EDMOND CITY COUNCIL MEETING EDMOND PUBLIC WORKS AUTHORITY MEETING 20 S. Littler, Edmond, Oklahoma 5:30 p.m., May 14, 2012

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1 City of Edmond NOTICE OF PUBLIC MEETING The City of Edmond encourages participation from all its citizens. If participation at any Public meeting is not possible due to a disability, notification to the City Clerk at least 48 hours prior to the scheduled meeting is encouraged to make the necessary accommodations. The City may waive the 48-hour rule if signing is not the necessary accommodation. 1. Call to Order by Mayor Lamb. EDMOND CITY COUNCIL MEETING EDMOND PUBLIC WORKS AUTHORITY MEETING 20 S. Littler, Edmond, Oklahoma 5:30 p.m., May 14, Approval of Edmond City Council Meeting Minutes: April 23, (5-11) 3. City Council Presentations: A. Discussion and Consideration of Approval of Joint Proclamation between the City of Edmond and Engels, Russia for the development of Sister City relationship. B. Proclamation recognizing May 5-13, 2012 as National Tourism Week. C. Proclamation recognizing May 20-26, 2012 as National Public Works Week. D. Proclamation recognizing May 18, 2012 as Bike-to-Work Day. E. City Manager's Progress Report. 4. City Council Appointments to Boards and Commissions: A. Mayor's Appointment of Roger Quinn to the Urban Forestry Commission to replace Jo Logan; term expires May B. Ward 1 Reappointment of Steve Ancik to the Parks and Recreation Advisory Board; term expires July C. Ward 2 Reappointment of Kieran Maye to the Capital Projects and Financing Task Force; term expires June D. Ward 4 Reappointment of J.W. Armstrong to the Edmond Convention and Tourism Advisory Board; term expires February General Consent Items:

2 A. Consideration of Approval of Administrative Items: 1. Consideration of Acceptance of Final Plat, Improvements and Maintenance Bonds for Hutton Place. (12) 2. Approval of Transfer of Appropriations for Utility Meter Services from Capital Outlay to Materials and Supplies; $9,000. (13) 3. Approval of Electric Easement: Jason Perkins, 4000 E Sorghum Mill Rd. (14-17) 4. Acceptance of a Utility Easement for a public water line and fire hydrant at Enterprise Warehouse located at 2325 S. Fretz Avenue; donated by Enterprise Warehouse. (18-20) 5. Acceptance of Public Improvements and Maintenance Bonds for: (21) a. Sanitary Sewer to serve Edmond Public Schools Administration Building b. Fire Hydrant installation at 17 East Hurd c. Fiber optic cable from I-35 and 2nd St. to 2701 W. I-35 Frontage Road d. Concrete Outlet Box Structure and Overflow Flume; lower water service to serve 1001 W. Danforth e. Public fire line to serve Edmond Public Schools Test Kitchen f. Paving to serve Ida Freeman Kitchen Addition g. Water and storm water detention outlet to serve Enterprise Warehouse, 2325 S. Fretz Avenue h. Autumn Ridge Sanitary Sewer Rehabilitation Project i. Harris Site Sanitary Sewer Rehabilitation Project j. Sanitary sewer to serve Arbor Creek Retail West, I-35 and 2nd Street k. Bore under existing road at 401 Westland Drive l. Water line relocation and overflow structure to serve Cross Timbers Elementary m. Water and sanitary sewer for City Project #WC Covell Road Waterline and Sanitary Sewer Relocation 6. Approval of Transfer of Appropriations for Field Services-Traffic/Vehicle Maintenance; $2,500. (22) 7. Approval of Transfer of Appropriations for Field Services-Water/Transfers-Vehicle Maintenance; $20,000. (23) 8. Approval of Transfer of Appropriations for Field Services-Street/Transfers-Vehicle Maintenance; $62,000. (24) 9. Approval of Transfer of Appropriations for Field Services-Wastewater/Transfer-Vehicle Maintenance; $15,000. (25)

3 B. Consideration of Approval of Ordinances and Resolutions: 1. Public Hearing and Consideration of Ordinance No. Amending The Edmond Municipal Code, Chapter 2.80 The Edmond Public Transportation Committee, Section Membership To Provide For Members; Section Terms Of Office To Specify Terms; And Providing For Repealer And Severability. 2. Consideration of Resolution No. Specifying The Appointment Procedure And Terms Of The Members Of The Capital Projects And Financing Task Force (CPFTF). C. Approval of Purchases: 1. Consideration and Approval of Contract Amendment to Crafton Tull for additional design services relating to the Edmond Recreation Aquatic Center; $117,600. (26-28) 2. Approval of budgeted funds for Capital and Operating Expenditures for the Guthrie/Edmond Regional Airport (February 2012); $2,789. (29-31) 3. Approval of an Agreement with United States Department of Agriculture, Natural Resources Conservation Service (NRCS) for stream bank stabilization in an area between the bridge located on Danforth, just west of Douglas, and the bridge located on Douglas, just south of Danforth. (32-43) 4. Approval of budgeted funds expenditure for the City's portion of the purchase of the Citylink buses to Metro Transit; $69, (44-45) 5. Approval of an Interlocal Agreement between the City of Edmond and the Board of County Commissioners of Oklahoma County for rural roadway reconstruction improvements on 33rd/150th Street, from Hiwassee to Anderson; $236,000. (46-51) <Recess City Council Meeting and Convene Public Works Authority Meeting> 6. Approval of EPWA Meeting Minutes: April 23, (53-59) 7. EPWA General Consent Items: A. Approval of Purchases: 1. Approval of Change Order No. 2 to the Construction Contract with Young Contracting LLC for the Autumn Ridge Sanitary Sewer Project; $30, increase. (60) <Adjourn Public Works Authority Meeting and Reconvene City Council Meeting> 8. Planning Consent Items: A. Case #PR Consideration of Final Plat of Arbor Creek at the Summit Section IV located one half mile north of East Second Street, north of Saints Boulevard. (Caleb McCaleb) (61-63)

4 9. Planning Discussion Items: A. Case #Z Public Hearing and Consideration of Ordinance No. Amending the Edmond Plan from Single Family usage to Suburban Office usage at 2101 N. Santa Fe. (Darren Webb) Emergency approval required. (64-70) B. Case #Z Public Hearing and Consideration of Ordinance No. Rezoning from A Single Family to D-O Suburban Office located at 2101 N. Santa Fe. (Darren Webb) (71-72) C. Case #Z Public Hearing and Consideration of Ordinance No. Rezoning from G-A General Agricultural to R-1 Rural Estate located south of East Second Street, one-half mile east of Hiwassee Road. (Andy Carpenter) (73-75) 10. Discussion and Consideration of Revisions of Terms for the Urban Forestry Commission. (77-78) 11. Citizens Comments - (This is an opportunity for citizens to address the City Council. Remarks should be directed to City Council as a whole and limited to five minutes or less.) 12. New Business - (In accordance with the Open Meeting Act, new business is defined as any matter not known about or which could not have been reasonably foreseen prior to the time of posting of the agenda.) 13. Adjournment.

5 City Council Item # 2. Meeting Date: 05/14/2012 Submitted For: Betty Brinkman Information Item Approval of Edmond City Council Meeting Minutes: April 23, City Council Minutes Attachments

6 EDMOND CITY COUNCIL MINUTES April 23, 2012 Mayor Charles Lamb called the regular meeting of the Edmond City Council to order at 5:30 p.m., Monday, April 23, 2012, in the City Council Chambers. The agenda for this meeting was posted in the City First Building on April 19 th at 3:52 pm. 2. Approval of April 9, 2012, Minutes. Motion by Caldwell, seconded by Waner, to approve Minutes. Motion carried as followed: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None 3. City Council Presentations: A. Recognition of Edmond Youth Council participants. B. Presentation recognizing Jay Buxton for his years of service to the Capital Projects and Financing Task Force. C. Presentation of proclamation recognizing May 13-19, 2012, as NATIONAL POLICE WEEK in the City of Edmond. D. Presentation of 2012 Edmond Analysis of Impediments to Fair Housing Choice by Robert Gaudin of Western Economic Services, LLC. 4. Appointments to Boards and Commissions: 1) Appointment to the Planning Commission. Councilmember Caldwell nominated Kenneth Wohl to serve a term expiring in May, ) Appointment to the Planning Commission. Councilmember Massey nominated Robert Rainey to serve a term expiring in May, Motion by Massey, seconded by Davis, to approve Items 4.A. and 4.B. Motion carried as follows: AYES: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey

