MINUTES CITY COUNCIL OF DEL CITY REGULAR MEETING March 18, :00 P.M SE 15 th Street City Hall

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MINUTES

CITY COUNCIL OF DEL CITY REGULAR MEETING

March 18, 2013 – 6:00 P.M. 3701 SE 15th Street – City Hall

(Agenda posted on the council bulletin board at 5:00 p.m. on March 15, 2013.)

1. CALL TO ORDER AT 6:00 P.M. BY MAYOR BRIAN LINLEY

2. ROLL CALL

In Attendance: Council Members Mike Grimmett, Ken Bartlett, Sam Tesney, and Mayor Linley

Absent: Council Member Giles

City Employees: City Manager Mark Edwards and City Clerk Carol Noble City Attorney Jack Fried

3. INVOCATION – Given by Ken Bartlett

PLEDGE OF ALLEGIANCE – Led by City Attorney Jack Fried

PROCLAMATION:

Vietnam Veterans Day Read by Mayor Brian Linley 4. PUBLIC AND COUNCIL INPUT

A. Public: None

B. Council: Council Member Bartlett stated that traffic light at SE 29th_{and Sooner}

needs repaired and asked about the aerial photography status.

5. CITY MANAGER’S REPORT:

Mid Del 100 Banquet will be on Thursday, March 14th. Budget Process-looking at staff reduction

CITY CLERK’S REPORT City Clerk Carol Noble reported

Sales Tax up $272,143 (4.39%) Use Tax up $12,174 (11.37%) Tobacco Tax down ($9,422) (10.29%) 6. CONSENT DOCKET

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Discussion, consideration, possible action to approve the following items by unanimous consent, with one motion:

A. Approve budget amendment for FY 2012-2013, as shown in Exhibit A to the Council agenda.

B. Approve minutes of regular meeting of the Council of March 4, 2013.

C. Approve blanket purchase order for Fleet Maintenance Division for FY 2012-2013 under account 01-518-218. Requested by Public Works Director Bill Graham

01-0561 ATC Freightliner $ 500.00 01-0316 Advance Auto Parts 750.00 01-0750 AutoZone 750.00 01-0050 FleetPride 1,000.00 01-0081 Hudiburg Chevrolet 500.00

Total $3,500.00

MOTION: TO APPROVE CONSENT DOCKET ITEMS A AND B

MOVED BY: BARTLETT SECOND: GRIMMETT AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

RECESS TO EDA AT 6:15 P.M.

MOVED BY: GRIMMETT SECOND: TESNEY AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

RECONVENE AT 6:25 P.M.

MOVED BY: GRIMMETT SECOND: BARTLETT AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

7. RESOLUTION – SALES TAX REVENUE NOTE, SERIES 2013

To approve Resolution No. 03-18-13A, approving the incurrence of indebtedness by the Del City Economic Development Authority (the “Authority”) issuing its Sales Tax Revenue Note, Series 2013 (the “Note”); providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture, authorizing the issuance of said Note; waiving competitive bidding with respect to the sale of said Note and approving the proceedings of the Authority pertaining to the sale of said Note; approving and authorizing execution of a Sales Tax Agreement by and between the City of Del City, Oklahoma (the

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“City”) and the Authority pertaining to the year-to-year pledge of certain sales tax revenues; establishing the City’s reasonable expectation with respect to the issuance of tax-exempt obligations by or on behalf of said City in calendar year 2013, and designating the Note as a qualified tax-exempt obligation; and containing other provisions relating thereto; authorize Mayor to endorse same.

MOTION: TO APPROVE RESOLUTION 03-18-13A; AUTHORIZE MAYOR TO ENDORSE.

MOVED BY: BARTLETT SECOND: TESNEY AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

8. NOMINATIONS/REAPPOINTMENTS – DEL CITY HOUSING AUTHORITY To approve Mayor’s nominations for reappointment of Lenora Belle Fleming, Luis Rosa-Berrios and Dick Carter to Del City Housing Authority positions, said terms not to exceed March 8, 2016.

