEREAS, City staff met shortly after the bid to determine best practices in proceeding, and determined construction of the project by in-house methods from City staff was in the best interest of the citizens of the City of Sand Springs; WHEREAS, City staff determined improvements made to this property within RiverWest would best serve the citizens of the City of Sand Springs as a public park; WHEREAS, City staff presented this information to the Park Advisory Board and to the Sand Springs Development Authority, and received approval to proceed; THEREFORE, BE IT RESOLVED by the City Council of the City of Sand Springs as follows: 1. The land identified within the RiverWest reserve at the southwest intersection of Alexander Blvd. and Booker T. Washington Ave. is dedicated as park land, and staff is authorized to take those steps necessary to ensure continued city maintenance of the reserve areas within RiverWest; 2. The reserve area at the corner of Alexander Blvd. and Booker T. Washington Ave. is named and shall be known as Zackery Park; 3. The Zachary Park improvements to the property, as outlined, are approved; 4. City staff is authorized to construct, and hire sub-contractors to construct the improvements that will result in the final delivered product identified as Zackery Park.  This Resolution is approved in open meeting of the City of Sand Springs, Oklahoma, on the 18th day of November, 2019. CITY OF SAND SPRINGS, OKLAHOMA _________________________________ James O. Spoon, Mayor ATTEST: _____________________________ Janice L. Almy, City Clerk Approved as to Form: ______________________________ David L. Weatherford, City Attorney C9A C9B