7 EDMOND CITY COUNCIL MINUTES-APR. 23, 2012 BOOK 37, PAGE 103 NAYS: None 5. GENERAL CONSENT ITEMS: (General Consent Items were voted on collectively except where noted.) A. Approval of Administrative Items: 1) Acceptance of City Manager s Financial Report for month ending March 31, ) Acceptance of City Treasurer s Investment Report for month ending March 31, ) Approval of transfer of appropriations from the Intelligent Transportation Systems (ITS) account to fund a contract for Engineering Services for the Danforth Widening Project from the Burlington Northern Santa Fe (BNSF) Railroad Tracks to west of Fretz Avenue - $247,300 4) Acceptance of electric easement from Brad and Lynn Fielding, 2116 Covell Lane. 5) Acceptance of electric easement from J and S Sundown, LLC, 3660 E. Sorghum Mill Road. 6) Acknowledge receipt of construction permits for the Oklahoma Department of Environmental Quality for Birnam Woods, Hutton Place and Hampden Hollow II. 7) Approval of Finance/Audit Committee recommendation for the retention of the bond underwriting team of Citigroup-WellsNelson-Edward D. Jones. 8) Approval of supplemental appropriations for the parking lot development relating to the Edmond Recreation Aquatic Center. Motion by Waner, seconded by Davis, to approve General Consent Items 5.A.(1-8). Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None B. Approval of Resolutions:

8 EDMOND CITY COUNCIL MINUTES-APR. 23, 2012 BOOK 37, PAGE 104 1) Consideration of Resolution No approving the Incurrence of Indebtedness by the Edmond Public Works Authority (The Authority ) Issuing its Sales Tax and Utility System Revenue Refunding Bonds, Series 2012A (The Bonds ) in One or More Series for the Purpose of Refunding All or a Portion of The Authority s Outstanding Sales Tax and Utility System Revenue Bonds, Series 2003, and Approving the Proposal of The Authority to Incur Said Indebtedness; Approving the Proceedings of The Authority Pertaining to the Sale of Said Bonds; Waiving Competitive Bidding; Approving a Sales Tax Security Agreement and Other Documents; and Containing Other Provisions Relating Thereto. 2) Consideration of Resolution No approving the Incurrence of Indebtedness by the Edmond Public Works Authority (The Authority ) Issuing its Sales Tax and Utility System Revenue Refunding Bonds, Series 2012B (The Bonds ) in One or More Series for the Purpose of Refunding All or a Portion of Certain Outstanding Notes and Approving the Proposal of The Authority to Incur Said Indebtedness; Approving the Proceedings of The Authority Pertaining to the Sale of Said Bonds; Waiving Competitive Bidding; Approving a Sales Tax Security Agreement and Other Documents; and Containing Other Provisions Relating Thereto. Motion by Caldwell, seconded by Massey, to approve General Consent Items 5.B.(1-2) and authorize the City Treasurer to take the necessary steps to effectuate the refunding of the bonds. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None C. Approval of Grants: 1) Approval of supplemental appropriations for the Police Public Safety Limited Tax Fund - $9,761 D. Approval of Purchases: 1) Approval of interlocal agreement with the Board of County Commissioners of Oklahoma County to reconstruct, improve, repair and maintain certain City streets in the City of Edmond.

9 EDMOND CITY COUNCIL MINUTES-APR. 23, 2012 BOOK 37, PAGE 105 2) Approval of interlocal agreement with the Board of County Commissioners of Oklahoma County for rural mowing and week control maintenance of section line right-of-ways in the amount of $30,000. 3) Approval of engineering services contract with Cabbiness Engineering for the Danforth Widening Project, from the Burlington Northern Santa Fe Railroad Tracks to west of Fretz in the amount of $247,300. 4) Approval of Change Order No. 3 with FT Construction Company, Inc. for the Covell Road Waterline and Sanitary Sewer Relocation project, Thomas Drive to Marilyn Williams Drive in the decreased amount of $62, ) Approval of contract amendment with Poe and Associates for the design of Kelly Avenue from Covell Road to Coffee Creek Road in the amount of $37,200. 6) Award of bid disposition by the Purchasing Manager for road micro surfacing services. Motion by Waner, seconded by Davis, to approve General Consent Items 5.C.(1) and 5.D.(1-6). Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None Motion by Caldwell, seconded by Waner, to recess the City Council meeting in order to convene the Edmond Public Works Authority meeting. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None Mayor Lamb reconvened the City Council meeting. 11. Discussion and Consideration of Approval of Memorandum of Understanding with Edmond Public Works Authority and Covell-35 Development, LLC, Partners In Development, Inc., and Summit Sports Management, LLC, for the development of a hotel/conference center and sports complex in the vicinity of I-35 and Covell Road

10 EDMOND CITY COUNCIL MINUTES-APR. 23, 2012 BOOK 37, PAGE 106 in Edmond, Oklahoma. Mayor Lamb stated this item is a companion to the item just approved by the Edmond Public Works Authority. Motion by Caldwell, seconded by Massey, to approve Item No. 11. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None 12. Approval of transfer of appropriations that would provide the funds to purchase land for a Conference Center/Hotel - $2,200,000 Motion by Waner, seconded by Massey, to approve Item No. 12. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None 13. PLANNING CONSENT ITEMS: A. Consideration of Final Plat of Legend V Apartments, located on the north side of E. 2 nd Street, one-half mile east of Bryant Avenue (Cornerstone-Legend, LLC, applicant) Case No. PR Motion by Waner, seconded by Davis, to approve Planning Consent Item 13.A. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None 14. Discussion and Consideration of Revisions of Terms for the Public Transportation Committee. The terms of many of the Boards and Commissions become un-staggered over time due to changes in practice and inconsistent appointment policies. Staff recommended adjusting the terms of the Committee to create a stagger of no more than three members terms expiring in one year as well as re-designating the appointments to nominations by each individual Councilmember. All terms will be three years with a three term maximum and will expire in the month of October. If a member resigns before their term expires, the appointment would be only until the term expires rather than a new three-year term in order to maintain the staggering of terms.

11 EDMOND CITY COUNCIL MINUTES-APR. 23, 2012 BOOK 37, PAGE 107 Motion by Davis, seconded by Waner, to approve Item No. 14. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None 15. CITIZEN COMMENTS: John Bunt addressed Council regarding signs placed in front of a local restaurant designating the parking spaces as reserved for take-away orders. He stated this prohibits handicapped citizens from being able to park close to the restaurant. Mayor Lamb stated the area of the restaurant falls in the streetscape area and he requested staff investigate this issue to see if the signs are in compliance with City codes. 16. NEW BUSINESS: None 17. Motion by Caldwell, seconded by Davis, to adjourn meeting. Motion carried as follows: AYES: NAYS: Mayor Lamb, Councilmembers Caldwell, Waner, Davis and Massey None City Clerk Mayor

12 City Council Item # 5. A. 1. Meeting Date: 05/14/2012 Submitted For: Steve Manek, Engineering Submitted By: Kay Northcutt, Engineering Information Item Consideration of Acceptance of Final Plat, Improvements and Maintenance Bonds for Hutton Place. Background Water lines, sanitary sewer lines, storm sewer and paving have been completed and are ready for acceptance with the required maintenance bonds. Time Frame Acceptance of the Plat at City Council meeting to allow for recording of Plat at Oklahoma County Courthouse. Issue Acceptance of improvements built to City standards allowing the plat to be recorded. Recommendations Staff recommends approval. Action Needed Motion to approve. Public Notification Posted City Council Agenda. Funding/Cost: N/A Budgeted Item Y/N or N/A: N/A Account: N/A Fiscal Impact

13 City Council Item # 5. A. 2. Meeting Date: 05/14/2012 Submitted For: Linda Courtright Submitted By: Susan Miller, Asst. CM of Operations Information Item Approval of Transfer of Appropriations for Utility Meter Services from Capital Outlay to Materials and Supplies; $9,000. Background Funds originally budgeted in the Utility Meter Service Capital Outlay account due to the expected cost per item would be greater than the minor tool limit. Staff was able to negotiate with supplier to continue to offer pricing from the last RFP. By doing so the price per item came in below the Capital Outlay requirement. Meter Services has experienced continued growth in the monthly number of meters to read as well as increased driving distances. The additional equipment will allow Utility Service Reps and Supervisors to assist with meter reading tasks. This transfer would not increase the Meter Services budget. Time Frame Immediately upon approval Issue Approval of Transfer of Appropriation from Capital Outlay to Minor Tools to maintain budget level authority. Recommendations Staff recommends approval Action Needed Motion to Approve Transfer of Appropriation Request Public Notification Posted City Council Agenda Funding/Cost: $9, Budgeted Item Y/N or N/A: Y Fiscal Impact Account: FROM: Utility Meter Services - Capital Outlay Machinery & Tools TO: Utility Meter Services - Materials and Supplies Minor Tools

