City Council

Yukon City Council Minutes December 15, 2020 The Yukon City Council met in regular session on December 15, 2020 at 7: 00 p. m. in the Council Chambers of the Centennial Building, 12 South Fifth Street, Yukon, Oklahoma. The invocation was given by Pastor Lisa Wynn, West Point Christian Church The flag salute was given in unison. ROLL CALL: ( Present) Shelli Selby, Mayor Jeff Wootton, Vice Mayor Donna Yanda, Council Member Rick Cacini, Council Member Aric Gilliland, Council Member OTHERS PRESENT: Jim Crosby, City Manager Doug Shivers, City Clerk Tammy Kretchmar, Asst. City Manager Gary Miller, City Attorney Mitch Hort, Development Services Dir. Robbie Williams, City Engineer John Corn, Police Chief Cindi Shivers, HR Director Gary Cooper, IT Director Philip Merry, City Treasurer Shawn Vogt, Fire Chief Jason Beal, Deputy City Clerk Jan Scott, Parks & Recreation Director Sara Schieman, Librarian Arnold Adams, Public Works Director Jeff Deckard, Asst. Public Works Director Jenna Roberson, PIO Michael Hewitt, Park Maintenance Jay Ross, Street Dept. Jason Worden, Park Maintenance Presentations and Proclamations Mayor Selby named the winners for the 2020 Mayor' s Essay Contest: 3rd Place - Boston Hardin, Lakeview Elementary; 2nd Place - Isabella Thomas, Skyview Elementary; 1st Place - Emma Weems, Skyview Elementary. Each essay was read out loud. Ms. Kretchmar introduced the nominees for City Employee of the Year: Sara Schieman, Jay Ross, Michael Hewitt and Jason Worden. Jay Ross was named the 2020 Yukon City Employee of the Year. Mayor Selby read the Proclamation for " Judge Miller Day" on December 31 , 2020 and thanked him for his service to the City of Yukon. Judge Miller thanked the Council and staff. Visitors None Recess as Yukon City Council and Reconvene as Yukon Municipal Authority) City Council Minutes - December 15, 2020 Page 2 1A. YMA Consent Docket This item is placed on the agenda so the Yukon Municipal Authority, by unanimous consent, can designate those routine items they wish to be approved by one motion. If an item does not meet with the approval of all Authority Members, that item will be heard in regular order. The City Manager recommends a motion to approve: A) The minutes of the regular meeting of December 1, 2020 B) Payment of material claims in the amount of $ 205, 034. 28 The motion to approve the YMA Consent Docket, consisting of the approval of the minutes of the regular meeting of December 1 , 2020; payment of material claims in the amount of $ 205, 034. 28, was made by Trustee Cacini and seconded by Trustee Yanda. The vote: AYES: Cacini, Selby, Wootton, Yanda, Gilliland NAYS: None VOTE: 5- 0 MOTION CARRIED 2A. Consider granting a Permanent Utility Easement to Oklahoma Gas and Electric Company, for underground electrical service to serve the ice skating rink, a tract of land being a part of the Northeast Quarter ( NE/ 4) of Section Twenty Nine ( 29), Township Twelve ( 12) North, Range Five ( 5) West of the Indian Meridian, Canadian County, Oklahoma The motion to grant a Permanent Utility Easement to Oklahoma Gas and Electric Company, for underground electrical service to serve the ice skating rink, a tract of land being a part of the Northeast Quarter ( NE/ 4) of Section Twenty Nine ( 29), Township Twelve ( 12) North, Range Five ( 5) West of the Indian Meridian, Canadian County, Oklahoma, was made by Trustee Gilliland and seconded by Trustee Wootton. The vote: AYES: Selby, Wootton, Gilliland, Yanda, Cacini NAYS: None VOTE: 5- 0 MOTION CARRIED Adjourn as YMA and Reconvene as Yukon City Council) 1. Consent Docket This item is placed on the agenda so the City Council, by unanimous consent, can designate those routine items they wish to be approved by one motion. If an item does not meet with the approval of all Council Members, that item will be heard in regular order. The City Manager recommends a motion that will approve: A) The minutes of the regular meeting of December 1, 2020 B) The minutes of the special meeting of December 9 2020 C) Payment of material claims in the amount of $ 1, 311, 680.41 D) Designating the items on the attached list from the Technology Department as surplus and authorizing their sale, donation or trade E) The 2021 City of Yukon Boards and Commissions Meeting Schedules F) Setting the date for the next regular Council meeting for January 5, 2021, 7: 00 p. m., in the Council Chambers of the Centennial Building, 12 S. Fifth St. City Council Minutes - December 15, 2020 Page 3 The motion to approve the Consent Docket consisting of the minutes of the regular meeting of December 1 , 2020; the minutes of the special meeting of December 9 2020; payment of material claims in the amount of $ 1 , 31 1 , 680. 