City Council

MINUTES Sand Springs City Council Regular Meeting January 11, 2010 Room #211 7:00 p.m. Sand Springs Municipal Building 100 East Broadway Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Robert L. Walker (15-0) Vice Mayor Mike Burdge (15-0) Councilman Michael Phillips (15-0) Councilman Dean Nichols (15-0) Councilman Harold G. Neal (15-0) Councilman Brian M. Jackson (15-0) Councilman Ward Sherrill (15-0) ALSO PRESENT: City Manager Douglas J. Enevoldsen Assistant City Manager Kevin Nelson City Attorney David Weatherford Recording Secretary Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on January 11, 2010 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted, at 9:10 a.m. on January 7, 2010, on the bulletin board located in the first floor lobby of the Sand Springs Municipal Building, 100 East Broadway, Sand Springs, Oklahoma 74063. 1. Call to Order Mayor Walker called the meeting to order at the noted time of 7:01 p.m. 2. Roll Call Mayor Walker called for an individual roll call with members replying in the following manner: Mr. Phillips, here; Mr. Nichols, here; Mr. Jackson, here; Mr. Burdge, here; Mr. Walker, here; Mr. Neal, here; Mr. Sherrill, here.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 2 3. Invocation Following Roll Call, Mayor Walker delivered the invocation. 4. Pledge of Allegiance Following the Invocation, Councilman Jackson led the Pledge of Allegiance. 5. Consent Agenda Mayor Walker informed Council that all matters listed under the Consent Agenda to be considered by Council are to be routine and will be enacted by one motion. Mayor Walker noted that questions or clarification on any consent agenda items could be addressed prior to taking action. Mayor Walker requested if Council had questions or needed clarification on any consent agenda item. There being none, Mayor Walker requested if Council had items to be removed from the Consent Agenda. There being none, Mayor Walker requested a motion regarding Consent Agenda Items 5A through 5H. A motion was made by Vice Mayor Burdge and seconded by Councilman Neal to approve the Consent Agenda Items 5A through 5H, as follows: A. The minutes of the December 8, 2009 special City Council meeting. B. The minutes of the December 14, 2009 regular City Council meeting. C. The new agreement to extend the current arrangement between the City and Cox Communications for E-911 services within the City of Sand Springs. D. A supplemental appropriation in the General Fund for an increase to the Revenue – Other Revenue line item in the amount of $10,076.00 and an increase to the Expense – Senior Citizens Department line item in the amount of $10,076.00. E. A supplemental appropriation in the General Fund for an increase to the Revenue – OAC Grant Revenue line item in the amount of $5,000.00 and an increase to the Expense – Museum Department line item in the amount of $10,000.00. F. The acceptance of a grant, through a Memorandum of Understanding, with Tulsa County Sheriff’s Office in the amount of $53,921.00.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 3 G. A supplemental appropriation in the General Fund for an increase to the Revenue – Tulsa County Sheriff’s Grant line item in the amount of $53,921.00 and an increase to the Ending Unreserved Fund Balance line item in the amount of $53,921.00. H. The Release of Rehabilitation Loan Note and Mortgage between Genevieve Rau and the Metropolitan Tulsa HOME Consortium on behalf of the City of Sand Springs and for the Mayor to sign said document. Mayor Walker called for the vote recorded as follows: Mr. Sherrill, aye; Mr. Neal, aye; Mr. Walker, aye; Mr. Burdge, aye; Mr. Jackson, aye; Mr. Nichols, aye; Mr. Phillips, aye. The motion carried 7-0-0. 6. Board Appointments A. Sand Springs Cultural and Historical Museum Trust Authority 1. Mayor Walker informed Council of the requested approval of a recommendation from the Sand Springs Cultural and Historical Museum Trust Authority regarding the appointment of a representative to finish the remaining term ending December 31, 2010 on the Sand Springs Cultural and Historical Museum Trust Authority. A motion was made by Mayor Walker and seconded by Councilman Sherrill that the recommendation from the Sand Springs Cultural and Historical Museum Trust Authority regarding the appointment of Tim Dixon as a representative to finish the remaining term ending December 31, 2010 on the Sand Springs Cultural and Historical Museum Trust Authority, as presented, be approved. Mayor Walker called for the vote recorded as follows: Mr. Phillips, aye; Mr. Nichols, aye; Mr. Jackson, aye; Mr. Burdge, aye; Mr. Walker, aye; Mr. Neal, aye; Mr. Sherrill, aye. The motion carried 7-0-0. 