MOTION: TO APPROVE MAYOR’S NOMINATIONS FOR REAPPOINTMENT OF LENORA BELLE FLEMING, LUIS ROSA-BERRIOS AND DICK CARTER TO DEL CITY HOUSING AUTHORITY POSITIONS SAID TERMS NOT TO EXCEED MARCH 8, 2016.

MOVED BY: LINLEY SECOND: GRIMMETT

AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

9. REQUEST FOR PROPOSAL (RFP) NO. 1314 – PUBLIC WORKS VEHICLES

To approve the refusal of the bids received for RFP No. 1314 – Public Works Vehicles. Staff recommends advertising the Request for Proposal again to develop additional interest for the proposal.

MOTION: TO APPROVE THE REFUSAL OF THE BIDS RECEIVED FOR RTP NO. 1314-PUBLIC WORKS VEHICLES.

10. CONSTRUCTION MANAGEMENT AGREEMENT WITH CMS WILLOWBROOK To approve construction management agreement with CMS Willowbrook for the purposes of coordination and oversight of all aspects of construction of sales tax projects as approved by Council and management; authorize Mayor to endorse same; and direct staff accordingly.

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MOTION: TO APPROVE CONSTRUCTION MANAGEMENT AGREEMENT WITH CMS WILLOWBROOK FOR THE PURPOSES OF COORDINATION AND OVERSIGHT OF ALL ASPECTS OF CONSTRUCTION OF SALES TAX PROJECTS; AUTHORIZE MAYOR TO ENDORSE SAME

Cary Dehart, CMS Willowbrook explained the contract and proposed scope of work and fees. 11. REZONING – PC/RZ 407-13 – NE 4TH AND VICKIE DRIVE

A. Staff Report

To approve receiving staff report on this application for rezoning.

MOTION: TO APPROVE RECEIVING STAFF REPORT ON THIS APPLICATION FOR REZONING

MOVED BY: GRIMMETT SECOND: BARTLETT AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

Community Services Director Tom Leatherbee explained application.

B. Public Hearing

To approve holding a public hearing on this application for rezoning.

MOTION: TO OPEN PUBLIC HEARING

Cooper Scott, Scott Group, Project manager of construction explained type of business proposed.

MOTION: TO CLOSE PUBLIC HEARING

MOVED BY: TESNEY SECOND: GRIMMETT

C. Action on Application

To approve or approve with modifications or not approve the above-referenced application for rezoning; approve addition of this property to I-2

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(Heavy Industrial) zoning district; and approve appropriate revision to the City’s Official Zoning Map.

MOTION: TO APPROVE THE ABOVE REFERENCED APPLICATION FOR REZONING; APPROVE ADDITION OF THIS PROPERTY TO I-2 (HEAVY INDUSTRIAL) ZONING DISTRICT; AND APPROVE REVISION TO THE CITY’S OFFICIAL ZONING MAP.

12. EXECUTIVE SESSION

To approve recessing to executive session pursuant to the Oklahoma Open Meeting Act, 25 O.S. § 301 et seq., for the purpose of the following:

A. Discussion concerning the purchase or appraisal of real property pursuant to 25 O.S. § 307(B) (3).

B. Discussion concerning matters pertaining to economic development, including the transfer of property, financing or the creation of proposal to entice a business to locate within the City of Del City as provided in 25 O.S. § 307(C)(10

C. Discussion concerning pending investigations, claims, and actions pursuant to 25 O.S. § 307(B) (4).

City Attorney Jack Fried stated in his opinion these matters qualify for Executive Session

MOTION: TO RECESS TO EXECUTIVE SESSION AT 6:45 P.M.

MOVED BY: TESNEY SECOND: BARTLETT AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

RECONVENE AT 7:50 P.M.

