r. 1/lu )v /i . - y r city... · building code commission adopted the international code council...

STATE OF OKLAHOMA / (r

~~r l City of Bixby F ~ r. I\\ 1/lu )V /I ._-City Council Y 0 , 1 --' \ ) ~~ .

Minutes ~ /1 t~- J ~ r~.b ' IL CLt9 Wk. City of Bixby, Oklahoma Municipal Building ' I. p;J' ... / ' r I { ,, ;~

116 W. Needles, Bixby, OK 74008 V\J 11-/-- j}c: .· ' 1

~.....- November 131h'2012 6:00P.M. t/jt·' ', .J

The agenda for the regularly scheduled meeting of the City of Bixby was posted on the bulletin board at City Hall on November 9th 2012 at 5:00p.m.

Mayor Bowen called the meeting to order at 6:05p.m. all members were present, City Clerk Yvonne Scott called roll.

Members Present Bowen Todoroff Guthrie Loudermilk Easton

PLEDGE OF ALEGIANCE

Jo Jennings gave the invocation

Mayor Bowen said Item #1 on the Consent Agenda is: CITY CLERKS REPORT Consider and approve:

Staff Present Patrick Boulden, Attorney Betty Koehn, Treasurer Doug Enevoldsen, City Manager Bea Aamodt, PW Director Ike Shirley, Police Chief Erik Enyart, City Planner Steve Abel, Fire Chief Jared Cottle, City Engineer Yvonne Scott, City Clerk

a) Approval of minutes for city council regular meeting dated 10/22112. b) Bill claim list. c) Bixby Municipal court monthly report for October, 2012. d) Purchase Orders request to replace tires of the Cemetery backhoe in the amount of

$1,720. e) Increase to October 8, 2012 Council approval for printing and postage for the City

Newsletter by an additional $392.86. f) Endorse 2013"0ne Voice" Regional Legislative Agenda

Mayor Bowen asked if there are any corrections or amendments to the consent agenda. Councilman Loudermilk asked to pull item #F.

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Mayor Bowen asked for motion on the consent agenda, Councilman Todoroff made motion to approve the consent agenda for the exception of item F, seconded by Councilman Guthrie.

Carried 5-0 Todoroff Yes Guthrie Yes Loudermilk Yes Easton Yes Bowen Yes

Item F: Councilman Loudermilk asked City Manager Doug Enevoldsen what was agreed to on the One Voice agenda, Doug stated that Oklahoma is unique in its funding, most states fund there municipalities. Oklahoma is one of only 17 states that provide municipalities with only one source of revenue, and the only state to restrict cities solely to sales tax. The lack of diversity in revenue streams, coupled with the volatility of sales tax revenue in a poor economy, leaves municipalities budgets subject to large fluctuations and creates an overemphasis on growing retail sales.

Mayor Bowen asked for a motion to approve item #F, Councilman Loudermilk made motion to approve, seconded by Vice-Mayor Easton.

Carried 5-0 Loudermilk Yes Easton Yes Todoroff Yes Guthrie Yes Bowen Yes

Mayor Bowen said Item #1 on the Regular agenda is: Discussion and consideration of a contract with Tulsa County for the Fiscal Year 2012 Tulsa Urban County CDBG for the Original Township and Midland Addition Drainage Improvements Part 2 project.

Presented by: Erik Enyart Other who spoke:

City Planner Erik Enyart stated this contract is for the Original Township and Midland Addition Drainage Improvements Part 2 projects, Erik asked if there were any questions.

Mayor Bowen asked for a motion on item #1, Councilman Todoroff made motion to approve, seconded by Vice-Mayor Easton.

Carried 5-0 Todoroff Yes

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Easton Loudermilk Guthrie Bowen

Yes Yes Yes Yes

Mayor Bowen said Item #2 on the Regular Agenda is: Discussion and consideration of an ordinance to amend the Zoning Code to exempt certain public entities from landscaping requirements

Presented by: Erik Enyart Others who spoke:

Erik stated that this item was brought back from the last months council meeting to modify the amendment and to address some concerns by council.