2. Mayor Walker informed Council of the requested approval of a recommendation from the Sand Springs Cultural and Historical Museum Trust Authority regarding the appointment of a representative to finish the remaining term ending December 31, 2012 on the Sand Springs Cultural and Historical Museum Trust Authority.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 4 A motion was made by Mayor Walker and seconded by Vice Mayor Burdge that the recommendation from the Sand Springs Cultural and Historical Museum Trust Authority regarding the appointment of Grady Whitaker, Jr. as a representative to finish the remaining term ending December 31, 2012 on the Sand Springs Cultural and Historical Museum Trust Authority, as presented, be approved. Mayor Walker called for the vote recorded as follows: Mr. Sherrill, aye; Mr. Neal, aye; Mr. Walker, aye; Mr. Burdge, aye; Mr. Jackson, aye; Mr. Nichols, aye; Mr. Phillips, nay. The motion carried 6-1-0. 3. Mayor Walker informed Council of the requested approval of a recommendation from the Sand Springs Cultural and Historical Museum Trust Authority regarding the appointment of a representative to serve a five-year term to December 31, 2014, on the Sand Springs Cultural and Historical Museum Trust Authority. A motion was made by Mayor Walker and seconded by Councilman Jackson that the recommendation from the Sand Springs Cultural and Historical Museum Trust Authority regarding the appointment of Ed Dubie as a representative to serve a five-year term to December 31, 2014, on the Sand Springs Cultural and Historical Museum Trust Authority, as presented, be approved. Mayor Walker called for the vote recorded as follows: Mr. Phillips, aye; Mr. Nichols, aye; Mr. Jackson, aye; Mr. Burdge, aye; Mr. Walker, aye; Mr. Neal, aye; Mr. Sherrill, aye. The motion carried 7-0-0. 7. Street Closing – Celebrate Sand Springs Andrew Templeton, Management Analyst, requested Council’s authorization to close First Street between Main Street and Cleveland Avenue for the “Celebrate Sand Springs” Festival on Saturday, April 17, 2010, from 9:00 a.m. to 9:00 p.m. It was noted that this event is scheduled for the same day of the Annual Herbal Affair and Festival. Councilman Nichols questioned whether the local businesses have been notified of the event.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 5 Andrew Templeton, Management Analyst, stated that as a part of the application, more than 50-percent of the affected businesses are required to be notified and said list was provided and on file. A motion was made by Mayor Walker and seconded by Councilman Neal that the request authorization to close First Street between Main Street and Cleveland Avenue from the “Celebrate Sand Springs” Festival on Saturday, April 17, 2010, from 9:00 a.m. to 9:00 p.m., as presented, be approved. Mayor Walker called for the vote recorded as follows: Mr. Sherrill, aye; Mr. Neal, aye; Mr. Walker, aye; Mr. Burdge, aye; Mr. Jackson, aye; Mr. Nichols, aye; Mr. Phillips, aye. The motion carried 7-0-0. 8. Plan of Disposition and Apportionment, Conveyance and Assignment of Easement Vernon Smith, Vernon Smith, Infrastructure Planning Administrator, requested Council’s consideration and possible action on the Plan of Disposition and Apportionment in accord with 82 Oklahoma Statute § 1324.20, Conveyance and Assignment of Easements – Rural Water District No. 1, Tulsa County. David Weatherford, City Attorney, provided a brief overview of the district’s assets and how the funds would be used to maintain the facility and provide fire protection. Vice Mayor Burdge stated that the City of Sand Springs has had a good relationship with the area Rural Water Districts and feels the conveyance of the system will go well. Councilman Phillips questioned whether or not Tulsa County Commissioners will have any objections to the conveyance of the water system. David Weatherford, City Attorney, stated that the Tulsa County Commissioners in the previous four (4) conveyance of rural water system have had no objections. Councilman Nichols questioned whether or not funds are available for the conversion of the rural water system to the AMR project. Derek Campbell, Public Works Director, stated the City anticipated the possible conversion of the rural water system to the ARM project and included a $230,000.00 request in the application for DEQ funding on a 70/30-split.