City Council

MINUTES Sand Springs City Council Regular Meeting February 8, 2010 Room #211 7:00 p.m. Sand Springs Municipal Building 100 East Broadway Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Robert L. Walker (17-0) Vice Mayor Mike Burdge (17-0) Councilman Michael Phillips (17-0) Councilman Dean Nichols (17-0) Councilman Harold G. Neal (17-0) Councilman Brian M. Jackson (17-0) Councilman Ward Sherrill (17-0) 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 February 8, 2010 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted, at 2:25 p.m. on February 4, 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 FEBRUARY 8, 2010 PAGE 2 3. Invocation Following Roll Call, Mayor Walker delivered the invocation. 4. Pledge of Allegiance Following the Invocation, Vice Mayor Burdge 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 requested if Council had items to be removed from the Consent Agenda. Councilman Nichols requested Consent Agenda Item 5-C be removed and acted on separately. Mayor Walker requested if Council had questions or clarification on any consent agenda items could be addressed prior to taking action. Councilman Phillips requested clarification on Consent Agenda Item 5-D relating the sale of property located at 81st West Avenue and Old North Road in regards to whether the City would be protected from liabilities or expenses during the remediation of the property prior to the closing. Kevin Nelson, Assistant City Manager, stated staff has reviewed the remediation plans and a slight risk could exist. Following discussion, a motion was made by Mayor Walker and seconded by Councilman Phillips to approve the Consent Agenda Items 5A, 5B and 5D, as follows: A. The minutes of the January 25, 2010 regular City Council meeting. B. An Agreement to combine Tract One – Lot 7, Block 1 Prattwood Estates 2nd Addition (Residence) and Tract Two – Lot 8, block 1 Prattwood Estates 2nd Addition (Vacant Lot) to allow for future expansion of the facility and parking area. The Planning Commission reviewed the request on February 2, 2010, and voted 5- 0-0 to recommend approval of the Lot Combination Agreement to City Council.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 3 C. The adoption of Ordinance of 1201 for the sale of property located at 81st West Avenue and Old North Road, Sand Springs, Oklahoma, to the Sand Springs Public School District. 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. Consent Item No. 5-D Mayor Walker informed Council of the request for approval of an Agreement to Combine Tract One – Lot 1, Block 1 of Arms Estates, Resubdivision of West Half Lots 8 and 9, Block 3, Garden Heights Addition (Masonic Lodge) and Tract Two – Lot 2, Block 1 Arms Estates, Resubdivision of West Half Lots 8 and 9, Block E, Garden Heights Addition (Vacant Lot) to allow for future expansion of the facility and parking area. The Planning Commission reviewed the subject request on February 2, 2010, and voted 5-0-0 to recommend approval of the Lot Combination Agreement to City Council. Councilman Nichols informed Council that he would be abstaining from Consent Item No. 5-D. Councilman Jackson also informed Council that he would be abstaining from Consent Item No. 5-D. A motion was made by Councilman Phillips and seconded by Vice Mayor Burdge that the request for approval of an Agreement to Combine Tract One – Lot 1, Block 1 of Arms Estates, Resubdivision of West Half Lots 8 and 9, Block 3, Garden Heights Addition (Masonic Lodge) and Tract Two – Lot 2, Block 1 Arms Estates, Resubdivision of West Half Lots 8 and 9, Block E, Garden Heights Addition (Vacant Lot) to allow for future expansion of the facility and parking area. Mayor Walker called for the vote recorded as follows: Mr. Phillips, aye; Mr. Nichols, abstain; Mr. Jackson, abstain; Mr. Burdge, aye; Mr. Walker, aye; Mr. Neal, aye; Mr. Sherrill, aye. The motion carried 5-0-2.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 4 6. Mayoral Proclamation – “Dating Violence Awareness Month” Mayor Walker proclaimed February 2010 at “Dating Violence Awareness Month.” Mayor Walker read aloud the Mayoral Proclamation. 