41 ; designating the items on the attached list from the Technology Department as surplus and authorizing their sale, donation or trade; the 2021 City of Yukon Boards and Commissions Meeting Schedules; setting the date for the next regular Council meeting for January 5, 2021, 7: 00 p. m., in the Council Chambers of the Centennial Building, 12 S. Fifth St., was made by Council Member Wootton and seconded by Council Member Gilliland The vote: AYES: Wootton, Gilliland, Cacini, Yanda, Selby NAYS: None VOTE: 5- 0 MOTION CARRIED 2. Reports of Boards, Commissions and City Officials - no report given. 3. Consider approving Ordinance 1418, an Ordinance which provides amendment to the Code of Ordinances of the City of Yukon, Oklahoma by amending Section 1- Q " Definitions Volumetric Rate" and Section 14 " Election Required" of Ordinance 1400 to establish an election date of March 2, 2021, granting a franchise to One Gas, Inc. acting through its Oklahoma Natural Gas Division; and declaring an emergency The motion to approve Ordinance 1418, an Ordinance which provides amendment to the Code of Ordinances of the City of Yukon, Oklahoma by amending Section 1- Q Definitions Volumetric Rate" and Section 14 " Election Required" of Ordinance 1400 to establish an election date of March 2, 2021, granting a franchise to One Gas, Inc. acting through its Oklahoma Natural Gas Division; and declaring an emergency, was made by Council Member Cacini and seconded by Council Member Yanda. Council Member Wootton asked Mr. Crosby for an update. Mr. Crosby stated this will update our current ONG Franchise Agreement, which is over 50 years old. The Franchise fee will remain the same, no increase. The vote: AYES: Gilliland, Yanda, Wootton, Cacini, Selby NAYS: None VOTE: 5- 0 MOTION CARRIED 3a. Consider approving the Emergency Clause of Ordinance No. 1418 The motion to approve the Emergency Clause of Ordinance No. 1418, was made by Council Member Yanda and seconded by Council Member Wootton. The vote: AYES: Yanda, Gilliland, Wootton, Selby, Cacini NAYS: None VOTE: 5- 0 MOTION CARRIED City Council Minutes - December 15, 2020 Page 4 4. Consider approving Resolution 2020- 19, a Resolution calling for a Special Election in the City of Yukon, Oklahoma, on the 2nd day of March, 2021, for the purpose of submitting to the qualified electors of the City of Yukon the question of whether an ordinance granting a franchise to One Gas, Inc., acting through its Oklahoma Natural Gas Division, for purposes of selling, transmitting and distributing natural gas in the City of Yukon shall be approved; authorizing the Mayor to call the election by proclamation and requesting the Canadian County Election Board to conduct the election. The motion to approve Resolution 2020- 19, a Resolution calling for a Special Election in the City of Yukon, Oklahoma, on the 2nd day of March, 2021 , for the purpose of submitting to the qualified electors of the City of Yukon the question of whether an ordinance granting a franchise to One Gas, Inc., acting through its Oklahoma Natural Gas Division, for purposes of selling, transmitting and distributing natural gas in the City of Yukon shall be approved; authorizing the Mayor to call the election by proclamation and requesting the Canadian County Election Board to conduct the election, was made by Council Member Gilliland and seconded by Council Member Wootton. Council Member Gilliland asked about getting election information to the public. Mr. Crosby stated that ONG has agreed to inform the public and handle all publicity for the election. Mayor Selby confirmed no rates will increase. The vote: AYES: Selby, Yanda, Gilliland, Cacini, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 5. Consider entering into an Architectural, Planning & Engineering Contract with TEIM, Design, PLLC., formerly Triad Design, for the purpose of providing architectural & engineering services to the City and its Trust The motion to enter into an