Discussion Ensued No action taken

Mayor Bowen said Item #3 on the Regular Agenda is: Discussion and possible action to attach an Emergency Clause to the previous item ordinance.

Presented by: Erik Enyart Others who spoke: No action taken.

Mayor Bowen said Item #4 on the Regular Agenda is: Discussion and possible action to approve a Preliminary Plat and a Final Plat and certain Modifications/Waivers for "Southridge at Lantern Hill," a resubdivision of all of Lantern Hill, located at 1461

h St. S. and Sheridan Rd.

Presented by: Erik Enyart Other who spoke: Erik stated that Staff and Planning Commission concur in recommending approval of the Preliminary Plat and Final Plat with corrections, modifications, and conditions of Approve for Southridge at Lantern Hill located at 146111 St. S. and Sheridan Rd. Vice-Mayor as does this work with the developer, Erik stated yes.

Mayor Bowen asked for a motion on item #4, Vice-Mayor Easton made motion to approve, seconded by Councilman Loudermilk.

Carried 5-0 Easton Loudermilk Todoroff Guthrie

Yes Yes Yes Yes

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Bowen Yes

Mayor Bowen said Item #5 on the Regular Agenda is: Discussion and possible action to accept the dedication of right-of-way and a General Utility Easement for property located at 11270 S. 109th E. Ave.

Presented by: Erik Enyart Others that spoke:

Mayor Bowen asked for a motion on item #5, Vice-Mayor Easton made motion to approve with the approval ofthe City Attorney, seconded by Councilman Loudermilk.

Carried 5-0 Easton Yes Loudermilk Yes Todoroff Yes Guthrie Yes Bowen Yes

Mayor Bowen said Item #6 on the Regular Agenda is: Discussion and possible action to approve a Waiver of the platting requirement per Zoning Code Section 11-8-13 for property located at 11270 S. 1 09th E. Ave.

Presented by: Erik Enyart Others who spoke:

Mayor Bowen asked for a motion on item #6, Councilman Todoroff made motion to approve, seconded by Councilman Loudermilk.

Carried 5-0 Todoroff Yes Loudermilk Yes Easton Yes Guthrie Yes Bowen Yes

Mayor Bowen said Item #7 on the Regular Agenda is: Consider and take action on Ordinance Number 2096, amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 2, "Building and Related Codes", by adopting the ICC 2009 International Building Code and the ICC 2009 International Existing Building Code as part of Bixby's ordinances.

Presented by: Patrick Boulden Others who spoke:

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pboulden

Highlight

City Attorney stated that this is the 2009 International Building Code and 2009 International Existing Building Code with modifications, by the Oklahoma Uniform Building Code Commission. All municipalities in the state of Oklahoma adopting and enforcing building code regulations are required by state law to adopt these codes effective November 1, 2012.

Mayor Bowen asked for a motion on item #7. Councilman Todoroff made motion to approve, seconded by Councilman Guthrie.


Mayor Bowen said Item #8 on the Regular Agenda is: Consider and take action on attaching an Emergency Clause to the previous item ordinance.


City Attorney read the public purpose which states that an emergency is hereby declared to exist for the preservation of the public peace, health and safety and, more particularly, to expedite the protection of citizens and the general public occupying and using buildings and structures within the corporate limits of the City of Bixby, by reason whereof this ordinance shall take effect immediately from and after its passage and approval.

Mayor Bowen asked for a motion on item #8, Councilman Todoroff made motion to approve, seconded by Councilman Guthrie.

Carried 5-0 Todoroff Yes Guthrie Yes Loudermilk Yes Guthrie Yes Bowen Yes

Mayor Bowen said Item #9 on the Regular Agenda is: Consider and take action on Ordinance Number 2097, amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 2, "Building and Related Codes", amending portions of the ICC 2009 International Residential Code as part of Bixby's ordinances.


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pboulden

Highlight

City Attorney Patrick Boulden stated that effective July 15, 2011; the Oklahoma Uniform Building Code Commission adopted the International Code Council 2009 International Residential Code as a state standard. All municipalities in the state of Oklahoma adopting and enforcing building code regulations are required by state law to adopt this code which regulates construction for all one-and two-family and townhouse residential structures.