13. ACTION FROM EXECUTIVE SESSION

A. Discussion, consideration, possible action, if any, deemed appropriate arising from discussions held in executive session concerning matters pertaining to the purchase or appraisal of real property.

MOTION: TO PROCEED AS DISCUSSED IN EXECUTIVE SESSION

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B. Discussion, consideration, possible action deemed appropriate, if any, arising from discussions held in executive session concerning matters pertaining to economic development, including the transfer of property, financing or the creation of a proposal to entice a business to locate within the City of Del City.

MOTION: TO PROCEED AS DISCUSSED IN EXECUTIVE SESSION

C. Discussion, consideration, possible action deemed appropriate, if any, arising from discussions held in executive session concerning pending investigations, claims, and actions.

MOTION: TO PROCEED AS DISCUSSED IN EXECUTIVE SESSION

14. RESOLUTION – INTENT TO CONSIDER APPROVAL OF A PROJECT

To approve Resolution No.03-18-13B, declaring the intent to consider approval of a project under the Local Development Act, directing preparation of a Project Plan and referring to Planning Commission for recommendation; authorize Mayor to endorse same.

MOTION: TO APPROVE RESOLUTION 03-18-13B; AUTHORIZE MAYOR TO ENDORSE SAME

15. CONTRACT WITH COMCD AND NORMAN

To approve contract between the City of Del City, Del City Municipal Services Authority, Central Oklahoma Master Conservancy District, and the Norman Utilities Authority of the City of Norman for the contractual sale of surplus water allocation on an as-needed basis, authorize Mayor to endorse said agreement; and direct staff accordingly.

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MOTION: TO APPROVE CONTRACT BETWEEN THE CITY OF DEL CITY, DEL CITY

MUNICIPAL SERVICES AUTHORITY, CENTRAL OKLAHOMA MASTER CONSERVANCY DISTRICT, AND THE NORMAN UTILITIES AUTHORITY OF THE CITY OF NORMAN FOR THE CONTRACTUAL SALE OF SURPLUS WATER ALLOCATION ON AN AS-NEEDED BASIS, AUTHORIZE MAYOR TO ENDORSE SAID AGREEMENT.

16. COUNCIL INPUT: NONE 17. ADJOURNMENT

MOTION: TO ADJOURN AT 7:55 P.M.

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3-18-13 MINUTES

DEL CITY MUNICIPAL SERVICES AUTHORITY REGULAR MEETING

1. CALL TO ORDER AT 7:55 P.M. BY CHAIRMAN LINLEY

2. ROLL CALL

In Attendance: Trustees Mike Grimmett, Ken Bartlett, Sam Tesney, and Chairman Linley

Absent: Trustee Bill Giles

City Employees: City Manager Mark Edwards, City Clerk Carol Noble, City Attorney Jack Fried.

3. PUBLIC AND TRUSTEE INPUT A. Public: -None

B. Trustees: - None

4. MANAGER'S REPORT: None 5. CONSENT DOCKET

Discussion, consideration, possible action to approve the following items by unanimous consent, with one motion:

A. Approve budget amendment for FY 2012-2013, as shown in Exhibit A to the DCMSA agenda.

B. Approve minutes of regular meeting of the DCMSA of March 4, 2013

C. Approve blanket purchase order for Fleet Maintenance Division for FY 2012-2013 under account 20-530-218.

01-0634 NAPA $1,000.00 01-0354 O’Reilly 500.00

Total $1,500.00

D. Approve blanket purchase order to NAPA in the amount of $750.00 from Account No. 20-534-218 for Fleet Maintenance Division for FY 2012-2013.

MOTION: TO APPROVE CONSENT DOCKET

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6. CONSTRUCTION MANAGEMENT AGREEMENT WITH CMS WILLOWBROOK To approve construction management agreement with CMS Willowbrook for the purposes of coordination and oversight of all aspects of construction of sales tax projects as approved by Council and management; authorize Trust Chairman to endorse same; and direct staff accordingly.

