City Council

MINUTES Sand Springs City Council Regular Meeting April 12, 2010 Room #211 7:00 p.m. Sand Springs Municipal Building 100 East Broadway Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Robert L. Walker (21-0) Vice Mayor Mike Burdge (21-0) Councilman Michael Phillips (21-0) Councilman Dean Nichols (21-0) Councilman Harold G. Neal (21-0) Councilman Brian M. Jackson (21-0) Councilman Ward Sherrill (21-0) ALSO PRESENT: 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 April 12, 2010 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted, at 4:00 p.m. on April 8, 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 7:00 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 APRIL 12, 2010 PAGE 2 3. Invocation Following Roll Call, Vice Mayor Burdge delivered the invocation. 4. Pledge of Allegiance Following the Invocation, Councilman Nichols 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 Phillips requested Consent Agenda Item No. 5-C be removed. Mayor Walker requested if Council had questions or clarification on any consent agenda items could be addressed prior to taking action. There being none, Mayor Walker requested a motion regarding Consent Agenda Items 5A, 5B and 5D. A motion was made by Vice Mayor Burdge and seconded by Councilman Sherrill to approve the Consent Agenda Items 5A, 5B and 5D, as follows: A. The minutes of the March 29, 2010 regular City Council meeting. B. The SSLC-584 Lot Combination Agreement for 8220 Charles Page Boulevard to combine Tract A and Tract B to allow construction between the existing structures. D. The Findings of Fact and Conclusions of Law for Specific Use Permit SUP-019. 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.  CITY COUNCIL MINUTES APRIL 12, 2010 PAGE 3 Consent Agenda Item No. 5-C SSLC-583 Lot Combination Agreement Mayor Walker informed Council of the request for approval of SSLC-583 Lot Combination Agreement for 1208 East 14th Court to combine Tract One – Lot 31, Block 2, Shadow Creek and Tract Two – Lot 33, Block 2, Shadow Creek to comply with required setbacks. Planning Commission reviewed the request on April 6, 2010 and voted 5-0-0 to recommend approval of the lot combination Agreement to the City Council. Councilman Phillips stated he would be abstaining from the vote for Item No. 5-C due to his uncle being the applicant. A motion was made by Vice Mayor Burdge and seconded by Councilman Neal that the requested approval of SSLC-583 Lot Combination Agreement for 1208 East 14th Court to combine Tract One – Lot 31, Block 2, Shadow Creek and Tract Two – Lot 33, Block 2, Shadow Creek to comply with required setbacks, as presented, be approved. Mayor Walker called for the vote recorded as follows: Mr. Phillips, abstain; Mr. Nichols, aye; Mr. Jackson, aye; Mr. Burdge, aye; Mr. Walker, aye; Mr. Neal, aye; Mr. Sherrill, aye. The motion carried 6-0-1. 6. America Downtown Sand Springs Presentation Rick Walters, America Downtown Sand Springs Chairman, presented a check from various business partners for the restoration of the Page Triangle Statues. Mayor Walker expressed his appreciation of the check by local businesses for the restoration of the Page Triangle Statues. 7. Board Appointments A. Parks Advisory Board Mayor Walker informed Council of Councilman Nichols appointment of a Ward 2 representative to serve an unexpired term to May 2010 on the Parks Advisory Board. A motion was made by Councilman Nichols and seconded by Councilman Neal that Phil Nollan be appointed as a Ward 2 representative to serve an unexpired term to May 2010 on the Parks Advisory Board.  CITY COUNCIL MINUTES APRIL 12, 2010 PAGE 4 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. Alternate-Municipal Judge Mayor Walker informed Council of the consideration of the appointment of an Alternate Municipal Judge. It was noted the appointment is made by the Mayor, subject to Council approval. A motion was made by Mayor Walker and seconded by Vice Mayor Burdge that Tom Askew be appointed as an Alternate Municipal Judge. 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. 