Mayor Bowen asked for a motion on item #9, Councilman Guthrie made motion to approve, seconded by Vice-Mayor Easton.

Carried 5-0 Guthrie Yes Easton Yes Todoroff Yes Guthrie Yes Bowen Yes



City Attorney Patrick Boulden read the public purpose which states to expedite the protection of citizens housed in on-and tow-family dwellings, by reason whereof this ordinance shall take effect immediately from and after its passage and approval.

Mayor Bowen asked for a motion on item #10, Vice-Mayor Easton made motion to approve, seconded by Councilman Todoroff.

Carried 5-0 Easton Yes Todoroff Yes Loudermilk Yes Guthrie Yes Bowen Yes

Mayor Bowen said Item #11 on the Regular Agenda is: Consider and take action on Ordinance Number 2098, amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 3, "Electrical Code", by adopting the National Electrical Code, 2011 Edition (NFPA 70-2011) as part of Bixby's ordinances.

Presented by: Patrick Boulden Other who spoke:

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pboulden

Highlight

City Attorney stated that effective November 1, 2012 the 2011 National Electrical Code was adopted with modifications, by the Oklahoma Uniform Building Code Commission. This code establishes the minimum electrical code standards for the control of electrical system and equipment located in buildings and structures and their associated construction, excluding one and two-family dwellings, adoption of the 2011 NEC is required so that Bixby's ordinances are consistent with state standards.

Mayor Bowen asked for a motion on item# 11 , Councilman Todoroff made motion to approve, seconded by Vice-Mayor Easton.




City Attorney Patrick Boulden read the public purpose which states to expedite the protection of citizens and the general public, safeguarding life and property from electrical hazards and devices, and related conditions which are hazardous to life and property in the occupancy of buildings and premises within the corporate limits of the City of Bixby, by reason whereof this ordinance shall take effect immediately form and after its passage and approval.



Mayor Bowen said Item #13 on the Regular Agenda is: Consider and take action on Ordinance Number 2099, amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 5, "Mechanical Code", by adopting the ICC International Mechanical Code, 2009 Edition, as part of Bixby's ordinances.

Presented by: Patrick Boulden

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Others who spoke:

City Attorney Patrick Boulden stated that effective November 1, 2012, the ICC International Mechanical Code, 2009 Edition (IMC) was adopted, with modifications, by the Oklahoma Uniform Building Code Commission. This code regulates and governs the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to use or maintenance of mechanical equipment.





City Attorney Patrick Boulden read the public purpose which states to expedite the protection of citizens and the general public occupying and using buildings and structures within the corporate limits of the City of Bixby, by reason whereof this ordinance shall take effect immediately form and after its passage and approval.

Mayor Bowen asked for a motion on item #14, Councilman Todoroff made motion to approve, seconded by Councilman Guthrie.

Carried 5-0

Todoroff Yes Guthrie Yes Loudermilk Yes Easton Yes Bowen Yes

Mayor Bowen said item #15 on the Regular Agenda is: Consider and take action on Ordinance Number 2100, amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 5, "Mechanical Code", by adopting the ICC International Fuel Gas Code, 2009 Edition, as part of Bixby's ordinances.

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Presented by: Patrick Boulden Other who spoke:

City Attorney Patrick Boulden stated effective November 1, 2012, the ICC International Fuel Gas Code, 2009 Edition (IFGC) was adopted, with modification, by the Oklahoma Uniform Building Code Commission. This code regulates and governs fuel gas systems and gas-fired appliances.

Mayor Bowen asked for a motion on item # 15, Councilman Loudermilk made motion to approve, seconded by Councilman Guthrie.

Carried 5-0 Loudermilk Yes Guthrie Yes Easton Yes Todoroff Yes Bowen Yes

Mayor Bowen said item #16 on the Regular Agenda is: Consider and take action on attaching an Emergency Clause to the previous item ordinance.


City Attorney Patrick Boulden read the public purpose which states to expedited the protection of citizens and the general public, safeguarding life and property form fire and explosion hazards arising from the storage, handling and use of hazardous substances', materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises within the corporate limits of the City of Bixby, by reason whereof this ordinance shall take effect immediately form and after its passage and approval.