MOTION

:

TO APPROVE CONSTRUCTION MANAGEMENT AGREEMENT WITH

CMS WILLOWBROOK FOR THE PURPOSES OF COORDINATION AND OVERSIGHT OF ALL ASPECTS OF CONSTRUCTION OF SALES TAX PROJECTS AS APPROVED BY COUNCIL AND MANAGEMENT; AUTHORIZE TRUST CHAIRMAN TO ENDORSE SAME

MOVED BY: BARTLETT SECOND: TESENY AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

7. CONTRACT WITH COMCD AND NORMAN

To approve contract between the City of Del City, Del City Municipal Services Authority, Central Oklahoma Master Conservancy District, and the Norman Utilities Authority of the City of Norman for the contractual sale of surplus water allocation on an as-needed basis, authorize Trust Chairman to endorse said agreement; and direct staff accordingly. .

MOTION: TO APPROVE CONTRACT BETWEEN THE CITY OF DEL CITY, DEL CITY

MUNICIPAL SERVICES AUTHORITY, CENTRAL OKLAHOMA MASTER CONSERVANCY DISTRICT, AND THE NORMAN UTILITIES AUTHORITY OF THE CITY OF NORMAN FOR THE CONTRACTUAL SALE OF SURPLUS WATER ALLOCATION ON AN AS-NEEDED BASIS, AUTHORIZE TRUST CHAIRMAN TO ENDORSE SAID AGREEMENT

MOVED BY: BARTLETT SECOND: TESNEY

10. TRUST INPUT: NONE. 11. ADJOURNMENT

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3-18-13 MOVED BY: GRIMMETT SECOND: TESNEY

Approved this 1st day of April, 2013

MINUTES

DEL CITY ECONOMIC DEVELOPMENT AUTHORITY REGULAR MEETING

1. CALL TO ORDER AT 6:15 P.M. BY CHAIRMAN BARTLETT

2. ROLL CALL

In Attendance: Trustees Mike Grimmett, Brian Linley, Sam Tesney, and Chairman Ken Bartlett

Absent: Trustee Bill Giles

City Employees: City Manager Mark Edwards, City Clerk Carol Noble, City Attorney Jack Fried.

3. PUBLIC AND TRUSTEE INPUT A. Public: -None

B. Trustees: - None 4. MINUTES

To approve minutes of regular meeting of the DCEDA of March 4, 2013.

MOTION: TO APPROVE MINUTES

AYES: GILES, GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

5. RESOLUTION – SALES TAX REVENUE NOTE, SERIES 2013

To approve Resolution No. 03-18-13A, authorizing the Del City Economic Development Authority (the “Authority”) to issue its Sales Tax Revenue Note, Series 2013 (the “Note”) in the aggregate principal amount of $7,250,000; waiving

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competitive bidding and authorizing the Note to be sold on a negotiated basis; approving and authorizing execution of a Sales Tax Agreement by and between the City and the Authority pertaining to a year-to-year pledge of certain sales tax revenue; approving and authorizing execution of a Note Indenture authorizing the issuance and securing the payment of the Note; providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture; authorizing and directing the execution of the Note and other documents relating to the transaction, including professional services agreements; establishing the Authority’s reasonable expectation with respect to the issuance of tax-exempt obligations by the Authority in calendar year 2013, and designating the Note as a qualified tax-exempt obligation; and containing other provisions relating thereto; authorize Trust Chairman to endorse same.

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MOTION: TO APPROVE RESOLUTION 03-18-13A; AUTHORIZE TRUST CHAIRMAN TO ENDORSE SAME

Jon Wolff explained revenue note.

AYES: GILES, GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE

6. TRUST INPUT: NONE 7. ADJOURNMENT

MOTION: TO ADJOURN AT 6:25 P.M.

MOVED BY: GRIMMETT SECOND: LINLEY AYES: GRIMMETT, BARTLETT, LINLEY, AND TESNEY NAYS: NONE