8. Request for Appearance Before the Sand Springs City Council Mayor Walker informed Council of the Request for Appearance by Gregory Williams, Haley Blood, and Scott Barger, of the Oklahoma Public Employee Association (OPEA) regarding the possible closing of the L.E. Rader Center. It was noted that this is an information-only item with no action to be taken by the City Council. Scott Barger, Deputy Director of the Oklahoma Public Employee Association (OPEA), provided an overview of the L.E. Rader Center operations and requested community support to block the closure of the facility and relocating elsewhere. It was noted that the Rader Center employees several employees that either live, shop, or dine in Sand Springs, supporting the Sand Springs Economy. In closing, it was noted that the RFPs for the construction of a new facility would be distributed on April 15, 2010. Councilman Phillips questioned how many of the Rader employees live in Sand Springs. Mr. Barger stated he did not know the exact number.  CITY COUNCIL MINUTES APRIL 12, 2010 PAGE 5 Councilman Sherrill stated that he previously worked at the L.E. Rader Center through the Sand Springs School system. Councilman Sherrill expressed he has been involved with the meeting regarding the possible closure and/or relocation of the facility, but felt the discussion for the facility have already been determined by the State level and not the local level. 9. Waiver of Peddler License Fees – Celebrate Sand Springs Andrew Templeton, Management Analyst, requested Council’s approval of the waiving of itinerant peddler license fees for the “Celebrate Sand Springs” festival on Saturday, April 17, 2010, under provisions of Section 5.16.050(I) of the City’s Code of Ordinances. Councilman Phillips inquired as to why they waited until last week to request the waiver of the itinerant peddler license fees when they began this process back in February. Andrew Templeton, Management Analyst, stated that the Celebrate Sand Springs group did not anticipate vendors which would require an itinerant peddler license at the time of planning the event. Councilman Jackson inquired as to the amount of the fee. Andrew Templeton, Management Analyst, stated the current fee for an itinerant peddler license if $50.00. Councilman Jackson inquired as to the number of vendors needing the license for the event. Andrew Templeton, Management Analyst, stated approximately 50 vendors at this time. Following discussion, a motion was made by Mayor Walker and seconded by Vice Mayor Burdge that the requested approval of waiving the itinerant peddler license fees for the “Celebrate Sand Springs” festival on Saturday, April 17, 2010, under provisions of Section 5.16.050(I) of the City’s Code of Ordinances, 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, nay; Mr. Nichols, nay; Mr. Phillips, nay. The motion carried 4-3-0.  CITY COUNCIL MINUTES APRIL 12, 2010 PAGE 6 10. Street Closing Requests – 2010 Sand Springs Area Chamber of Commerce A. 4th Annual Sand Springs Criterium Bicycle Race Andrew Templeton, Management Analyst, requested Council’s authorization of closing of street, as outlined below, closing from 7:00 a.m. to 6:00 p.m. on Sunday, May 23, 2010, for the 4th Annual Sand Springs Criterium Bicycle Race. 2nd Street: Main Street to Roosevelt Avenue; Main Street: 2nd Street to Broadway Street; Broadway Street: McKinley Avenue to Garfield Avenue (including Triangle radius drive); Garfield Avenue: Broadway Street to 1st Street; 1st Street: Garfield Avenue to Roosevelt Avenue; Roosevelt Avenue: 1st Street to 2nd Street. A motion was made by Councilman Sherrill and seconded by Councilman Neal that the requested authorization of closing of street, closing from 7:00 a.m. to 6:00 p.m. on Sunday, May 23, 2010, for the 4th Annual Sand Springs Criterium Bicycle Race, 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. B. 4th Annual Sand Springs EuroMotor Extravaganza Car Show Andrew Templeton, Management Analyst, requested Council’s authorization of closing of Broadway Street from Main Street to McKinley Avenue (including the radius drive in front of Page Triangle) on Saturday, June 12, 2010, from 7:00 a.m. to 4:00 p.m. for the 4th Annual Sand Springs EuroMotor Extravaganza Car Show. A motion was made by Councilman Neal and seconded by Vice Mayor Burdge that the requested authorization of closing of Broadway Street from Main Street to McKinley Avenue (including the radius drive in front of Page Triangle) on Saturday, June 12, 2010, from 7:00 a.m. to 4:00 p.m. for the 4th Annual Sand Springs EuroMotor Extravaganza Car Show, 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.  