14 City Council Item # 5. A. 3. Meeting Date: 05/14/2012 Submitted For: Glenn Fisher, Edmond Electric Submitted By: Anne Wood, Edmond Electric Information Item Approval of Electric Easement: Jason Perkins, 4000 E Sorghum Mill Rd. Background This easement from Jason Perkins is needed to install new facilities that are required for the electric service at 4000 E Sorghum Mill Rd. Time Frame Effective Immediately Issue N/A Recommendations N/A Action Needed Motion to approve Public Notification N/A Funding/Cost: N/A Budgeted Item Y/N or N/A: N/A Account: N/A Fiscal Impact Electric Easement Attachments

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18 City Council Item # 5. A. 4. Meeting Date: 05/14/2012 Submitted For: Steve Manek, Engineering Submitted By: Steve Manek, Engineering Information Item Acceptance of a Utility Easement for a public water line and fire hydrant at Enterprise Warehouse located at 2325 S. Fretz Avenue; donated by Enterprise Warehouse. Background Jeff Van Hoose on behalf of Enterprise Warehouse is granting a 20' utility easement to the City of Edmond for a water line and fire hydrant that was constructed as part of the Enterprise Warehouse site plan approval (SP110013). This easement allows the City to operate and maintain the public water line and appurtenances located on the property. Time Frame Immediate upon filing at the County. Issue The acceptance of the easement is necessary in order for the document to be filed of record. Recommendations Staff recommends acceptance. Action Needed Motion to accept. Public Notification Posted City Council Agenda. Fiscal Impact Funding/Cost: N/A Budgeted Item Y/N or N/A: N/A Account: Enterprise Warehouse UE Attachments

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21 City Council Item # 5. A. 5. Meeting Date: 05/14/2012 Submitted For: Steve Manek, Engineering Submitted By: Kay Northcutt, Engineering Information Item Acceptance of Public Improvements and Maintenance Bonds for: a. Sanitary Sewer to serve Edmond Public Schools Administration Building b. Fire Hydrant installation at 17 East Hurd c. Fiber optic cable from I-35 and 2nd St. to 2701 W. I-35 Frontage Road d. Concrete Outlet Box Structure and Overflow Flume; lower water service to serve 1001 W. Danforth e. Public fire line to serve Edmond Public Schools Test Kitchen f. Paving to serve Ida Freeman Kitchen Addition g. Water and storm water detention outlet to serve Enterprise Warehouse, 2325 S. Fretz Avenue h. Autumn Ridge Sanitary Sewer Rehabilitation Project i. Harris Site Sanitary Sewer Rehabilitation Project j. Sanitary sewer to serve Arbor Creek Retail West, I-35 and 2nd Street k. Bore under existing road at 401 Westland Drive l. Water line relocation and overflow structure to serve Cross Timbers Elementary m. Water and sanitary sewer for City Project #WC Covell Road Waterline and Sanitary Sewer Relocation Background The maintenance bonds represent completion of public infrastructure. These projects are now complete. Time Frame N/A Issue Proper execution of maintenance bonds. Recommendations Staff recommends approval. Action Needed Motion to approve. Public Notification None.

22 City Council Item # 5. A. 6. Meeting Date: 05/14/2012 Submitted For: Keith Stewart Submitted By: Keith Stewart, Public Works Information Item Approval of Transfer of Appropriations for Field Services-Traffic/Vehicle Maintenance; $2,500. Background Due to unexpected vehicle maintenance costs, current funding will not be sufficient to cover vehicle maintenance for the remainder of this fiscal year. Consequently, staff is requesting a transfer from the Traffic Maintenance Regular Pay-Civilians budget to resolve this issue. This transfer will not increase the overall Traffic Maintenance budget but will simply transfer funds from one account to another. Time Frame Immediate upon approval. Issue Approval of a funding transfer to pay for vehicle maintenance costs. Recommendations Staff recommends approval. Action Needed Motion to approve transfer request. Public Notification Posted Agenda Funding/Cost: $2,500 Budgeted Item Y/N or N/A: Y Fiscal Impact Account: From: Regular Pay-Civilians To: Transfers-Vehicle Maint. Charge

23 City Council Item # 5. A. 7. Meeting Date: 05/14/2012 Submitted For: Keith Stewart Submitted By: Keith Stewart, Public Works Information Item Approval of Transfer of Appropriations for Field Services-Water/Transfers-Vehicle Maintenance; $20,000. Background Due to unexpected vehicle maintenance costs, current funding will not be sufficient to cover vehicle maintenance for the remainder of this fiscal year. Consequently, staff is requesting a transfer from the Water Line Maintenance; Street/Sidewalk Repairs; budget to resolve this issue. This transfer will not increase the overall Water Line Maintenance budget but will simply transfer funds from one account to another. Time Frame Immediate upon approval Issue Approval of a funding transfer to pay for vehicle maintenance costs. Recommendations Staff recommends approval. Action Needed Motion to approve transfer request. Public Notification Posted Agenda Funding/Cost: $20,000 Budgeted Item Y/N or N/A: Y Fiscal Impact Account: From: Street/Sidewalk Repairs To: Transfers-Vehicle Maint. Charge

24 City Council Item # 5. A. 8. Meeting Date: 05/14/2012 Submitted For: Keith Stewart Submitted By: Keith Stewart, Public Works Information Item Approval of Transfer of Appropriations for Field Services-Street/Transfers-Vehicle Maintenance; $62,000. Background Due to unexpected vehicle maintenance costs, primarily resulting from clean up efforts following the wind storm in August, current funding will not be sufficient to cover vehicle maintenance for the remainder of this fiscal year. Consequently, staff is requesting a transfer from the Street Maintenance Regular Pay-Civilians budget to resolve this issue. This transfer will not increase the overall Street Maintenance budget but will simply transfer funds from one account to another. Time Frame Immediate upon approval. Issue Approval of a funding transfer to pay for vehicle maintenance costs. Recommendations Staff recommends approval. Action Needed Motion to approve transfer request. Public Notification Posted Agenda Funding/Cost: $62,000 Budgeted Item Y/N or N/A: Y Account: From: Regular Pay-Civilians To: Vehicle Maint. Charge Fiscal Impact

25 City Council Item # 5. A. 9. Meeting Date: 05/14/2012 Submitted For: Keith Stewart Submitted By: Keith Stewart, Public Works Information Item Approval of Transfer of Appropriations for Field Services-Wastewater/Transfer-Vehicle Maintenance; $15,000. Background Due to unexpected vehicle maintenance costs, current funding will not be sufficient to cover vehicle maintenance for the remainder of this fiscal year. Consequently, staff is requesting a transfer from the Wastewater Line Maintenance Regular Pay-Civilians budget to resolve this issue. This transfer will not increase the overall Wastewater Line Maintenance budget but will simply transfer funds from one account to another. Time Frame Immediate upon approval. Issue Approval of a funding transfer to pay for vehicle maintenance costs. Recommendations Staff recommends approval. Action Needed Motion to approve transfer request. Public Notification Posted Agenda Funding/Cost: $15,000 Budgeted Item Y/N or N/A: Y Account: From: Regular Pay-Civilians To: Tranfers-Vehicle Maint. Charge Fiscal Impact

26 City Council Item # 5. C. 1. Meeting Date: 05/14/2012 Submitted For: Steve Commons Submitted By: Steve Commons, City Manager's Office Information Item Consideration and Approval of Contract Amendment to Crafton Tull for additional design services relating to the Edmond Recreation Aquatic Center; $117,600. Background As we went through the project we asked Crafton Tull to perform additional design work in the following areas: Geothermal support for the facility Additional Locker Room space for Edmond Public Schools Supporting parking lots for building and Mitch Park The value of these design services was based on 7% of anticipated cost of these additional services. In the previous City Council actions relating to this project, these additional design services where included in the total estimated costs for the project and included in the supplemental appropriation for this project. Time Frame Contract will be amended upon City Council approval. Issue The contact amendment involves services requested by the City and Edmond Public Schools. Each entity is in agreement with their share of the design services amendment. Recommendations Approval of the proposed contract amendment. Action Needed Approval of the proposed contract amendment. Public Notification Posted City Council agenda. Funding/Cost: $117,600 Budgeted Item Y/N or N/A: Y Fiscal Impact Account: Capital Improvement Sales Tax Fund - Edmond Recreation Aquatic Center