7. Keystone Ancient Forest Private Donation Grant Gerondale, Parks Director, requested approval of a project proposal for a trail head marker at the Keystone Ancient Forest in honor of the late Mr. Irv Frank. The Sand Springs Parks Advisory Board reviewed this item at their February 1, 2010 meeting, and voted 4-0-0 in support of the proposal. A motion was made by Vice Mayor Burdge and seconded by Councilman Sherrill that the requested approval of a project proposal for a trail head marker at the Keystone Ancient Forest in honor of the late Mr. Irv Frank, 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. Resolution No. 10-11 – Tulsa County Amended and Restated Declaration of Trust of Tulsa County Criminal Justice Authority David Weatherford, City Attorney, requested approval of Resolution No. 10-11 as the governing body of the City of Sand Springs, hereby accepts, for and on behalf of said City, the beneficial interest in the trust created by the Amended and Restated Declaration of Trust of Tulsa County Criminal Justice Authority, dated October 20, 1995, as amended by the First Amendment to Amended and Restated Declaration of Trust dated January 22, 2010. Mayor Walker noted that the original Trust stated the Chairman of the Tulsa County Commissioners would also serve on the Tulsa County Criminal Justice Authority. The proposed amendment would allow the Chairperson to designate one of the other Commissioners, on a rotating basis. Councilman Phillips noted the amendments were not included in the agenda packets and that in the future when Tulsa County request Council’s action, they should include supporting documentation relating to their request.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 5 A motion was made by Vice Mayor Burdge and seconded by Councilman Neal that the requested approval of Resolution No. 10-11 as the governing body of the City of Sand Springs, hereby accepts, for and on behalf of said City, the beneficial interest in the trust created by the Amended and Restated Declaration of Trust of Tulsa County Criminal Justice Authority, dated October 20, 1995, as amended by the First Amendment to Amended and Restated Declaration of Trust dated January 22, 2010, 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. Ordinance No. 1200 – Remediation of Contaminated Property After the Discovery of Methamphetamine or Other Noxious, Hazardous or Toxic Substances A. Ordinance No. 1200 Andrew Templeton, Management Analyst, requested Council’s adoption of Ordinance No. 1200 establishing a new section of law in the City of Sand Springs Code of Ordinances as Chapter 8.52 – Remediation of Contaminated Property After Discovery of Methamphetamine or Other Noxious, Hazardous or Toxic Substances; providing for severability; and declaring an emergency. Councilman Phillips noted the word “Title” in the title of Ordinance No. 1200 was misspelled. Councilman Phillips expressed concerns with the Ordinance No. 1200 in regards to the need to be more specific in identifying the specific types of hazards and who makes the determination as to whether or not a hazard exists. Councilman Sherrill expressed concerns with page 2, paragraph 3 of the ordinance. Councilman Phillips provided an example that may constitute a hazard, but not illegal. David Weatherford, City Attorney, stated the intent for the ordinance, is for the law enforcement officers, not Code Enforcement, to protect future residents of the property.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 6 Daniel Bradley, Police Chief, stated that five specific chemicals/ingredients must be present to constitute a lab for the manufacturing or processing of methamphetamine or other hazardous or toxic substances. Councilman Phillips inquired whether the Police Department or Code Enforcement would enforce the subject ordinance. Andrew Templeton, Management Analyst, stated that Code Enforcement would be responsible for the administrative process only. Following discussion a motion was made by Councilman Phillips and seconded by Councilman Neal that requested adoption of Ordinance No. 1200 establishing a new section of law in the City of Sand Springs Code of Ordinances as Chapter 8.52 – Remediation of Contaminated Property After Discovery of Methamphetamine or Other Noxious, Hazardous or Toxic Substances; providing for severability; and declaring an emergency, as modified by correcting the spelling of the word “Title” in the title of ordinance, as well as, striking the phrase “but not be limited to,” on page 1, Section 8.52.101, paragraph B, lines 1 and 2; 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. B. Emergency Clause Andrew Templeton, Management Analyst, requested Council’s adoption of an emergency clause for Ordinance No. 1200. A motion was made by Mayor Walker and seconded by Councilman Jackson that the requested adoption of an emergency clause for Ordinance No. 1200, 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.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 7 10. Correspondence The following correspondence was provided to Council for their review and information: A. Regular monthly bills. B. A letter, dated January 5, 2010, from Cox Communications regarding advanced video services. C. A letter, dated January 15, 2010, from Cox Communications regarding program changes. 