City Council

Agenda Item #______ CITY OF SAND SPRINGS COUNCIL/AUTHORITY STAFF REPORT MEETING DATE: November 23, 2020 SUBJECT: SUPPLEMENTAL APPROPRIATION- PROPERTY PURCHASE STAFF RECOMMENDATION: That Council consider approval of supplemental appropriations in the GO Bond 2018- Economic Development Fund for an increase to the Transfers In- Capital Improvement Fund revenue line item in the amount of $100,000 and an increase to the Property Purchase expenditure line item in the amount of $100,000; and in the Capital Improvement Fund for an increase to the Transfers Out- GO Bond 2018- Economic Development Fund expenditure line item in the amount of $100,000 and a decrease to the River West Ending Fund Balance Reserves line item in the amount of $100,000. BACKGROUND AND HISTORY: The purchase price for the Sheffield Crossing I property increased based on survey results and therefore the current budget is short. This supplemental appropriation is required to allow for the purchase to move forward. Funds will be transferred from River West proceeds. BUGETARY IMPACT: GO Bond 2018- Econ Dec Fund: Increase: Revenue- Transfers In: Cap Impr Fund $100,000 Expense- Property Purchase $100,000 Capital Improvement Fund: Increase: Expense- Transfers Out: GO Bond 2018 ED Fund $100,000 Decrease: River West Ending Fund Balance Reserves $100,000 COMPILED BY: Kelly Lamberson PRESENTED BY: Kelly Lamberson ATTACHMENT(S):  Consent Agenda item #______ CITY OF SAND SPRINGS COUNCIL/AUTHORITY STAFF REPORT MEETING DATE: November 23, 2020 SUBJECT: 109 EAST SADDLE ROCK ROAD CMP STORM SEWER REPLACEMENT COSS PROJECT NO. F-2102 TRANSFER OF FUNDS STAFF RECOMMENDATION: 1) Council will consider approval of the following transfer of appropriation in the Storm Water Capital Improvement Fund: Increase: Expenditure – Drainage Improvements $20,000 Decrease: Expenditure – Ending Fund Balance $20,000 BACKGROUND AND HISTORY: Approximately 193 feet of 21” corrugated metal pipe needs to be removed/replaced at 109 East Saddle Rock Road. The replacement pipe will be 18” HDPE storm water pipe. EXECUTIVE SUMMARY: Staff solicited quoted from three (3) contractors and received quotes from two (2). Garrow Construction submitted the lowest quote of $15,901. However, a budget transfer within the Storm Water Capital Improvement Fund is required to proceed with this project. BUGETARY IMPACT: Construction cost of $$15,901 COMPILED BY: Jesse Vaverka APPROVED BY: Attachments: None  ORDINANCE NO. 1359 CITY OF SAND SPRINGS SAND SPRINGS, OKLAHOMA AN ORDINANCE AMENDING CHAPTER 9, PUBLIC PEACE, MORALS AND WELFARE, OF THE CODE OF ORDINANCES OF THE CITY OF SAND SPRINGS, BY ADDING SECTION 9.12.180 TO THE CODE OF ORDINANCES OF THE CITY ENTITLED “COVID-19 PANDEMIC EMERGENCY RESPONSE MEASURES,” PROVIDING DEFINITIONS, MANDATING FACE COVERINGS AND EXCEPTIONS, PROVIDING AN EXPIRATION DATE, PROVIDING FOR PENALTIES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Sand Springs is charged with the solemn responsibility of protecting the public peace, health, order, morals, and safety, and promoting the general welfare of the City of Sand Springs and its inhabitants; WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared the coronavirus COVID-19 disease to be a pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency; due to the COVID-19 Virus pandemic; and WHEREAS, on March 15, 2020, the Governor of the State of Oklahoma issued Executive Order 2020-07 declaring an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health and safety; and WHEREAS, it is the duty of the City of Sand Springs to protect the health and safety of the City and its inhabitants, to preserve the peace, and to provide civil defense and emergency functions; and WHEREAS, it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers and facilities to handle and care for the influx of new patients in order to safeguard public health and safety; and WHEREAS, Oklahoma Statutes Title 11, Section 22-120, provides that municipal governing bodies may enact and enforce ordinances, rules and regulations to prevent the spread of contagious disease in the community; and WHEREAS, according to a study in the October 30, 2020, Oklahoma weekly epidemiology report, COVID-19 cases in areas without mask mandates grew by 88% whereas in areas covered by mask mandates rose only 21% during the same period; and WHEREAS, according to an October 27, 2020, COVID-19 hospitalization report from the Federal Department of Health and Human Services, the Tulsa metropolitan area's estimated ventilator utilization was the highest in the nation, and the area ranked among the top ten for estimated staffed intensive care unit bed utilization and ventilator utilization; and WHEREAS, as of the 3rd day of November, 2020, there were 2,442 active cases (23,153 total cases diagnosed) of COVID-19 in Tulsa County with a rolling seven-day average of 189.1 new cases per day, and 80 active cases (1,009 total cases diagnosed) of COVID- 19 in the City of