Enid City Council Minutes for January 5th, 2012

8/3/2019 Enid City Council Minutes for January 5th, 2012

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MINUTES OF REGULAR MEETING OF

MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF ENID, OKLAHOMA,TRUSTEES OF THE ENID MUNICIPAL AUTHORITY, A PUBLIC TRUST, AND

TRUSTEES OF THE ENID ECONOMIC DEVELOPMENT AUTHORITY, A PUBLIC TRUST

HELD ON THE 5TH DAY OF JANUARY 2012

The Mayor and Board of Commissioners of the City of Enid, County of Garfield, State of

Oklahoma, the Trustees of the Enid Municipal Authority, a Public Trust, and the Trustees of the Enid

Economic Development Authority, a Public Trust, met in regular meeting in the Council Chambers of the

Administration Building of the City of Enid, located at 401 West Owen K. Garriott Road in said city, at

6:30 P.M. on the 5th day of January 2012, pursuant to notice given by December 15, 2011 to the Clerk of

the City of Enid, and pursuant to notice thereof displayed on the bulletin board at the Administration

Building of said city, in prominent view and which notice was posted prior to 6:30 P.M. on the 4th day of

January 2012.

-MAYOR AND BOARD OF COMMISSIONERS-

Mayor Shewey called the meeting to order with the following members present and absent:

PRESENT: Commissioners Janzen, Stuber, Blackburn, Ritchie, Wilson, Ging and Mayor

Shewey.

ABSENT: None.

Staff present were City Manager Eric Benson, Assistant City Manager Joan Riley, City Attorney

Andrea Springer, City Clerk Linda Parks, Director of Engineering Robert Hitt, Planning Administrator

Chris Bauer, Acting Fire Chief Joe Jackson, Police Chief Brian O’Rourke, Human Resources Director

Sonya Key, Safety Director Billy McBride, and Ex-Officio Member Col. Roger Witek.

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Retired pastor Kenneth Wade gave the Invocation, and Col. Roger Witek led the Flag Salute.

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Motion was made by Commissioner Stuber and seconded by Commissioner Blackburn to approve

the minutes of the rescheduled regular Commission meeting of December 13, 2011, and the vote was as

follows:

AYE: Commissioners Janzen, Stuber, Blackburn, Ritchie, Wilson, Ging and Mayor Shewey.

NAY: None.

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Mr. David Handley and Mr. Stanley Locke presented a ten-week old female Mixed Chihuahua,

available for adoption at the Enid Animal Shelter.

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A Certificate of Achievement was presented to Mr. Michael Honigsberg, Emergency

Management Specialist, for completing the Advanced Professional Series in Emergency Management,

conducted by the U.S. Department of Homeland Security, FEMA Division.

A proclamation was presented to citizens of the Chestnut West community, recognizing them for

making improvements within their neighborhood.

A check in the amount of $5,300.00 was presented by Mr. Frank Baker, Ms. April Danahy, and

Ms. Lynne Benkendorf, coordinators of the annual Enid Paws 4 the Cause Event. The check, to be

matched by the City of Enid for a combined total of $10,600.00, will be placed in the Enid Park

Department Fund for improvements to the Dog Park.

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A hearing was conducted on the adoption of the 2009 International Plumbing Code, 2009

International Mechanical Code, 2009 International Fuel Gas Code, 2009 International Building Code,

2009, International Existing Building Code, 2009 International Residential Code, 2009 International Fire

Code, 2009 NFPA 101 Life Safety Code, and 2009 International Property Maintenance Code.

Opening comments were made by City Attorney Andrea Springer who advised commissioners

that this was the second hearing held with respect to adoption of the codes. She stated that the

International Residential Code (IRC), adopted by the State of Oklahoma, was the minimum standard that



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must be adopted. She went on to say that all appendices had been excluded from the IRC, and more

specifically, the appendix that would have required sprinkler systems in one and two-family dwellings.

She added that the provision requiring sprinkling of existing nightclub-like assembly occupancies with

capacities over 100 persons still remained in the 2009 NFPA 101 Life Safety Code.

It was noted that Mr. Bob Berry had requested to speak at the hearing, but was not in attendance.

There being no public comment, the hearing concluded.

Ms. Springer stated that the ordinance would be brought back for consideration at the January 19,

2012 Commission meeting. She added that no written comments regarding the proposed ordinance had

been received, but would be accepted to January 16, 2012.

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A hearing was conducted regarding the adoption of an ordinance governing Historical

Preservation.

Ms. Whitney Box, Assistant City Planner, advised commissioners that this was the third public

hearing regarding the proposed ordinance, and provided a brief overview of changes to the current

ordinance as follows:

• Definition of Design Guidelines was added;

• A provision allowing for a Vice-Chairman was added;

• Meeting times were changed from 5:15 to 4:00 only on the first Thursday of every month. The

third Thursday of each month will be reserved for special meetings only;

• A quorum will require a vote of four (4) people;

• Requests for demolition of properties listed on the National Register of Historic Places may be

reviewed by the Historic Preservation Commission;

• Community Development staff will be allowed to approve, on site, Certificates of Appropriateness for changes in paint color, fences, replacement of driveways, roofs or shingles,

and any changes to non-historic features that are not visible from the street.