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 6 Councilman Nichols questioned whether or not the District’s funds could be utilized for the AMR project. David Weatherford, City Attorney, stated the District’s funds are restricted to the maintenance of the system and to provide fire protection. Councilman Nichols questioned whether or not the District’s funds could be utilized for easements in the event additional easements are required. David Weatherford, City Attorney, stated he feels additional easements would be considered as a part of the maintenance of the water system, therefore the funds could be utilized for such purposes. Following discussion, a motion was made by Vice Mayor Burdge and seconded by Councilman Jackson that the requested consideration of action on the Plan of Disposition and Apportionment in accord with 82 Oklahoma Statute § 1324.20, Conveyance and Assignment of Easements – Rural Water District No. 1, Tulsa County, as presented, be approved. Mayor Walker called for the vote recorded as follows: Mr. Phillips, aye; Mr. Nichols, aye; Mr. Jackson, aye; Mr. Burdge, aye; Mr. Walker, aye; Mr. Neal, aye; Mr. Sherrill, aye. The motion carried 7-0-0. 9. Correspondence The following correspondence was provided to Council for their review and information: A. Regular monthly bills. B. A letter dated December 10, 2009, from Oklahoma Department of Environmental Quality regarding Permit No. SL00007209085 for the construction of 8,740 linear feet of eight (8) inch HDPE slipline plus 3,914 linear feet of eight (8) inch HDPE pipeburst plus 1.031 linear feet of ten (10) inch HDPE pipeburst plus 20 linear feet of ten (10) inch DIP sanitary sewer line plus manhole replacement plus all appurtenances to serve the Angus Valley Acres Collection Basin, Tulsa County, Oklahoma, Facility No. S-20457, was attached in the addendum to be noted in the minutes of the regular City Council meeting, after which it will become a matter of permanent record as required by the Department of Environmental Quality.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 7 10. City Manager’s Report Douglas J. Enevoldsen, City Manager, provided the City Council an update regarding recent and upcoming events and projects, including events of interest to the Council and the general operations of the City. This was an information- only item, with no action taken by Council. A. The “Storytime with Santa” event held at the Case Community Center on December 21, 2010, hosted approximately 120 visitors. B. The “Come and See Entertainment” (CASE) event held at the Case Community Center during the holidays was considered a success. The Center held a “Family Movie Night” on January 8, 2010 with some success as well. The next “Family Movie Night” is scheduled for February 13, 2010. C. The attendance at the Case Community Center for the past month was approximately 11,500 visitors. D. A volleyball league is being hosted at the Case Community Center. The league may start as early as next week. E. A proposal was received from the West Side Alliance Soccer Club for an indoor soccer program. Additional information will be forthcoming. F. A Skate Park Planning Meeting is scheduled for January 28, 2010. A grant application is being prepared in an effort to secure additional funding for the proposed skate park. G. Derek Campbell, Public Works Director, provided a brief update regarding the snow removal efforts by the City’s Street Department. A brief update was also provided regarding the removal and storage of the Christmas lights; repair of various equipment; sweeping up of the sand utilized during the ice/snow storm; cleaning of traffic signal lights; repair of water and sewer lines breaks due to the extreme weather temperatures; and the repair of a damaged water line on Highway 51. H. The City provided assistance with the delivery of “Meals-on-Wheels” during the recent winter storm. I. Due to a one-time refund of $142,000.00 sales tax to a local vendor, the City’s experienced a 35-percent decline in sales tax revenues compared to the same month prior year. Without the one-time refund, a 19.2-percent decline would have been recognized.