Mayor Bowen asked for a motion on item #16, Councilman Loudermilk made motion to approve, seconded by Councilman Todoroff.

Carried 5-0 Loudermilk Yes Todoroff Yes Easton Yes Guthrie Yes Bowen Yes

Mayor Bowen said item #17 on the Regular Agenda is: Consider and take action on Ordinance Number 2 101 , amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 6, "Plumbing Code", by adopting the ICC International Plumbing Code, 2009 Edition, as part of Bixby's ordinances.

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City Attorney Patrick Boulden stated that effective November 1, 2012, the ICC International Plumbing Code, 2009 Edition was adopted, with modifications, by the Oklahoma Uniform Building Code Commission. This code regulates and governs the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems.

Councilman Todoroff asked Patrick if this Ordinance requires a plumber to have the City of Bixby pluming licenses. Patrick stated yes.





City Attorney Patrick Boulden read the public purpose which states to expedite the protection of citizens and the general public occupying and using buildings and structures within the corporate limits of the City of Bixby, by reason whereof this ordinance shall take effect immediately from and after its passage and approval.

Mayor Bowen asked for a motion on item #18, Councilman Loudermilk made motion to approve, seconded by Vice-Mayor Easton.


Mayor Bowen said item #19 on the Regular Agenda is: of 19

Consider and take action on Ordinance Number 2102, amending the Bixby City Code Title 9, "Building and Construction Regulations", Chapter 7, "Fire Prevention Code", by adopting the ICC International Fire Code, 2009 Edition, as part of Bixby's ordinances.


City Attorney Patrick Boulden stated that effective November 1, 2012 the ICC International Fire Code, 2009 Edition was adopted, with modifications, by the Oklahoma Uniform Building Code Commission. This code safeguards life and property from fire and explosion hazards by regulating the storage, handling and use of hazardous substances, materials and devices and conditions related to the occupancy of buildings and premises in the City.

Mayor Bowen asked for motion on item #19, Councilman Todoroff made motion to approve, seconded by Councilman Guthrie.



City Attorney Patrick Boulden read the public purpose which states to expedite the protection of citizens and the general public, safeguarding life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises within the corporate limits of the City of Bixby, by reason whereof this ordinance shall take effect immediately form and after its passage and approval.

Mayor Bowen asked for a motion on item #20, Councilman Guthrie made motion to approve, seconded Vice-Mayor Easton.

Carried 5-0 Guthrie Yes Easton Yes Loudermilk Yes Todoroff Yes Bowen Yes

Mayor Bowen wanted to take just a moment to recognize all of the inspectors, Joey Wiedel-Fire Marshal, Jim Sweeden- Fire Code Enforcement Officer, Larry Bailey-Electrical Inspector &

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Stormwater Inspector, and Bill May-Building Inspector and Steve Abel- Fire Chief, and stated that they are doing a good job for the City of Bixby

Mayor Bowen said item #21 on the Regular Agenda is: Consider and take action on an ordinance adopting changes to the boundaries of City Council Wards Five (5) and Three (3), so that all of their territories are contiguous. Changes to be effective Saturday, December 1, 2012.


Mayor Bowen asked for a motion on item #21, Vice-Mayor Easton made motion to approve, seconded by Councilman Todoroff.




City Attorney Patrick Boulden read the public purpose which states to exist for the preservation of the public peace, health and safety, and more particularly for the orderly continuation of the government of the City. By reason whereof this ordinance shall take effect immediately from and after its passage and approval.



Mayor Bowen said item #23 on the Regular Agenda is:

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Consider and take action on an Encroachment Agreement between the City and Mark Lassman and Jennifer Lassman, regarding encroachments of a residence, hot tub, fire place and concrete deck into a utility easement. Location: Lot Three (3), Block One (1), The Enclave at Legacy, 11048 South 91st East Avenue, Bixby. Consideration: $6,000.