Sand Springs; and WHEREAS, as of the 3rd day of November, 2020, there were 219 COVID-19 positive patients in Tulsa-area hospitals, 83 of those persons in the Intensive Care Unit (ICU). At the previous peak in July, there were 185 COVID-19 cases in the hospital; and WHEREAS, as of the 10th day of November, 2020, the State of Oklahoma is not meeting the White House Opening Up America Again Gating Criteria for downward trajectory of cases or the downward trajectory of positive tests as a percentage of total tests, nor is Tulsa County meeting the 14-day trend of such downward trajectory, and WHEREAS, as of the 16th day of November, 2020 the Governor of the State of Oklahoma issued new action items under the Seventh Amended Executive Order 2020-20 to include the following: Starting Thursday, November 19, 2020, all restaurants will be required to space tables at least six feet apart, unless tables, booths and bar areas are separated by sanitized dividers; and starting Thursday, November 19, 2020, all bars and restaurants will be required to close by 11 p.m. No in-person service of food or alcohol will be allowed after 11 p.m. except for restaurant drive-thru windows or curbside pickup; and starting Tuesday, November 17, 2020, all 33,000 state employees under the executive branch will be required to wear a mask in common areas or when they’re around other people. All visitors to state agency buildings will also be required to wear a mask. (The Oklahoma House of Representatives and the Oklahoma Senate also announced today masks will be required for employees and visitors at the State Capitol.) WHEREAS, the Mayor of the City of Sand Springs issued emergency proclamations and the City Council of the City of Sand Springs issued multiple ordinances in response to COVID-19 using the least restrictive means available to protect public health, safety and welfare in the City of Sand Springs and ensure an effective response to this disaster; and WHEREAS, as the City of Sand Springs reopened in the midst of COVID-19, increased spread is to be expected, and the key to controlling the spread and keeping the City of Sand Springs safe is for all people to consistently follow good hygiene and social- distancing practices; and WHEREAS, the United States Centers for Disease Control and Prevention (CDC) recommends that people wear cloth face coverings in public settings, particularly when other social distancing measures are difficult to maintain, and when around people who do not live in the same household; and WHEREAS, the City of Sand Springs has consistently encouraged people to use face coverings, and health authorities have repeatedly emphasized that wearing face coverings is one of the most important and effective tools for reducing the spread of COVID-19; and WHEREAS, given the current status of COVID-19 in the City of Sand Springs and Tulsa County, requiring the use of face coverings is a targeted response that can combat the threat to public health using the least restrictive means, and if people follow this requirement, more extreme measures may be avoided; and WHEREAS, wearing a face covering is important not only to protect oneself, but also to avoid unknowingly harming fellow citizens and others with whom they may come into contact, especially given that many people who go into the public may have COVID-19 without knowing it because they have no symptoms; and WHEREAS, due to recent substantial increases in COVID-19 positive cases, and increases in the COVID-19 positivity rate and hospitalizations resulting from COVID-19, further measures are needed to achieve the least restrictive means for reducing the growing spread of COVID-19, and to avoid a need for more extreme measures; and WHEREAS, it is deemed necessary for the protection of the public health and safety of the City of Sand Springs and its inhabitants to prevent the introduction and spread of the contagious disease COVID-19, to preserve the peace, and to provide civil defense and emergency functions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAND SPRINGS, THAT SECTION 9.12.180 IS HEREBY ADDED TO THE CODE OF ORDINANCES OF THE CITY OF SAND SPRINGS AND SHALL PROVIDE AS FOLLOWS: 9.12.180 COVID-19 PANDEMIC EMERGENCY RESPONSE MEASURES A. Definitions. "Face Covering" means a covering that fully covers a person's nose and mouth. The term "Face Covering" includes, but is not limited to, cloth face masks, towels, scarves, face shields, and bandanas as recommended by the CDC or OSDH, an N95, KN95, or other mask that would be appropriate for a health care setting, or a surgical mask. The Face Covering should fit snuggly on a person's face but allow the person to breathe easily and be worn consistently with the guidance provided by the CDC or OSDH. “Social” or "Physical Distancing" means maintaining six feet of distance between persons who are not part of the same household while in a public accommodation, educational building, or public setting. "Place of