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 8 J. Meetings are being scheduled regarding the River Development plans, as well as a rail transit plan. City staff, along with Sand Springs Public Schools and the Sand Springs Area Chamber of Commerce, is preparing a plan to address the 2010 Census since future development possibilities are influenced by the census numbers. K. The Gilcrease Expressway Coalition Task Force meeting is scheduled for January 13, 2010, at Chandler Park, with registration beginning at 5:15 p.m. L. The first in a monthly series of Senator Dan Newberry’s “Legislative Issues” meetings is scheduled for January 15, 2010, at the Crescent Café at 7:30 a.m. M. The Sand Springs Rotary Club will be host to Senator Tom Coburn, speaker, for the Friday, January 15, 2010, noon meeting. N. City offices will be closed on January 18, 2010 in observance of the Martin Luther King, Jr. holiday. O. The Tulsa Metro Chamber 2010 Annual Meeting and Inauguration is scheduled for January 19, 2010. P. Due to other meetings and events, the PWAC meeting scheduled for January 19, 2010 may need to be rescheduled. PWAC members will be contacted later this week in this regards. Q. The next Sand Springs/Sapulpa Joint Board meeting is scheduled for January 19, 2010. R. Sand Springs Leadership No. 18 class will begin on Tuesday, January 12, 2010. S. The next Planning Commission meeting is scheduled for February 2, 2010. T. The annual Regional Elected Officials Reception, hosted by INCOG and Coalition of Tulsa Area Governments, is scheduled for Thursday, January 21, 2010, 6:00 – 8:00 p.m., Crystal Ballroom at the Mayo Hotel. Due to reception, the City Council Economic Development Committee meeting is being rescheduled at a later date. U. The next City Council and Municipal Authority meetings are scheduled for January 25, 2010.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 9 V. The Tulsa Metro Chamber Legislative Reception is scheduled for Thursday, January 28, 2010, 5:00-7:00 p.m., The Summit Club. Councilman Phillips verified the “Family Movie Night” is scheduled for Friday, February 12, 2010. Councilman Phillips questioned whether or not a private resident may plow snow storm debris on to City streets. City Attorney David Weatherford stated the plowing of storm debris on to City streets would be treated as a nuisance violation. Councilman Jackson requested an update on the use of the “Frankenstein” snow plow. Derek Campbell, Public Works Director, stated that the snow plow was utilized, but did experience some minor mechanical problems and required some repair. Mayor Walker announced that Vice Mayor Burdge was appointed as Chairman of the Oklahoma Conference of Mayors for the next year. Mayor Walker expressed his appreciation of Vice Mayor Burdge serving in said capacity. 11. Request for Executive Session – Economic Development A. Council will consider retiring into Executive Session for the purpose of conferring on matter pertaining to appraisal or acquisitions of property in the Keystone Corridor, in accordance with O.S. Title 25, Section 307(B), paragraph 3, and matter pertaining to economic development in accordance with O.S. Title 25, Section 307(C), paragraph 10. A motion was made by Vice Mayor Burdge and seconded by Councilman Neal to retire into Executive Session for the purpose of conferring on matter pertaining to appraisal or acquisitions of property in the Keystone Corridor, in accordance with O.S. Title 25, Section 307(B), paragraph 3, and matter pertaining to economic development in accordance with O.S. Title 25, Section 307(C), paragraph 10. Mayor Walker called for the vote recorded as follows: Mr. Sherrill, aye; Mr. Neal, aye; Mr. Walker, aye; Mr. Burdge, aye; Mr. Jackson, aye; Mr. Nichols, aye; Mr. Phillips, aye. The motion carried 7-0-0. Mayor Walker, Vice Mayor Burdge, Councilman Phillips, Councilman Nichols, Councilman Jackson, Councilman Neal, Councilman Sherrill, City Manager Douglas J. Enevoldsen, Assistance City Manager Kevin Nelson, Finance Director E. Bruce Ford, Economic Development Director Terry Walters, Public Works Director Derek Campbell and City Attorney David Weatherford retired into Executive Session at the noted time of 7:54 p.m.  CITY COUNCIL MINUTES JANUARY 11, 2010 PAGE 10 B. Following the Executive Session, a motion was made by Councilman Phillips and seconded by Councilman Jackson to reconvene the City Council meeting. Mayor Walker called for the vote recorded as follows: Mr. Phillips, aye; Mr. Nichols, aye; Mr. Jackson, aye; Mr. Burdge, aye; Mr. Walker, aye; Mr. Neal, aye; Mr. Sherrill, aye. The motion carried 7-0-0. The City Council meeting reconvened at the noted time of 8:35 p.m. C. Mayor Walker informed Council that no action was required as a result of the Executive Session. 12. New Business – Any matter not known about or which could not have been reasonably foreseen prior to the time of posting the agenda There was no new business to be discussed at this time. 13. Adjournment There being no other discussion, the meeting adjourned at the noted time of 8:36 p .m. ____________________________ E. Bruce Ford, City Clerk