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29 City Council Item # 5. C. 2. Meeting Date: 05/14/2012 Submitted For: Larry Stevens, City Manager's Submitted By: Vicki Martin, Administration Office Information Item Approval of budgeted funds for Capital and Operating Expenditures for the Guthrie/Edmond Regional Airport (February 2012); $2,789. Background This partnership between the two communities for the joint operation of the Guthrie/Edmond Regional Airport (GEOPORT) in Guthrie is now in its eighth year. In June of 2009 the cities of Edmond and Guthrie renewed their initial five-year agreement for another five years. This agreement provides that the two communities will equally share all operating and capital expenditures. Edmond s budget for the current fiscal year provides for $107,369 for operating costs and $37,631 for capital expenditures (including the local requirements for state and federal grants) resulting in a total current budget of $145,000. The City of Guthrie has invoiced us for the period of February 1, 2012 thru February 29, Our portion of the matching dollars for capital items is $ Our match represents 5% of the total capital improvement costs. After this expenditure the balance of the city's financial commitment for FY 2012 is $35, Our portion of the operating expenses minus revenue is $2, These dollars go to help pay the daily operations of the airport. All operations costs are divided between the City of Edmond and the City of Guthrie equally. After this expenditure the balance of the city's financial commitment for FY 2012 is $67, Expenses approved to date will leave a balance of $103, of the current $145,000 FY2012 budget. Time Frame Fiscal Year Issue Approval of budgeted expenditures as per the contract agreed upon by City Council on 6/22/2009. Recommendations Staff recommends approval. Action Needed Motion to Approve. Public Notification City Council Agenda Funding/Cost: $2,789 Fiscal Impact

30 Budgeted Item Y/N or N/A: Y Account: Edmond-Guthrie Regional Airport (Main/Repairs Bldg & Land): $ Edmond-Guthrie Regional Airport (Contract Services); $2, GERA Invoice - Feb Attachments

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32 City Council Item # 5. C. 3. Meeting Date: 05/14/2012 Submitted For: Keith Stewart Submitted By: Keith Stewart, Public Works Information Item Approval of an Agreement with United States Department of Agriculture, Natural Resources Conservation Service (NRCS) for stream bank stabilization in an area between the bridge located on Danforth, just west of Douglas, and the bridge located on Douglas, just south of Danforth. Background The two bridges, located at Danforth and Douglas, one just west of Douglas on Danforth, and the other on Douglas, just south of Danforth, sustained significant damage during flooding that occurred on June 14, On August 23, 2010, the City Council approved a request to submit to the Natural Resources Conservation Service (NRCS) for disaster assistance to make repairs to these bridges. Funding of this project has now been approved by the Department of Agriculture. The estimated cost of this project is $211,880.00, with NCRS funding 75% of the project, and the City of Edmond providing 25% through in-kind services. Time Frame Immediate upon approval. Issue Approval of the agreement. Recommendations Staff recommends approval. Action Needed Motion to approve the agreement. Public Notification Posted Agenda S:\PWORKS\FEMA Attachments

33 State: Oklahoma DSR #: Danforth Rd and Coffee Creek Bridge -Oklahoma County UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT Federal Contract THIS AGREEMENT, made and entered into by and between the Edmond Public Works Authority, hereinafter referred to as the Sponsor, and the United States Department of Agriculture, Natural Resources Conservation Service, hereinafter referred to as NRCS. WITTNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law , Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law , NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed; and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created by flooding in June Project Name: Oklahoma County Stream bank Stabilization located in SE 1\4 Section 23, T14N, R2W and NE 1\4 Section 26-T14N-R2W Major items of work consist of: Streambank Stabilization (Rock Riprap) and Debris Disposal NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and the NRCS do hereby agree as follows: A. It is agreed that the above-described work is to be constructed at an estimated cost of $211,880. See attached worksheet for details. Figures on the attached worksheet (with the exception of the in-kind value) will be adjusted once the bid/quote for the federal contract is opened. This adjustment may cause the cost to the Sponsor to increase. If this should occur, a federal contract will not be awarded until such time as the additional cost is approved by the Sponsor and sufficient funds are escrowed. In-kind values may exceed the sponsor s minimum 25% cost-share requirement. In this event, NRCS will not reimburse funds to the sponsor for the amount that exceeds the minimum cost-share requirement.

34 B. THE SPONSOR AGREES TO: 1. Provide at least 25 percent of the cost of constructing the emergency watershed protection measures described in Section A. This cost to the Sponsor is estimated to be $73,920. The Sponsors cost-share will be provided in the form of cash and in-kind services. The cash contribution is estimated to be $0. This amount may change dependent upon the actual cost of the federal contract. The value of the in-kind contribution is $83,800. The value associated with in-kind contributions will not change unless additional in-kind work is completed by the Sponsor. The Sponsor will retain records to support costs incurred by the Sponsor equal to the amount of the in-kind contribution. The contributed in-kind work will be as follows: Mobilization; Front End Loader, Motor Grader, 2 Flagmen, Public Works Director, Field Service Superintendent, Debris Disposal, Dump Truck and Vegetation and Fertilizer (see attached specifications) 2. Complete all in-kind work within 10 days of completion of the federal contract. If in-kind work is not completed on time, NRCS may bill the Sponsor for the estimated cost of the work. An extension may be granted due to conditions outside the control of the Sponsor. 3. Advance to the NRCS its share of the cost of construction as hereinafter provided: a. Funds in the amount of $0 are to be deposited into an escrow account for construction of the works of improvement. Documentation of the established account shall be furnished to NRCS. b. The funds in the account shall be used by NRCS issuing a reimbursable billing for payment of the Sponsor s share of the construction costs. c. As may be required in the prosecution of the work and upon notification by NRCS, the Sponsor will advance additional funds to NRCS in such amounts as may be necessary to cover the Sponsor s share of construction costs. d. Any unexpended balance remaining in the fund after final billing from NRCS may be disbursed to the Sponsor. 4. Designate the following individual as the liaison between the Sponsor and NRCS. Keith Stewart, Field Services Superintendent City of Edmond Public Works Edmond, OK

35 6. Provide certification that real property rights have been obtained for installation of emergency watershed protection measures prior to advertising. Certification will be provided on Form SCS-ADS-78, Assurances Relating to Real Property Acquisition, as amended (no attorney s opinion is required on EWP work). 7. Review and approve the final plans for the emergency watershed protection measures described in Section A. 8. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or delay in obtaining adequate land and water rights, permits, and licenses needed for the works of improvement described in Section A. 9. Any equitable adjustment made which is attributed to a differing site condition caused by the Sponsor or the landowner after the site showing is held, will be charged 100% to the Sponsor. 10. As applicable, comply with the requirements of the Special Provisions in Attachment A to this agreement. 11. Assume responsibility for operation and maintenance upon acceptance of the work by the NRCS from the contractor. 12. Assume all costs associated with any failure of the Sponsor to provide in-kind services. This may include any contractor down-time costs associated with untimely delivery of inkind services or materials. 13. Upon completion of emergency protection measures and the elimination of the threat, take action, if necessary, to bring the measures up to responsible standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the Sponsors will not be eligible for future funding under the Emergency Watershed Protection program. 14. All sites will require vegetation by the Sponsor once the construction is complete. The District Conservationist will provide vegetation plan(s) to the Sponsor. All work must be completed within 10 calendar days of completion of the construction contract. C. NRCS AGREES TO: 1. Provide a maximum of 75 percent of the cost of the emergency watershed protection measures described in Section A. The maximum cost to NRCS is $211, Contract for the emergency watershed protection measures described in Section A in accordance with Federal Acquisition Regulations. 3. Provide authorized technical services, including but not limited to obtaining basic information; preparation of the contract drawings, designs, and specifications; and performance of layout, inspection services, and quality control during construction. 3

36 4. Arrange for and conduct final inspection of the completed emergency watershed protection measures with the Sponsor to determine whether all work has been performed in accordance with the contractual requirements. Accept work from the contractor and notify the Sponsor of acceptance. 5. Bill the Sponsor for 25 percent of the work described in Section A, if not covered by inkind services. D. IT IS MUTUALLY AGREED: 1. No member of, or delegate to Congress or Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation s general benefit (FAR ). 2. In the event of default, any additional funds required to ensure completion of this project, will be provided in the same ratio as construction funds are contributed by the parties under the terms of this agreement. Any excess costs collected from the defaulting contractor or their surety are to be prorated between the Sponsor and NRCS under the same ratio as construction funds are contributed under the terms of this agreement. 3. Additional funds, properly allocable as construction costs as determined by NRCS, required as the result of a contractor s claim are to be provided in the same ratio as construction funds are contributed under the terms of this agreement. 4. The furnishing of financial and other assistance by the NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate the NRCS upon failure of the Congress to so appropriate. 5. NRCS may terminate this agreement in whole or in part when it is determined by the NRCS that the Sponsors have failed to comply with any of the conditions of this agreement. The NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments made by or recoveries made by the NRCS under this termination shall be in accord with the legal rights and liabilities of the NRCS and Sponsor. 6. This agreement may be temporarily suspended by the NRCS if it determines that corrective action by the Sponsor is necessary to meet the provisions of this agreement. Further, the NRCS may suspend this agreement when it is evident that a termination is pending. 7. By signing this agreement, the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 4