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It was noted that the ordinance would be brought back for consideration at the January 19, 2012

Commission meeting.

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A hearing was conducted regarding the adoption of an ordinance regulating parking spaces. It

was noted that this was the third public hearing regarding the proposed ordinance.

An overview of changes to the current ordinance was presented by Ms. Springer. Proposed

changes were as follows:

• Section 11-12-1 - Parking Space Defined: Provides definition of parking space, and will allow,

but not require, parking spaces to be larger than 180 square feet;

• Section 11-12-2 - Off Street Parking Required: Changes “which” to “when the” for clarification;

Adds “changed” to require compliance with the ordinance only when a principal use, building or structure is changed, erected or enlarged;

• Section 11-12-3 - Schedule of Parking Space Requirements: Clarifies that Physically Disabled

Parking is required in addition to the other parking spaces required, and complies with Federal

and State laws as amended;

• Section 11-12-4 – Development and Use of Parking Spaces: (1) Requires that parking spaces behard-surfaced and lists approved materials, such as concrete, asphalt, paving stones, and brick.

Other hard materials could be approved through the Board of Adjustment; (2) Parking spaces for

principal uses, buildings and structures within the “C-4” Central business District must be within¼ mile of the principle building or structure. However, where more than 50% of required parking

spaces are greater than 1/8 of a mile from the principal building or structure, the parking planmust be approved by the Mayor and Board of Commissioners at a public hearing, and requires

that approval must be recorded with County; and (3) Prescribes the mode and manner for Physically Disabled Parking, which is to comply with the American Disabilities Act and any

other applicable Federal, State and Local laws.



Ms. Springer stated that the ordinance would be brought back for consideration at the January 19,

2012 Commission meeting. She added that no written comments regarding the proposed ordinance had

been received, but would be accepted to January 16, 2012.

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A hearing was conducted regarding the adoption of an ordinance regulating signs within the city

of Enid.

Ms. Box advised commissioners that this was the third public hearing regarding the proposed

ordinance, noting that written and verbal comments received at the prior hearings had been considered.

Added and amended definitions were noted, as well as proposed changes regarding bonding and licensing

of contractors, permits and inspections, general regulations for all signs, regulations by zoning district or

special area, size, location and other restrictions, illegal, and non-conforming and unused signs.


Comments were received from Mr. Steve Biddle, acknowledging efforts of staff to encourage

public input regarding changes to the current ordinance.

Ms. Box stated that the ordinance would be brought back for consideration at the January 19,

2012 Commission meeting. She added that written comments regarding the proposed ordinance would be

accepted to January 16, 2012.

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Motion was made by Commissioner Ritchie and seconded by Commissioner Ging to remove

from the table, a resolution and proclamation calling an election to amend the Enid Municipal Charter to

extend the right to organize and bargain collectively to all non-management/confidential permanent City

employees, and call a special election proclamation and notice for this resolution. It was noted that the

resolution and proclamation were tabled at the December 13, 2011 Commission meeting. The vote was

taken as follows:


NAY: None.

Mr. Michael Goodpasture, President of the American Federation of State, County and Municipal

Employees (AFSCME) Local #1136, addressed the Commission. He stated that the Charter amendment

would extend the right of all non-management/confidential permanent City employees to organize and

bargain collectively, recognize a bargaining unit of City employees for the purpose of bargaining



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collectively with the City of Enid, and prohibit the right to strike or engage in any work stoppage or

slowdown. He asked that the Commission consider approval of the resolution and proclamation to allow

the citizens of Enid the right to vote on said issue at a special election on June 26, 2012.

Mr. Tom Hight, Mr. Alan Peterson, and Ms. Juanita Gates, employees of the City of Enid,

addressed the Commission, asking for their support in allowing the citizens of Enid the right to decide

said measure.

Following brief discussion, motion was made by Commissioner Ging to deny the resolution and

proclamation, and encouraged the bargaining unit to follow the initiative petition process to hold said

election.

Motion was seconded by Commissioner Ritchie, and the vote was as follows:


NAY: None.

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Motion was made by Commissioner Ritchie and seconded by Commissioner Janzen authorizing

final payment in the amount of $185,688.40 to Flintco, LLC, due to termination of the Construction

Manager at Risk contract for the Enid Renaissance Project, and the vote was as follows:


NAY: None.

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Motion was made by Commissioner Stuber and seconded by Commissioner Blackburn to approve

Change Order No. 4 with Wynn Construction Co., Inc., for S-0703E, Water Reclamation Facility Project,

which will: 1) Provide additional earthwork to remove rock encountered during placement of the influent

line across the creek at the new influent lift station, and at the stormwater discharge structure; 2) Provide

additional earthwork and rip-rap at the stormwater discharge structure at Boggy Creek; 3) Add a furnace

and kiln hood in the laboratory to improve heat exhaust and ventilation; 4) Add additional controls and



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fire alarms to the service pump station; and 5) Adjust blower air piping, at an additional amount of

$279,646.72, for a total revised contract amount of 34,206,524.75. The vote was taken as follows:


NAY: None.