Architectural, Planning & Engineering Contract with TEIM, Design, PLLC., formerly Triad Design, for the purpose of providing architectural & engineering services to the City and its Trust, was made by Council Member Gilliland and seconded by Council Member Yanda. Detailed discussion was held on this item, including: Mr. Crosby stated this agreement handles the name change from Triad Design to TEIM and includes the work for the improvements to the water treatment plant. Council Member Gilliland asked if there is an existing contract with Triad and if it was bid out. Mr. Crosby stated there is a current contract and it was not bid recently because it is a professional service. Council Member Cacini asked Mr. Davis to explain. Mr. Davis gave an update on the name change, history of services to the City. Mr. Miller stated the contract expires June 30. 2021 with options to renew. Council Member Cacini stated the contract can be ended at any time. The vote: AYES: Selby, Wootton, Cacini, Yanda, Gilliland NAYS: None VOTE: 5- 0 MOTION CARRIED 6. Consider approving the expenditure of funds not to exceed $ 463, 847. 93 ( City share $ 157, 773. 59, ODOT share $ 306, 074. 34), to Brewer Construction Oklahoma, LLC, for a water line relocation between Hwy 66 and Wagner Road for the State Hwy 4 Project, using unit bid prices from the 2020 Concrete and Asphalt Paving, Drainage, Water and Sewer Project Contract, as recommended by the City Engineer City Council Minutes - December 15, 2020 Page 5 The motion to approve the expenditure of funds not to exceed $ 463, 847. 93 ( City share $ 157, 773. 59, ODOT share $ 306, 074. 34), to Brewer Construction Oklahoma, LLC, for a water line relocation between Hwy 66 and Wagner Road for the State Hwy 4 Project, using unit bid prices from the 2020 Concrete and Asphalt Paving, Drainage, Water and Sewer Project Contract, as recommended by the City Engineer, was made by Council Member Yanda and seconded by Council Member Cacini. The vote: AYES: Cacini, Gilliland, Yanda, Selby, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 7. Consider approving an extension of the 2020 Concrete and Asphalt Paving, Drainage, Water and Sewer Project contract, for one additional year, with Brewer Construction Oklahoma, LLC, at the original bid item unit price, as recommended by the City Engineer The motion to approve an extension of the 2020 Concrete and Asphalt Paving, Drainage, Water and Sewer Project contract, for one additional year, with Brewer Construction Oklahoma, LLC, at the original bid item unit price, as recommended by the City Engineer, was made by Council Member Cacini and seconded by Council Member Wootton. Mr. Crosby explained this is the Year 2 renewal option in the contract. The vote: AYES: Yanda, Gilliland, Selby, Cacini, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED 8. Consider approving an extension of the 2020 Snow and Ice Plowing Removal, for one additional year, with Blue Rock General Contractors, LLC, at the original bid item unit price, as recommended by the City Engineer The motion to approve an extension of the 2020 Snow and Ice Plowing Removal, for one additional year, with Blue Rock General Contractors, LLC, at the original bid item unit price, as recommended by the City Engineer, was made by Council Member Cacini and seconded by Council Member Yanda. Mr. Williams stated this is the Year 2 renewal in the contract, similar to the City of Oklahoma City. Blue Rock is associated with Schwarz Companies. The vote: AYES: Selby, Wootton, Yanda, Cacini, Gilliland NAYS: None VOTE: 5- 0 MOTION CARRIED 9. Consider approving the Water/ Sewer Flushing Truck bid specifications and authorizing the Purchasing Agent to advertise for bids City Council Minutes - December 15, 2020 Page 6 The motion to approve the Water/ Sewer Flushing Truck bid specifications and authorizing the Purchasing Agent to advertise for bids, was made by Council Member Wootton and seconded by Council Member Yanda. Council Member Gilliland asked how many bids we anticipate receiving. Mr. Crosby stated he knows of at least 2 companies interested in bidding. The vote: AYES: Yanda, Selby, Gilliland, Wootton, Cacini NAYS: None VOTE: 5- 0 MOTION CARRIED 10. Consider a motion to recess as Yukon City Council and convene into Executive Session, for: A) Discussing the hiring of a City Manager and a City