City Attorney Patrick Boulden stated that this is an Encroachment Agreement between the City and Mark Lassman and Jennifer Lassman, regarding encroachment of a residence, hot tub, fireplace and concrete deck into a utility easement. Located on Lot Three (3), Block On (1), the Enclave at Legacy, 11048 South 91 st East A venue.

Mayor Bowen asked Patrick if the house is sold would the future owners agree to what is going on with this property; Patrick stated that it will be filed with the land records.

Mayor Bowen asked for a motion to approve item #23, Vice-Mayor Easton made motion to approve, seconded by Councilman Todoroff.


Mayor Bowen said item #24 on the Regular Agenda is: Discuss and/or take action on accepting bids for the Bixby Fry Creek Trail Extension and awarding the contract to Magnum Construction, Inc.; the lowest and best bid in the Base Bid amount of $13 8,91 0.

Presented by: Jared Cottle Others who spoke:

City Engineer Jared Cottle stated for the Bixby Fry Creek Trail Extension bid would award the contract to Magnum Construction for the lowest and best bid in the amount of $13 8,91 0.

Mayor Bowen asked for a motion on item #24, Councilman Todoroff made motion to approve, seconded by Vice-Mayor Easton.

Carried 5-0 Todoroff Yes Easton Yes Loudermilk Yes Todoroff Yes

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Bowen Yes

Mayor Bowen said item #25 on the Regular Agenda is: Discuss and/or take action on the Final Adjustment of Quantities and Change Order No.1 for Washington Irving Park Trail.




Mayor Bowen said item #26 on the Regular Agenda is: Discuss and/or take action on Change Order No. 1 for the 90th E. Ave. Hazard Mitigation Project in the amount of $1,855.00.


Vice-Mayor Easton stepped out of council chambers before the vote was taken.

Mayor Bowen asked for a motion on item #26, Councilman Guthrie made motion to approve, seconded by Councilman Loudermilk.

Carried 4-0 Guthrie Yes Loudermilk Yes Todoroff Yes Bowen Yes

Vice-Mayor Easton stepped back into council room after the vote was taken.

Mayor Bowen said item #27 on the Regular Agenda is: Discuss and/or take action on accepting bids for the outdoor warning systems and awarding the contract to ATI Systems, Inc. ; the lowest and best bid in the bid amount of$98,779.01.

Presented by: Ike Shirley

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Others who spoke:

Mayor Bowen pulled item #27 and will bring back at later date.

Mayor Bowen said item #28 the Regular Agenda is: City Manager's Report

1. October Sales Taxes Collections Revised: Due to Oklahoma Tax Commission's late disbursement of their annual Back to School sales tax holiday reimbursement payments, we recently received a $13,773 supplement to our initial October sales tax collection deposit. That had the effect of increasing our October 2012 monthly sales tax performance from an earlier stated 4.2% to an actual6.4% over the same month of October, one year ago.

2. Finally, on a YTD basics, our sales tax collections are running 0.19% above the comparable period four years ago (which was the peak year for sales tax collections prior to the national recession).

3. Low Water Dam study: Tulsa County recently approved a contract with CH2M Hill to conduct a Programmatic Environmental Impact Statement for the Arkansas River Corridor, including Bixby, relating to installation and operation of low water dams. This is during the past few years, specifically, "Support continued inclusion of the proposed Bixby low water dam site in all phases of the Arkansas River Corridor Master Plan Feasibility study." This contract to prepare the Programmatic EIS, including the reach down to the Bixby LWD area is $1,277,196 and should be completed by the end of July 2014, or about 18-20 months.

4. Fall Free Landfill days offered: To help promote cleanliness and safety of our community, the City of Bixby is offering FREE landfill days for Bixby residents at the Quarry Landfill in Tulsa for a second weekend in a row, this coming Friday and Saturday, November 16th and 1 i'\ 2012. We have been holding only one weekend in spring, which we will once again hold this year. Instructions were e-mailed to neighborhood assoc leaders. The Quarry Landfill is located at 13740 East 46th Street North, in Tulsa. Hours of operation are: Fridays, 6:00am until 5:30pm.; Saturdays, 7:00 am until 1 :00 pm. The landfill will close promptly at 1 :00 pm Saturdays. Bixby residents and utility customers must show a City of Bixby utility bill or driver's license with an address within the Bixby City Limits in order to be admitted to the landfill. NOTE: There are two landfills on East 46th Street North. Look for the QUARRY-WASTE MANAGEMENT INC. sign. Quarry Landfill at (918)439-7835.