37 8. This agreement is effective the date it is signed by NRCS. It may be renegotiated, amended, extended, or modified by a written amendment as mutually agreed by both parties. EDMOND PUBLIC WORKS AUTHORITY Federal Taxpayer s I.D. # Signature: Title: Date: This action authorized at an official meeting of the Edmond Public Works Authority on the day of, Signature: Title: Date: UNITED STATES OF DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Title: State Conservationist Date: Attachment: Attachment A - Special Provisions 5

38 ATTACHMENT A - SPECIAL PROVISIONS I. DRUG-FREE WORKPLACE CERTIFICATION II. III. IV. CERTIFICATION REGARDING LOBBYING CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS 6

39 ATTACHMENT A - SPECIAL PROVISIONS The Sponsor agrees to comply with the following special provisions which are hereby attached to this agreement. I. Drug-Free Workplace. By signing this agreement, the Sponsor is providing the certification set out below. If it is later determined that the Sponsor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the NRCS, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR through ); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (I) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee s payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the grantees payroll; or employees of sub-recipients or subcontractors in covered workplaces). Certification: A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about -- and (1) The danger of drug abuse in the workplace; (2) The grantee s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; 7

40 (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph 9a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notifying the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such a conviction; (e) Notifying NRCS in writing, within ten calendar days after receiving notice under paragraph 9(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The Sponsor may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. II. Certification Regarding Lobbying (7 CFR 3018) (Applicable if this agreement exceeds $100,000) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, Member of Congress, and officer or employer of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 8

41 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The Sponsor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. III. Certification Regarding Debarment, Suspension, and Other Responsibility matters - Primary Covered Transactions, (7 CFR 3017) (1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal has one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary Sponsor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) 9

42 The Sponsor signatory to this agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is, is not, listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which he/she proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt sub-agreement. Clean Air and Water Clause (Applicable only if the agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Sponsor agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law ) and section 308 of the Federal Water Pollution Control Act (33 U.S.C et. sq., as amended by Public Law ), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub-agreement, including this subparagraph A. (4). B. The terms used in this clause have the following meanings: (1) The term Air Act means the Clean Air Act, as amended (42 U.S.C et seq., as amended by Public Law ). 10

43 (2) The term Water Act means Federal Water Pollution Control Act, as amended (33 U.S.C et seq., as amended by Public Law 92-55). (3) The term clean air standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1857c-5(d)), and approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) The term clean water standards means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (3 U.S.C. 1317). (5) The term compliance means compliance with clean air or water standards. Compliance shall also mean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or any air or water pollution control issued pursuant thereto. (6) The term facility means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations, owned leased, or supervised by a sponsor, to be utilized in the performance of an agreement or sub-agreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015, 3016, 3017, 3018, 3019, 3051 and 3052 which hereby are incorporated in this agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the NRCS or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. Retain all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular. 11

44 City Council Item # 5. C. 4. Meeting Date: 05/14/2012 Submitted For: Shannon Entz, Planning/Zoning Submitted By: Shannon Entz, Planning/Zoning Information Item Approval of budgeted funds expenditure for the City's portion of the purchase of the Citylink buses to Metro Transit; $69, Background Based on an Agreement signed in December 22, 2009, the City of Edmond is a subrecipient of the Central Oklahoma Transportation and Parking Authority (COTPA), aka, Metro Transit in Oklahoma City, for the award of Federal Transit Administration grant funds for public transportation services and equipment. Last Fall, per our request and specifications, Metro Transit ordered 3 Citylink buses and related equipment, which arrived in November and December Prior to that, staff received Council budget authority for the match, but did not specify an exact dollar amount, as the exact amount was not known at that time. The match is paid for with a grant received from the Oklahoma Department of Transportation, Public Transit Revolving Loan Fund, which was approved by the City Council on October 10, Time Frame The invoice for the match will be paid in May Issue Staff recently received the grant match amount and recommends moving forward with the payment to Metro Transit for $69, The total cost of the buses was $402,126. Two of which arrived converted to Compressed Natural Gas (CNG). These funds were also used to equip every Citylink bus with security cameras and digital audio/video recorders, essential security features for passengers, drivers and service providers. The buses range from 19 seats to 33 seats. The entire Citylink fleet is wheelchair and bicycle accessible. Recommendations Staff recommends the authorization of payment. Action Needed Motion to authorize payment to Metro Transit. Public Notification N/A Funding/Cost: $69, Budgeted Item Y/N or N/A: Y Account: Fiscal Impact

45 Citylink Contract Services

46 City Council Item # 5. C. 5. Meeting Date: 05/14/2012 Submitted For: Keith Stewart, Public Works Submitted By: Keith Stewart, Public Works Information Item Approval of an Interlocal Agreement between the City of Edmond and the Board of County Commissioners of Oklahoma County for rural roadway reconstruction improvements on 33rd/150th Street, from Hiwassee to Anderson; $236,000. Background This section of rural roadway continues to degrade and is insufficient to sustain current and anticipated daily traffic volumes. This road was not constructed with a stabilized sub-base design and is now experiencing significant degradation and failure. This mile of road is shared with the City of Oklahoma City; Edmond having responsibility for the westbound lane, and Oklahoma City having responsibility for the eastbound lane. Through the use of interlocal agreements, the City of Edmond and the City of Oklahoma City will fund the materials for the project, and Oklahoma County, District # 3, will furnish the labor and equipment. The City of Edmond has utilized these agreements in the past to reconstruct rural roadways of this nature resulting in efficiently constructed long-term rural roadway improvements. Time Frame Immediate upon approval. Issue Approval of agreement with Oklahoma County to reconstruct this section of roadway. Recommendations Staff recommends approval, pending approval of the Public Works Committee. Action Needed Motion to Approve Public Notification Posted Agenda Funding/Cost: $236,000 Budgeted Item Y/N or N/A: Y Account: Street and Alley Fiscal Impact S:\PWFS\County Projects Attachments

47 AGREEMENT BETWEEN THE CITY OF EDMOND AND THE CITY OF OKLAHOMA CITY AND THE BOARD OF COUNTY COMMISSIONERS OF OKLAHOMA COUNTY This Agreement entered into the day of, 2012, by and between The City of Edmond, hereinafter referred to as Edmond, The City of Oklahoma City, hereafter referred to as Oklahoma City and The Board of County Commissioners of Oklahoma County, hereinafter referred to as the County. WHEREAS, the north side of the mile of 33 rd Street (Oklahoma City s NE 150 th St) between Anderson Road and Hiwassee Road, a section line road and part of the County s Highway System within Edmond, is in urgent need of reconstruction; and WHEREAS, the south side of the mile of NE 150 th Street (Edmond s 33 rd St) between Anderson Road and Hiwassee Road, a section line road and part of the County s Highway System within Oklahoma City, is in urgent need of reconstruction; and WHEREAS, both cities desire to retain the use of the County s equipment and personnel to reconstruct this mile of road; and WHEREAS, it is in the mutual interest of both cities and the County to share in these improvements to this segment of 33 rd /NE 150 th Street; and WHEREAS, such contract is authorized and provided for by the provisions in Oklahoma Statutes, Title 69, 603; and, WHEREAS, these three parties shall not be liable for the acts or omissions of the other parties or for failure to inspect or supervise the performance of the each other, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: The County shall: 1. Furnish supervision, labor, equipment, surveys, materials, traffic control, and subcontractors as required to complete the work. 2. Clear the full width of the statutory right-of-way for this mile of road for safety. 3. Move all encroaching fences to the limits of the statutory right-of-way, as needed. Page 1 Reconstruction of SE 33 rd /NE 150 th St between Anderson & Hiwassee April 2012