11. 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 Tulsa Metro Chamber D.C. Fly-In, which City Manager Douglas J. Enevoldsen and Ron Weese were scheduled to attend, was postponed due to inclement weather in D.C. B. Derek Campbell, Public Works Director, provided a brief report regarding the January 28-29, 2010 winter storm. C. Derek Campbell, Public Works Director, also provided a brief report regarding the collapse and replacement of an 8-inch sewer line located on 13th and Pin Oak Drive. D. Derek Campbell, Public Works Director, reported that the Skiatook Raw Water Conveyance System is scheduled for a two-week shut down for maintenance and inspection. It was noted that the City would transition to Shell Lake water during the shutdown and that staff is preparing for the transition with water testing other and tests of the equipment. E. Fire Marshal Stan Smith is in the process of conducting fire and life safety inspections of all churches within the City. Approximately 10 churches have been inspected during the last two weeks and proprietors are advised of corrective actions that are needed for code compliance, property protection, and the safety of the congregations.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 8 F. The Parks Department held a public skateboard planning meeting last Thursday at the Case Community Center. The event was well attended with approximately 70 skaters and 20 adult supporters, and several Council members. Surveys were distributed and will be shared later. Unfortunately we learned last week that the $75K grant request for the Skate Park by Sand Springs Park Friends to the Inasmuch Foundation in OKC was not granted. Staff will continue pursuing other opportunities as allowed. G. Grant Gerondale, Parks Director, will be working with Bill Shoemaker, Shoemaker Photography, this week to grow interest in a local fundraiser to benefit the skateboard project later this month. Plans are still sketchy, but may include a few days of donated sales revenues to Sand Springs Park Friends through citizen purchases. H. Council Economic Development Committee will meet this Thursday, February 11, 2010, at 5:30 p.m. in the City Manager’s conference room. I. CASE Time free movie event is set for this Friday, February 12, 2010, at 7:00 p.m. “Night at the Museum – 2” with Ben Stiller will be shown for free. Visitors are welcome to bring their own bean-bag chair, blanket and microwavable popcorn to enjoy. Staff anticipates gaining Tulsa World coverage in the “Spot” and the Scene sections of the paper. J. The South Central Golf Expo is set for this Friday and Saturday, February 12 and 13, 2010. Talley Golf will be marketing a 2-for-1 golf voucher for interested “new” patrons willing to sign up for email notices and more. K. The 2nd Saturday of the Month Open Hike at the Keystone Ancient Forest is for this Saturday, February 13, 2010, from 8:00 a.m. to 2:00 p.m., weather dependent. L. The Public Works Advisory Committee meeting is scheduled for Tuesday, February 16, 2010, 12-noon at the Public Works facility conference room. M. The next City Council meeting is scheduled for February 22, 2010. N. The PAFR (citizens’ report) is being finalized, a preview copy was provided to Council members. O. Leadership Sand Springs class will travel to the State Capitol on February 23, 2010. City Manager Douglas J. Enevoldsen plans to attend. P. Oklahoma Conference of Mayors/Oklahoma Municipal League’s Day at the Capitol event is scheduled for March 22, 2010. Information was provided at Council’s stations.  CITY COUNCIL MINUTES FEBRUARY 8, 2010 PAGE 9 Q. Kevin Nelson, Assist City Manager, distributed the list of legislation, which may impact municipal operations, to the Department Heads. The Legislative Session began last week and Mr. Nelson and staff will continue to monitor the bills effecting municipalities. Councilman Jackson informed Council that 3 Charles Page High School students participated in Junior Achievement’s Investment Challenge. One of the students received 1st Place, representing Sand Springs well. Councilman Jackson noted and expressed his appreciation that Councilman Nichols participated as a mentor for the event. Councilman Nichols requested staff to continue to strive to solicit sponsorship for the Annual Easter Egg Hunt event. It was noted that sponsorship letters were distributed widely within the community and proposals are to be submitted by February 22, 2010. 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 7:46 p .m. ____________________________ E. Bruce Ford, City Clerk