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Motion was made by Commissioner Janzen and seconded by Commissioner Stuber to award and

execute a contract with Poe & Associates, Inc., Oklahoma City, Oklahoma, for R-1108B, Design of the

South 42nd Street Over Boggy Creek Bridge Structure, known locally as Bridge Structure Number

(G-33), at a cost not to exceed $208,000.00, and the vote was as follows:


NAY: None.

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Motion was made by Commissioner Ritchie and seconded by Commissioner Ging to approve

staff recommendations on the following Consent Items as listed, and the vote was as follows:


NAY: None.

(1) Denial of tort claims submitted by Aaron Harding, Galen Coffin, and Clifford Latshaw;

(2) Acceptance of the following described Easement for Public Utilities from Belle CrossingDevelopers, LLC, in Blocks 1, 2, 3 & 4, Belle Crossing Addition:

(Copy Description)

(3) Approval of property acquisition, and acceptance of the following described Dedication

Deed from The Christ Methodist Church of Enid, for property in the N.E./4 of Section11-22-7, located at 2418 West Randolph Avenue, in conjunction with M-0906A, Safe

Routes to School Program Project:

(Copy Description)

and



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(6) Allowance of the following claims for payment as amended:

(List Claims)

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Mayor Shewey recessed the meeting to convene as the Enid Municipal Authority.

-TRUSTEES OF THE ENID MUNICIPAL AUTHORITY-

PRESENT: Trustees Janzen, Stuber, Blackburn, Ritchie, Wilson, Ging, Chairman Shewey, Trust

Manager Eric Benson, and Secretary Linda Parks.

ABSENT: None.

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Motion was made by Trustee Ritchie and seconded by Trustee Wilson to approve a contract with

Kennith P. May and Mary J. May as Trustees of the Kennith P. May and Mary J. May Living Trust, and

Christopher Perry May, an individual, to acquire water rights located in the S.W./4 of Section 2-22-12,

Major County, at a cost of $80,000.00, and the vote was as follows:

AYE: Trustees Janzen, Stuber, Blackburn, Ritchie, Wilson, Ging and Chairman Shewey.

NAY: None.

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Motion was made by Trustee Ritchie and seconded by Trustee Wilson to allow the following

claims for payment as listed, and the vote was as follows:


NAY: None.

(List Claims)

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Chairman Shewey adjourned the meeting to convene as the Enid Economic Development

Authority.



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-TRUSTEES OF THE ENID ECONOMIC DEVELOPMENT AUTHORITY-

PRESENT: Trustees Janzen, Stuber, Blackburn, Ritchie, Wilson, Ging, Chairman Shewey,

General Manager Eric Benson, and Secretary Linda Parks.

ABSENT: None.

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Motion was made by Trustee Ritchie and seconded by Trustee Wilson to allow the following

claims for payment as listed, and the vote was as follows:


NAY: None.

(List Claims)

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Mayor Shewey adjourned the meeting to reconvene as the Enid City Commission.

-MAYOR AND BOARD OF COMMISSIONERS -

Mr. Chip McCoy addressed the Commission regarding the proposed sign ordinance. He stated

that in many instances, commercial leases of property are tied to the size and position of signs, and asked

that commissioners carefully deliberate requirements relating to the size and set back of signs from the

street.

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Motion was made by Commissioner Ritchie and seconded by Commissioner Wilson to convene

into Executive Session to perform the annual performance evaluation of City Manager Eric Benson, and

to consider renegotiating and/or renewing the employment contract with City Manager Eric Benson,

pursuant to 25 Okla. Stat. 307(B)(1), “Employment, hiring, appointment, promotion, demotion,

disciplining, or resignation of any individual salaried employee”, and the vote was as follows:



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NAY: None.

The meeting convened into Executive Session at 8:12 P.M.

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In Executive Session the Commission conducted the annual performance evaluation of City

Manager Eric Benson, and considered renegotiating and/or renewing the employment contract with City

Manager Eric Benson.

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Motion was made by Commissioner Stuber and seconded by Commissioner Wilson to reconvene

into regular session, and the vote was as follows:


NAY: None.

The meeting convened into regular session at 9:13 P.M.

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Motion was made by Commissioner Stuber and seconded by Commissioner Wilson to approve an

Employment Agreement with Stephen Eric Benson to January 15, 2013, effective January 6, 2012, and

the vote was as follows:


NAY: None.

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There being no further business to come before the Board at this time, motion was made by

Commissioner Stuber and seconded by Commissioner Wilson that the meeting adjourn, and the vote was

as follows:


NAY: None.

The meeting adjourned at 9:15 P.M.

Documents

Enid City Council Minutes for January 5th, 2012