48 4. Remove and replace existing culverts and place upstream and downstream riprap protection at each culvert crossing. 5. Widen the existing road embankment to 30 feet, to accommodate a 24 foot wide paved road with 3 foot wide shoulders. 6. Reconstruct this mile of road, centered on the section line, and as close to the existing grade as possible, to County Standards for section line roads. 7. Widen the road shoulders and install 100 feet of guard rail on each side of the road at culvert crossings. 8. Place a 42 inch wide strip of sod on each side of the road. 9. Apply thermo-plastic pavement markings. Edmond shall: 1. Reimburse the County ½ the cost of all material and sub-contractor expenses incurred in this reconstruction project and ½ of the $33,380 Lump Sum item for clearing. 2. Upon completion of the project and upon proper invoicing by the County, Edmond shall make payment within 15 days. 3. In no case will Edmond s share of the cost to complete this project exceed ½ of the estimated $472,000, provided, the work is completed within the duration of the current County contracts for Highway Materials and Supplies and Highway Construction Services both ending on June 30, The not to exceed cost will be adjusted to reflect increases and decreases in costs paid by the County for contract items used to complete this project during future contract periods without approval, regardless of cause. 4. Edmond agrees that upon completion of said project and opening of the same to traffic, Edmond shall be responsible for all needed maintenance and repairs to the north half of the road and keep the north half of the road in good and safe condition for the use and benefit of the traveling public. Oklahoma City shall: 1. Reimburse the County ½ the cost of all material and sub-contractor expenses incurred in this reconstruction project, ½ of the $33,380 Lump Sum item for clearing, and $ for the required detailed inventory of reimbursement items. 2. Upon completion of the project and upon proper invoicing by the County, Oklahoma City shall make payment within 15 days. 3. In no case will Oklahoma City s share of the cost to complete this project exceed ½ of the estimated $472,000, provided, the work is completed within the duration of the current County contracts for Highway Materials and Supplies and Highway Construction Services both ending on June 30, The not to exceed cost will be adjusted to reflect increases and decreases in costs paid by the County for contract items used to complete this project during future contract periods without approval, regardless of cause. 4. Oklahoma City agrees that upon completion of said project and opening of the same to traffic, Oklahoma City shall be responsible for all needed maintenance and repairs to the south half of the road and keep the south half of the road in good and safe condition for the use and benefit of the traveling public. This Agreement shall commence on the date by which this Agreement is executed by all three parties and will continue through completion of the project. The parties may sooner terminate this Agreement by prior written notice to the other parties 14 days prior to the termination. Each entity shall be liable for its own acts of negligence. Page 2 Reconstruction of SE 33 rd /NE 150 th St between Anderson & Hiwassee April 2012

49 APPROVED by the MAYOR and CITY COUNCIL of the CITY OF EDMOND this day of, ATTEST: MAYOR City Clerk APPROVED as to form and legality this day of, Municipal Counselor Page 3 Reconstruction of SE 33 rd /NE 150 th St between Anderson & Hiwassee April 2012

50 APPROVED by the City of Oklahoma City this day of, THE CITY OF OKLAHOMA CITY ATTEST: MAYOR City Clerk REVIEWED for form and legality. Assistant Municipal Counselor Page 4 Reconstruction of SE 33 rd /NE 150 th St between Anderson & Hiwassee April 2012

51 APPROVED this day of, BOARD OF COUNTY COMMISSIONER OKLAHOMA COUNTY Ray Vaughn, Chairman Brian Maughan, Vice Chairman Willa Johnson, Member APPROVED as to form and legality this day of, Gretchen Crawford, Assistant District Attorney ATTEST: Carolynn Caudill, County Clerk APPROVED Stacey Trumbo, PE, County Engineer Page 5 Reconstruction of SE 33 rd /NE 150 th St between Anderson & Hiwassee April 2012

52 Page Intentionally Left Blank

53 City Council Item # 6. Meeting Date: 05/14/2012 Submitted For: Betty Brinkman Information Item Approval of EPWA Meeting Minutes: April 23, EPWA Minutes Attachments

54 EDMOND PUBLIC WORKS AUTHORITY MINUTES April 23, 2012 Chairman Charles Lamb called the regular meeting of the Edmond Public Works Authority to order Monday, April 23, 2012, in the City Council Chambers. The agenda for this meeting was posted in the City First Building on April 19 th at 3:52 pm. 6. Approval of Minutes of April 9, Motion by Caldwell, seconded by Massey, to approve Minutes. Motion carried as followed: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None 7. GENERAL CONSENT ITEMS: (General Consent Items were voted on collectively except where noted.) A. Approval of Resolutions: 1) Approval of Resolution No Authorizing the Edmond Public Works Authority (The Authority ) to Issue its Sales Tax and Utility System Revenue Refunding Bonds, Series 2012A (The Bonds ) in One or More Series in the Aggregate Principal Amount of Not to Exceed $15,000,000; for the Purpose of Refunding All or a Portion of The Authority s Outstanding Sales Tax and Utility System Revenue Bonds, Series 2003; Authorizing The Sale of The Bonds at Negotiated Sale and Waiving Competitive Bidding; Approving a Certificate of Determination and a Bond Purchase or Other Agreement; Approving a Series 2012A Supplemental Bond Indenture Authorizing The Issuance and Securing the Payment of The Bonds; Approving The Official Statement or Other Offering Document Pertaining to Said Bonds and Authorizing Distribution of the Same; Approving a Security Agreement; Approving a Continuing Disclosure Agreement; Authorizing and Directing the Execution of Bonds and Other Documents Relating to the Transaction; and Containing Other Provisions Relating Thereto. 2) Approval of Resolution No Authorizing the Edmond Public Works Authority (The Authority ) to Issue its Sales Tax and Utility System Revenue Refunding Bonds, Series 2012B (The Bonds ) in One or More Series in the

55 EDMOND PUBLIC WORKS AUTHORITY APR. 23, 2012, BOOK 11, PAGE 196 Aggregate Principal Amount of Not to Exceed $18,000,000; for the Purpose of Refunding All or a Portion of Certain Outstanding Notes; Authorizing the Sale of The Bonds at Negotiated Sale and Waiving Competitive Bidding; Approving a Certificate of Determination and a Bond Purchase or Other Agreement; Approving a Series 2012B Supplemental Bond Indenture Authorizing The Issuance and Securing the Payment of The Bonds; Approving The Official Statement or Other Offering Document Pertaining to Said Bonds and Authorizing Distribution of the Same; Approving a Security Agreement; Approving a Continuing Disclosure Agreement; Authorizing and Directing the Execution of Bonds and Other Documents Relating to the Transaction; and Containing Other Provisions Relating Thereto. Motion by Waner, seconded by Caldwell, to approve General Consent Items 7.A.(1-2) and authorize the City Treasurer to take the necessary steps to effectuate the refunding of the bonds. Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None B. Approval of Purchases: 1) Approval of Change Order No. 1 with Nowak Construction Company for the Spring Creek Sanitary Interceptor, Phase 2 project in the amount of $44, ) Approval of Change Order No. 1 with Insituform Technologies, Inc. for the Original Townsite Waterline Improvements, Phase 2 project in the decreased amount of $4, ) Approval of the ninth annual renewal of an intergovernmental agreement with the City of Oklahoma City for a Regional Household Hazardous Waste Collection and Management Program. 4) Approval of extending the existing contract with Waste Management of Oklahoma for curbside recycling services consistent with provisions in the current contract, from July 1, 2012 through June 30, 2013.

56 EDMOND PUBLIC WORKS AUTHORITY APR. 23, 2012, BOOK 11, PAGE 197 Motion by Massey, seconded by Davis, to approve General Consent Items 7.B.(1-4). Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None 8. Executive Session to discuss the purchase of real property of approximately 7.13 acres, generally located in the northwest corner of I-35 and Covell Road (Executive Session authorized pursuant to 25 Okla. State. Sec. 307 (B)(3)): Motion by Waner, seconded by Davis, to meet in Executive Session based upon the advice of the General Counsel who has determined that disclosure will seriously impair the ability of the Edmond Public Works Authority to process the claim or conduct a pending investigation, litigation or proceeding in the public interest. Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None Chairman and Trustees recessed to the City Council Conference Room at 6:12 p.m. and returned to the City Council Chambers at 6:30 p.m. Motion by Caldwell, seconded by Massey, to return from Executive Session. Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None 9. Discussion and Consideration of approval of Hotel Conference Center Tract purchase contract with Covell-35 Development, LLC, for the purchase of approximately 7.13 acres of real property, generally located at the northwest corner of I-35 and Covell Road in Edmond for the development of a hotel/conference center in the approximate sum of $2,200,000 subject to adjustments for closing costs and other related fees. The initial funding for this purchase will come from the Hospital Sale Trust Fund revenues accumulated for property purchases. The conference center will contain 20,000 square feet with a 165 room, full service hotel. The hotel will be the first project developed as part of a 300 acre development on three corners of the intersection. Council