CITY COUNCIL MINUTES APRIL 12, 2010 PAGE 7 C. Third Tuesday on the Triangle Summer Concert Series Andrew Templeton, Management Analyst, requested Council’s authorization of closing Broadway Street from Main Street to McKinley Avenue (including the radius drive in front of Page Triangle) on Tuesdays: May 18, June 15, July 20, and August 17, 2010 from 4:00 p.m. to 10:00 p.m. for the Third Tuesday on the Triangle Summer Concert Series. A motion was made by Vice Mayor Burdge and seconded by Councilman Jackson that the requested authorization of closing Broadway Street from Main Street to McKinley Avenue (including the radius drive in front of Page Triangle) on Tuesdays: May 18, June 15, July 20, and August 17, 2010 from 4:00 p.m. to 10:00 p.m. for the Third Tuesday on the Triangle Summer Concert Series, 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. 11. Collective Bargaining Agreement – FOP Local 109 Daniel Bradley, Police Chief, requested Council’s approval of an addendum to the existing Collective Bargaining Agreement with FOP Local 109. It was noted the addendum to the existing Collective Bargaining Agreement would run through June 30, 2011. Daniel Bradley, Police Chief, provided a brief overview of the modifications to the Agreement. Matt Lemon, FOP Local 109 Chairman, expressed appreciation of staff during the negotiation process and stated that due to the current economic woes, the FOP wanted to step up and help out with the budget crises. Stacy Molencupp, FOP Local 109, expressed appreciation of the staff and the professional courtesy during negotiations. A motion was made by Vice Mayor Burdge and seconded by Councilman Neal that the requested approval of an addendum to the existing Collective Bargaining Agreement with FOP Local 109, as presented, be approved.  CITY COUNCIL MINUTES APRIL 12, 2010 PAGE 8 12. Correspondence The following correspondence was provided to Council for their review and information: A. Regular monthly bills. B. A letter, dated March 15, 2010, from Oklahoma Department of Environmental Quality, regarding Permit No. WL000072100057, Water Lines, PWSID No. 1020420, to construct approximately 38 lineal feet of six inch and 538 lineal feet of twelve inch water line and appurtenances to serve the Eagles View RV Park, located in part of the SW/4, Section 2, T19N, R10E, I.M., Tulsa County, Oklahoma, in accordance with the plans approved March 11, 2010, 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 Environment Quality. 13. City Manager’s Report Kevin Nelson, Assistant City Manager, stated there was no report at this time. Mayor Walker informed Council that City Manager Douglas J. Enevoldsen had been offered and accepted the City Manager position with the City of Bixby. 14. Request for Executive Session A. Mayor Walker informed Council of the consideration of 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 for the purpose of conferring on matters 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 Sherrill 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 for the purpose of conferring on matters 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. 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 APRIL 12, 2010 PAGE 9 Mayor Walker, Vice Mayor Burdge, Councilman Phillips, Councilman Nichols, Councilman Jackson, Councilman Neal, Councilman Sherrill, Assistant City Manager Kevin Nelson, Finance Director E. Bruce Ford, Economic Development Director Terry Walters, and City Attorney David Weatherford retired into Executive Session at the noted time of 7:39 p.m. B. Following the Executive Session, a motion was made by Councilman Phillips and seconded by Vice Mayor Burdge to reconvene the City Council meeting. 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. The City Council meeting reconvened at the noted time of 8:07 p.m. C. Mayor Walker informed Council that no action was deemed appropriate by the City Council as a result of the Executive Session. 15. 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. 16. Adjournment There being no other discussion, the meeting adjourned at the noted time of 8:08 p .m. ____________________________ E. Bruce Ford, City Clerk