5. City Hall Closing for Thanksgiving holiday. Thurs Nov 22 and Fri Nov. 23rd. 6. Tulsa 66ers First Home Game of Season is Fri Nov 23rd at SBEC.

Mayor Bowen said item #29 the Regular Agenda is: New Business Mayor Bowen stated that he wanted to apologize to a citizen that had a request for the agenda tonight, we will put him on the next agenda, he want to discuss problems and things going on out at the soccer fields. I had a discussion with him about a couple of weeks ago and thought that we have talked about all the things he wanted to talk about, so I didn ' t realize that he wanted me to put it on this agenda, and due to the fact I was in Dallas last week it slip my mind. He has some

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question about money and things at the park. I have asked Staff and Jared to put together something showing just how much money we have spent for the different sports, between baseball, softball, and soccer just to give them some ideas what has been done out there. I don' t think they realize how much we are spending for soccer. Mayor asked to put on the agenda next meeting for the number one item.

Adjournment was called at 7:35p.m.

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BIXBY PUBLIC WORKS AUTHORITY Minutes

Board of Trustees Municipal Building

116 W. Needles, Bixby, Ok 74008 November 131

h, 2012 Time: Following the City Council Meeting

The agenda for the regular scheduled meeting of the Bixby Public Works Authority was posted on the bulletin board at City Hall on November 9111 at 5:00p.m.

Mayor Bowen called the Bixby Public Works Authority Meeting to order at 7:35p.m. All members were present.

Members Present Bowen Todoroff Guthrie Loudermilk Easton

Staff Present Erik Enyart, City Planner Patrick Boulden, Attorney Betty Koehn, Treasurer Doug Enevoldsen, City Manager Bea Aamodt, PW Director Ike Shirley, Police Chief Steve Abel, Fire Chief Jared Cottle, City Engineer Yvonne Scott, City Clerk

Mayor Bowen said Item #1 on the BPW A Consent Agenda is: CITY CLERKS REPORT

Consider and approve: a) Minutes dated 10/22112. b) Bill Claims List. c) Purchase order for the Water Dept to purchase 3/4 x 5/8 water meters from Water

Products for $4,000. d) Purchase order for the Water Dept to purchase l-in water meters from Water

Products for $7,450. e) Purchase order for the Water Dept to purchase clamps, fittings and other

plumbing parts from Water Products for $10,000. f) Purchase order in the amount of $2,950 to Industrial Motors to perform

emergency repair at Shannondale Lift Station.

Mayor Bowen asked if there are any corrections or amendments to the BPW A Consent Agenda.

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Mayor Bowen asked for motion on the consent agenda, Councilman Todoroff made motion to approve, seconded by Vice-Mayor Easton.

Carried 5-0 Todoroff Yes Easton Yes Loudermilk Yes Guthrie Yes Bowen Yes

Mayor Bowen said Item #1 on the Regular Agenda is: Discuss and/or approve purchasing five vehicles for the Public Works Departments through State Bid Contracts for a total of$126,233 .

Presented by: Bea Aamodt Others who spoke:

Public Works Director Bea Aamodt stated that she requested 5 vehicles for Public Department because of maintenances and repairs of the ones that are used are getting expensive to maintain.

Discussion Ensued

Mayor Bowen asked for a motion to approve, Councilman Todoroff made motion to approve, seconded by Vice-Mayor.

Carried 4-1 Todoroff Yes Easton Yes Loudermilk No Guthrie Yes Bowen Yes

Mayor Bowen said Item #2 on the Regular Agenda is: Discuss and/or take action on a proposal from Dewberry Engineers, Inc. to provide engineering analysis and planning for the South Bixby water distribution system


Mayor Bowen asked for a motion to item #2, Counilman Todoroff made motion to approve, seconded by Councilman Loudermilk.

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New Business Being no new business

Adjournment was called at 8:03p.m.

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