57 EDMOND PUBLIC WORKS AUTHORITY APR. 23, 2012, BOOK 11, PAGE 198 will invest a maximum of $11 million in the hotel, conference center and a 170,000 square foot indoor sports complex. Mike Fine, Best Western Hotel, addressed Council in opposition and requested additional information regarding the project. John Bunt, Pete Reeser and Ron Nutt also addressed Council in opposition. Mr. Reeser requested this item be continued until further information is available to the public. He felt the project will provide an unfair advantage because the hotel will be exempt from paying ad valorem taxes for 10 years and the sports facility for 15 years. Mr. Fine stated the Edmond Convention and Visitors Bureau will be located in the conference center further providing an unfair advantage to the proposed hotel. He was very upset because he felt the City had not researched the project thoroughly and there were too many unknown factors. Gary Bartley, a member of the Edmond Economic Development Authority (EEDA), addressed Council and stated he is associated with professional organizations that would be very interested in supporting a hotel/conference center in Edmond rather than traveling to downtown Oklahoma City for conferences. J.W. Armstrong, local developer, also addressed Council in support of the project. Leslie Batchelor, attorney representing the City, addressed Council to answer some of the questions being asked by those citizens in opposition. She stated an independent appraiser valued the property at $2.25 million and that there are no environmental issues known about. Cathy Williams-White, Edmond Convention & Visitors Bureau Director, addressed Council and stated her research and experience has shown the City is losing conference business to Oklahoma City due to the limited facilities in Edmond. Mayor Lamb stated the details of the project have not been negotiated at this point since this is the beginning stages of the project. He noted as more concrete information becomes available, Council will release the details and that additional public meetings will also be held. He stated a conference center is needed in Edmond and will bring additional visitors to the City and thus increase customers for all the hotels in the area. Councilmember Waner stated development of this intersection has been discussed for many years and represents one of the best opportunities for economic development that Edmond has experienced.

58 EDMOND PUBLIC WORKS AUTHORITY APR. 23, 2012, BOOK 11, PAGE 199 Councilmember Massey stated the project is critical to economic development and felt the City should take the lead and not wait for someone else to develop the site as that may not happen. Councilmember Davis felt the project presents a great opportunity and that the money would be an investment in the City s economic development. Councilmember Caldwell stated this is a key intersection and the project will encourage other investments in the area leading to increased economic development. Motion by Massey, seconded by Waner, to approve Item No. 9. Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None 10. Discussion and Consideration of approval of Memorandum of Understanding (MOU) with Covell-35 Development, LLC, Partners in Development, Inc., and Summit Sports Management, LLC, for the development of a hotel/conference center and sports complex in the vicinity of I-35 and Covell Road in Edmond, Oklahoma. This is a companion to the above item and is not a legally binding agreement. Ms. Batchelor stated the MOU identifies the roles of the three investment parties in order for each entity to understand the direction of the project. Mike and Chris Fine, Best Western Hotel, addressed Council in opposition. The issues raised by both were essentially the same issues addressed during the previous discussion. Ms. Batchelor and Janet Yowell, director of the EEDA, addressed several issues raised by those in attendance. Mayor Lamb reiterated that as the project develops, further details will be released. Motion by Caldwell, seconded by Davis, to approve Item No. 10. Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None

59 EDMOND PUBLIC WORKS AUTHORITY APR. 23, 2012, BOOK 11, PAGE NEW BUSINESS: None 12. Motion by Waner, seconded by Caldwell, to adjourn meeting. Motion carried as follows: AYES: NAYS: Chairman Lamb, Trustees Caldwell, Waner, Davis and Massey None Secretary Chairman

60 City Council Item # 7. A. 1. Meeting Date: 05/14/2012 Submitted For: Steve Lawrence Submitted By: Steve Lawrence, Engineering Information Item Approval of Change Order No. 2 to the Construction Contract with Young Contracting LLC for the Autumn Ridge Sanitary Sewer Project; $30, increase. Background This project included the repair of a sanitary sewer creek crossing and about 1,100 feet of sanitary sewer on the west side of the Autumn Ridge Addition that was damaged during the June, 2010 storm. Construction is complete and this change order is necessary to reconcile final quantities necessary to complete the work. This change order increases the contract by $30, The original contract amount was $298,227. The final contract amount including a previous change order will be $376, Time Frame Immediate upon approval. Issue Change order is necessary to reconcile final quantities and fairly compensate the contractor. Recommendations Staff recommends approval. Action Needed Motion to approve. Public Notification Posted EPWA agenda. Funding/Cost: $30, increase Budgeted Item Y/N or N/A: Y Fiscal Impact Account: Wastewater Treatment Plant/Sanitary Sewer Construction (Existing Line Replacement)

61 City Council Item # 8. A. Meeting Date: 05/14/2012 From: Bob Schiermeyer Department: Planning/Zoning Information RE: Case #PR Consideration of Final Plat of Arbor Creek at the Summit Section IV located one half mile north of East Second Street, north of Saints Boulevard. (Caleb McCaleb) The Planning Commission considered this item on April 17, 2012 and recommended approval by a vote of 5-0. No one appeared in objection. Caleb McCaleb is requesting approval of an acre Final Plat consisting of 43 single family lots. The lots are generally 70 x 120 or 8,400 square feet or larger. This addition will be served with full City utilities. This phase is located at the far north end of the Arbor Creek project, north and east of Saints Boulevard. Setbacks are as follows: front yard feet with most yards being 25 feet, side yard 5 feet or 15 feet on corner lots including two story homes, rear yard 12 feet. This project is zoned PUD. The previous development of this area is as follows: Arbor Creek at the Summit 8.99 acres 33 lots Arbor Creek II at the Summit acres 45 lots Arbor Creek III at the Summit acres 44 lots 122 total lots Under construction: Porches at Arbor Creek 9.57 acres 6 lots Arbor Creek at the Summit Section IV Attachments

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64 City Council Item # 9. A. Meeting Date: 05/14/2012 From: Bob Schiermeyer Department: Planning/Zoning Information RE: Case #Z Public Hearing and Consideration of Ordinance No. Amending the Edmond Plan from Single Family usage to Suburban Office usage at 2101 N. Santa Fe. (Darren Webb) Emergency app Emergency approval required. The Planning Commission considered this item on May 1, 2012 and recommended approval by a vote of 5-0. Ed Moore with the Edmond Neighborhood Alliance spoke in opposition to the request indicating he was concerned about the precedent this would set, feeling it would lead to the creep of non-compatible uses. This property is 1.29 acres on the west side of Santa Fe west of the Safi/Arledge dental office. The property contains a single family home that will be converted to an office building. The house was built in 1963, contains approximately 2,064 square feet and is one story. A new building could be constructed if desired. The following general planning considerations represent some of the factors evaluated in reviewing justifications for Plan Map Amendments. 1. Infrastructure: City water is available along Santa Fe. There is also a transmission water line that cannot be connected for individual service. There is a water main on the east side of Santa Fe that could be extended but may not be needed at this time since the house is being converted to an office and based on the small size can meet Fire Department requirements without a fire hydrant on the west side of Santa Fe. There are no sewer lines adjacent to the property but a septic tank/aerobic system is permitted for this lot size. There is already a water well and septic tank on the property. 2. Traffic: Santa Fe is planned to be an arterial street, it is not currently on an improvement schedule. The traffic counts would not justify improvements. There is a 70 feet of right-of-way on Santa Fe. 3. Existing zoning pattern: North Single Family South Cell tower, specific use permit East Office and Cedar Point entry and detention West Single Family 4. Land Use: North Undeveloped South Cell tower only East Developed with offices and detention and single family West Undeveloped 5. Density: Not applicable. The house has consistently been used as a dwelling. 6. Land ownership pattern:

65 North 80+ acres South 2 acre tract East Office size lots West Same ownership as to the north, the owner has over 100 acres at this location. 7. Physical features: Built as a rural lot home or acreage site 8. Special conditions: None 9. Location of Schools and School Land: Not applicable to this site. Cheyenne Middle School is 1 1/3 quarter mile to the east. 10. Compatibility to Edmond Plan: Generally compatible with the Edmond Plan. Dr. Safi and Arledge have built a dental office southeast of this site. Another house has been zoned on the east side of Santa Fe, west of the Cedar Point addition as a D-O Office lot. There is additional D-O office on the west side of Santa Fe south of the subject property. The southwest corner of Covell and Santa Fe is zoned D-O Suburban Office. 11. Site Plan Review: Site Plan approval is required as a second step in addition to the rezoning. Darren Webb Plan Amendment Minutes Attachments