Public Accommodation" means all places offering items, goods or services for purchase or rent, including without limitation retail businesses, personal services and spas, entertainment venues, food service facilities, restaurants and bars, hotels, motels and travel-related services, professional offices and services, banks and financial services, repair facilities, and/or motor vehicle dealerships. “Public Service Area” means areas of a Place of Public Accommodation or an Educational Institution wherein employees interact with the public in the normal course of business. “Public Setting” means any public place where persons congregate which is not a place of Public Accommodation including without limitation offices, workplaces, houses of worship and ancillary facilities, child care facilities, hospitals and health facilities, gymnasiums and physical fitness facilities, adult and youth sports facilities, communal outdoor spaces such as sidewalks, trails, parks, food trucks and other outdoor retail entities. “Educational Institution” means any building or facility used for academic or athletic purposes on public school campuses, and any private school or preschool. This term excludes the playing surface of any athletic facility during organized activities and practices. B. Face Coverings Mandated Under Certain Circumstances. Except as otherwise provided herein, persons located within all City of Sand Springs public buildings, Public Service Areas of Places of Public Accommodation or an Educational Institution are required to wear face coverings at all times when present therein. Except as otherwise provided herein, persons in any Public Setting wherein social or physical distancing cannot be maintained are required to wear face coverings. The following persons, locations and activities are exempt from this requirement: 1. Persons who fall into the U.S. Centers for Disease Control and Prevention's guidance for those who should not wear Face Coverings due to a medical or mental health condition or developmental disability; 2. Children under 10 years of age; 3. Restaurant patrons while they are eating or drinking; 4. Persons exercising in communal outdoor spaces, or persons walking or exercising with other persons from the same household in communal outdoor spaces, as long as Physical Distancing is maintained. Persons congregating in communal outdoor spaces with other persons not in their same household are required to wear Face Coverings when Physical Distancing is not maintained; 5. Settings where it is not practical or feasible to wear a Face Covering, such as dental services, medical treatments or while swimming; 6. Occupants in a personal vehicle, personal office, or similarly private space while other persons outside of the person's household are not present; 7. Anyone exercising in a gym or other similar indoor facility, as long as they remain 6 feet of distance from others. If a person is not actively engaged in exercise, a face covering is required. 8. Religious facilities may establish their own policies regarding mask use. 9. Private homes, and 10. Offices and workplaces that are not Public Service Areas where Physical Distancing between employees and other occupants can be consistently maintained during hours of operation. C. Penalty and Enforcement. Any violation of this ordinance shall be a Class A violation of the ordinances of the City and subject to the penalties set forth by ordinance for Class A violations. Enforcement shall be made upon complaint from any property owner or from a law enforcement officer. D. Expiration of Ordinance. This Ordinance shall expire upon the expiration of all emergency proclamations and declarations related to COVID-19; or repeal, modification or extension by the City Council through a subsequent ordinance. E. Severability Clause. If any section, sentence, clause, or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof. F. Repeal of Conflicting Ordinance. That all ordinances or parts of ordinances in conflict herewith be and the same are now expressly repealed. G. Codification. Pursuant to 11 O.S. §14-108, the City Clerk is authorized to include this ordinance in the official Code of Ordinances for the City of Sand Springs; it being the intent to authorize recodification with the inclusion of this ordinance upon approval. H. Emergency Clause. By reason of the timely need for adoption to protect the public’s health, safety and welfare, an emergency is hereby declared to exist for which the ordinance shall become effective upon publication as provided by law PASSED and APPROVED, by an emergency clause by separate vote of the City Council of Sand Springs, Oklahoma, held the 23rd day of November, 2020. CITY OF SAND SPRINGS, OKLAHOMA _________________________________ James O. Spoon, Mayor ATTEST: ____________________________________ Kristin S. Johnston, Deputy City Clerk APPROVED AS TO FORM: ____________________________________ David L. Weatherford, City Attorney