Attorney, as provided for in 25 OS 2003, Section 307 ( B) ( 1) B) Discussing pending litigation, as provided for in 25 OS 2003, Section 307 B) ( 4) The motion to recess as Yukon City Council and convene into Executive Session, for: A) Discussing the hiring of a City Manager and a City Attorney, as provided for in 25 OS 2003, Section 307 ( B) ( 1 ) and B) Discussing pending litigation, as provided for in 25 OS 2003, Section 307 ( B) ( 4), was made by Council Member Wootton and seconded by Council Member Cacini. The vote: AYES: Gilliland, Cacini, Selby, Wootton, Yanda NAYS: None VOTE: 5- 0 MOTION CARRIED 11. Consider a motion to adjourn from Executive Session and reconvene as Yukon City Council The motion to adjourn from Executive Session and reconvene as Yukon City Council, was made by Council Member Wootton and seconded by Council Member Cacini. The vote: AYES: Selby, Yanda, Cacini, Gilliland, Wootton NAYS: None VOTE: 5- 0 MOTION CARRIED Mayor Selby read the following statement: While in Executive Session, only the items on the agenda were discussed, no action was taken, and no votes were cast. 12. Consider entering into a Settlement Agreement with Salazar Homes Inc., regarding the State Highway 4 Project 04757( 04), for the following: A) A Special Warranty Deed for a strip, piece or parcel of land lying in the Southwest Quarter ( SW/ 4) of Section Sixteen ( 16), Township Twelve North T12N), Range Five West ( R5W) of the Indian Meridian, Canadian County, Oklahoma, known as Parcels Nos. 9, 10, 11 & 13 B) A Temporary Construction Easement Agreement for a strip, piece or parcel of land lying in the Southwest Quarter ( SW/ 4) of Section Sixteen 16), Township Twelve North ( T12N), Range Five West ( R5W) of the Indian Meridian, Canadian County, Oklahoma, known as Parcels Nos. 9. 1 & 11. 1 City Council Minutes - December 15, 2020 Page 7 The motion to enter into a Settlement Agreement with Salazar Homes Inc., regarding the State Highway 4 Project 04757( 04), for the following: A) A Special Warranty Deed for a strip, piece or parcel of land lying in the Southwest Quarter ( SW/ 4) of Section Sixteen ( 16), Township Twelve North ( T12N), Range Five West ( R5W) of the Indian Meridian, Canadian County, Oklahoma, known as Parcels Nos. 9, 10, 11 & 13 and B) A Temporary Construction Easement Agreement for a strip, piece or parcel of land lying in the Southwest Quarter ( SW/ 4) of Section Sixteen ( 16), Township Twelve North T12N), Range Five West ( R5W) of the Indian Meridian, Canadian County, Oklahoma, known as Parcels Nos. 9. 1 & 11 . 1 , was made by Council Member Yanda and seconded by Council Member Cacini. The vote: AYES: Cacini, Wootton, Gilliland, Yanda, Selby NAYS: None VOTE: 5- 0 MOTION CARRIED 13. Review and possible action regarding an Attorney- Client Agreement with Rinehart, Rinehart & Rinehart, P. C., for employment as City Attorney, effective January 1, 2021 The motion to enter into an Attorney- Client Agreement with Rinehart, Rinehart & Rinehart, P. C., for employment as City Attorney, effective January 1 , 2021 , was made by Council Member Wootton and seconded by Council Member Yanda. The vote: AYES: Wootton, Cacini, Selby, Yanda, Gilliland NAYS: None VOTE: 5- 0 MOTION CARRIED 14. Consider the recruitment and employment of a new City Manager, and take any action deemed necessary by the City Council with regard to the employment of a new City Manager and the process related thereto Item # 14 was pulled from the agenda. 15. New Business - no new business. 16. Council Discussion Council Member Yanda congratulated Jay Ross ( Employee of the Year), the Mayor' s Essay Contest winners and welcomed Roger Rinehart as the new City Attorney. Council Member Wootton welcomed Mr. Rinehart, thanked Judge Miller for his service and spoke about volunteering at Santa' s Toy Shop. Council Member Cacini welcomed Mr. Rinehart and thanked Mr. Miller. He also encouraged everyone to shop local. Council Member Gilliland thanked Judge Miller and welcomed Mr. Rinehart. He also stated that Yukon lost a great young man this week. Mayor Selby congratulated the essay winners, thanked Judge Miller, read the upcoming events recap and encouraged everyone to shop local. City Council Minutes - December 15, 2020 Page 8 17. Adjournment 2/; S elli Selby, Mayor 11y- Doug ers, City Clerk 7H „ v. o O 17 V W 1' f [ 116-