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68 Planning Commission 38 May 1, 2012 EDMOND PLANNING COMMISSION MEETING Tuesday, May 1, :30 P.M. The Edmond Planning Commission Meeting was called to order by Chairperson Barry K. Moore at 5:30 p.m., Tuesday, May 1, 2012, in the City Council Chambers at 20 South Littler. Other members present were Robert Rainey, Bill Moyer, Mark Hoose and Kenneth Wohl. Present for the City were Robert L. Schiermeyer, City Planner; Kristi McCone, City Planner; Steve Manek, City Engineer; and Steve Murdock, City Attorney. The first item on the agenda was the approval of the April 17, 2012 Planning Commission minutes. Motion by Moyer, seconded by Hoose, to approve the minutes as written. Motion carried by a vote of 4-1 as follows: AYES: Members: Moyer, Hoose, Wohl and Chairperson Moore ABSTAIN/NAYS: Members: Rainey Commissioner Moore thanked LeRoy Cartwright and Lydia Lee for their service to the Planning Commission. The next item on the agenda was Introduction of new Planning Commissioners: Kenneth Wohl, Ward 1 and Robert Rainey, Ward 4. The next item on the agenda was Case #Z Public Hearing and Consideration of Edmond Plan Amendment from Single Family usage to Suburban Office usage at 2101N. Santa Fe. (Darren Webb) This property is 1.29 acres on the west side of Santa Fe west of the Safi/Arledge dental office. The property contains a single family home that will be converted to an office building. The house was built in 1963, contains approximately 2,064 square feet and is one story. A new building could be constructed if desired. The following general planning considerations represent some of the factors evaluated in reviewing justifications for Plan Map Amendments. 1. Infrastructure: City water is available along Santa Fe. There is also a transmission water line that cannot be connected for individual service. There is a water main on the east side of Santa Fe that could be extended but may not be needed at this time since the house is being converted to an office and based on the small size can meet Fire Department requirements without a fire hydrant on the west side of Santa Fe. There are no sewer lines adjacent to the property but a septic tank/aerobic system is permitted for this lot size. There is already a water well and septic tank on the property.

69 Planning Commission 39 May 1, Traffic: Santa Fe is planned to be an arterial street, it is not currently on an improvement schedule. The traffic counts would not justify improvements. There is a 70 feet of right-of-way on Santa Fe. 3. Existing zoning pattern: North Single Family South Cell tower, specific use permit East Office and Cedar Point entry and detention West Single Family 4. Land Use: North Undeveloped South Cell tower only East Developed with offices and detention and single family West Undeveloped 5. Density: Not applicable. The house has consistently been used as a dwelling. 6. Land ownership pattern: North 80+ acres South 2 acre tract East Office size lots West Same ownership as to the north, the owner has over 100 acres at this location. 7. Physical features: Built as a rural lot home or acreage site 8. Special conditions: None 9. Location of Schools and School Land: Not applicable to this site. Cheyenne Middle School is 1 1/3 quarter mile to the east. 10. Compatibility to Edmond Plan: Generally compatible with the Edmond Plan. Dr. Safi and Arledge have built a dental office southeast of this site. Another house has been zoned on the east side of Santa Fe, west of the Cedar Point addition as a D-O Office lot. There is additional D-O office on the west side of Santa Fe south of the subject property. The southwest corner of Covell and Santa Fe is zoned D-O Suburban Office. 11. Site Plan Review: Site Plan approval is required as a second step in addition to the rezoning. Darren Webb spoke representing the application. He indicated he preferred to convert the home and would be working with Earnest Isch on the site plan after the rezoning is approved. Ed Moore with the Edmond Neighborhood Alliance was concerned about the precedent this would set, he felt it would lead to the creep of non-compatible uses.

70 Planning Commission 40 May 1, 2012 Motion by Hoose, seconded by Moyer, to approve this request. Motion carried by a vote of 5-0 as follows: AYES: Members: Hoose, Moyer, Wohl, Rainey and Chairperson Moore NAYS: Members: None The next item on the agenda was Case #Z Public Hearing and Consideration of Rezoning from A Single Family to D-O Suburban Office located at 2101 N. Santa Fe. (Darren Webb) Darren Webb is planning to buy this 1.29 acre tract on Santa Fe if he can be approved for D-O Office zoning. Amber Dixon is the current property owner. The existing house on the property was built in 1963 and Mr. Webb plans to convert the house to an office. Mr. Webb will submit for site plan approval for the conversion of the home adding parking, drainage ( if necessary) and Building and Fire Code requirements including ADA improvements. A landscape plan will be submitted at the time of site plan approval. The existing zoning map reflects office zoning at various locations along this portion of Santa Fe. The Safi/Arledge dental office is located to the east. There is an existing house on the east side of Santa Fe that is zoned D-O, approximately 1/8 mile north of the dental office. The Cedar Point addition is located between these two office locations on the east side of Santa Fe. On the west side of Santa Fe, the southwest corner of Covell and Santa Fe is zoned D-O and there is an office tract north of the Homestead single family addition. The Homestead office was zoned as a PUD for mostly office but allowing limited retail on the front of the property. There is a cell tower immediately south of the subject lot. This 1.29 acre tract has been owned in this configuration since Motion by Moyer, seconded by Hoose, to approve this request. Motion carried by a vote of 5-0 as follows: AYES: Members: Moyer, Hoose, Wohl, Rainey and Chairperson Moore NAYS: Members: None There was no New Business. Motion by Rainey, seconded by Moyer, to adjourn. Motion carried by a vote of as 5-0 follows: AYES: Members: Rainey, Moyer, Hoose, Wohl and Chairperson Moore NAYS: Members: None Meeting adjourned at 5:37 p.m. Barry K. Moore, Chairperson Edmond Planning Commission Robert Schiermeyer, Secretary Edmond Planning Commission

71 City Council Item # 9. B. Meeting Date: 05/14/2012 From: Bob Schiermeyer Department: Planning/Zoning Information RE: Case #Z Public Hearing and Consideration of Ordinance No. Rezoning from A Single Family to D-O Suburban Office located at 2101 N. Santa Fe. (Darren Webb) The Planning Commission considered this item on May 1, 2012 and recommended approval by a vote of 5-0. Darren Webb is planning to buy a 1.29 acre tract on Santa Fe if he can be approved for D-O Office zoning. Amber Dixon is the current property owner. The existing house on the property was built in 1963 and Mr. Webb plans to convert the house to an office. Mr. Webb will submit for site plan approval for the conversion of the home adding parking, drainage and Building and Fire Code requirements including ADA improvements. A landscape plan will be submitted at the time of site plan approval. The existing zoning map reflects office zoning at various locations along this portion of Santa Fe. The Safi/Arledge dental office is located to the east. There is an existing house on the east side of Santa Fe that is zoned D-O, approximately 1/8 mile north of the dental office. The Cedar Point addition is located between these two office locations on the east side of Santa Fe. On the west side of Santa Fe, the southwest corner of Covell and Santa Fe is zoned D-O and there is an office tract north of the Homestead single family addition. The Homestead office was zoned as a PUD for mostly office but allowing limited retail on the front of the property. There is a cell tower immediately south of the subject lot. Darren Webb Rezoning Attachments

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73 City Council Item # 9. C. Meeting Date: 05/14/2012 From: Bob Schiermeyer Department: Planning/Zoning Information RE: Case #Z Public Hearing and Consideration of Ordinance No. Rezoning from G-A General Agricultural to R-1 Rural Estate located south of East Second Street, one-half mile east of Hiwassee Road. (Andy Carpenter) The Planning Commission considered this item on April 17, 2012 and recommended approval by a vote of 5-0. No one appeared in objection. Andy Carpenter requests that 21 acres of land south of Deep Fork Creek, one-half mile south of State Highway 66 and one-half mile east of the Lake Hiwassee community. Mr. Carpenter would like to divide his property in to nine, 2+ acre tracts for individual homesites. He would qualify for private streets at this location on 2 acre lots. There is no City water or sewer near this property, even though the site is near Deep Fork Creek, east of Arcadia Lake, the land is not located within a FEMA floodplain. The lot sizes would be as follows: Tract A: acres Tract B: acres Tract C: acres Tract D: acres Tract E: acres Tract F: acres Tract G: acres Tract H: acres Tract I: acres Each of these lots will be served with an individual water well and septic tank. There is already a home on one of the lots. Mr. Carpenter refers to this area as Arcadia Ridge and the street name will be Carpenter Trail. Mr. Carpenter is reserving some of the tracts as 5 acre parcels; he owns 58 acres. Edmond Electric will serve this area. Arcadia Ridge Rezoning Attachments

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