City Council

MINUTES Sand Springs City Council Regular Meeting July 25, 2011 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #211 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (4-0) Vice Mayor Dean Nichols (4-0) Councilman Michael Phillips (4-0) Councilman Jesse Honn (4-0) Councilman Harold G. Neal (4-0) Councilman Brian M. Jackson (4-0) Councilman James D. Rankin (4-0) ALSO PRESENT: City Manager Rocky D. Rogers Assistant City Manager E. Bruce Ford City Attorney David Weatherford Recording Secretary Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on July 25, 2011 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted at 1:00 p.m. on July 21, 2011, and the Addendum at 11:00 a.m. on July 22, 2011, 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 Burdge called the meeting to order at the noted time of 7:00 p.m. 2. Roll Call Mayor Burdge called for an individual roll call with members replying in the following manner: Councilman Phillips, here; Councilman Honn, here; Councilman Jackson, here; Vice Mayor Nichols, here; Mayor Burdge, here; Councilman Neal, here, Councilman Rankin, here. 3. Invocation Following Roll Call, Councilman Jackson delivered the invocation.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 2 4. Pledge of Allegiance Following the Invocation, Vice Mayor Nichols led the Pledge of Allegiance. 5. Consent Agenda (A-Q) Mayor Burdge 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 Burdge noted that questions or clarification on any consent agenda items could be addressed prior to taking action. Mayor Burdge requested if Council had questions or needed clarification on any consent agenda item. Councilman Phillips noted that the first sentence, of Consent Item A-Minutes, Page 9-City Manager Report, needed to be removed. Councilman Phillips also questioned if the Police Pursuit vehicles, being purchase under Consent Item E, were all inclusive or if the computer and other various equipment would be utilized from other vehicles. Daniel Bradley, Police Chief, stated the computer and other various equipment would be purchase and installed. Councilman Phillips questioned which Police Officer is participating in the Memorandum of Understanding program with Tulsa County. Daniel Bradley, Police Chief, stated that Officer Glen Pope would continue to participate in the program with Tulsa County. There being no other questions or need for clarification, Mayor Burdge requested if Council had items to be removed from the Consent Agenda. There being none, Mayor Burdge requested a motion regarding Consent Agenda Items 5A through 5Q. A motion was made by Councilman Phillip and seconded by Councilman Neal to approve the Consent Agenda Items 5A through 5Q, as follows: A. The minutes of the June 27, 2011 regular City Council meeting, with the modification, to Page 9 - City Manager Report, of the first sentence being removed. B. The monthly Transfers of Funds. C. A renewal of Fire Vehicle and Equipment Lease Purchase No. 1007065753, dated October 22, 2007, with American Heritage Bank, for the Fiscal Year ending June 30, 2011.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 3 D. The City’s FY2012 contract for fixed-route bus service and Para-transit vehicle service within the Metropolitan Tulsa Transit Authority (Tulsa Transit) service area at an annual cost of $44,000.00. E. The authorization to purchase four (4) Police Pursuit vehicles, budgeted in FY2012 General Fund Short Term Capital Fund in the amount of $23,724.00 per vehicle, from State Bid No. SW00035. F. The acceptance of the continuing Memorandum of Understanding with the Tulsa County Sheriff’s Office. G. A supplemental appropriation in the General Fund for an increase to the Revenue – Tulsa County Sheriff Grant line item in the amount of $56,640.00 and an increase to the Ending Unreserved Fund Balance line item in the amount of $56,640.00. H. The FY2009 Tulsa County Community Development Block Grant Urban County contract and authorization for the Mayor to sign the necessary documents. I. A supplemental appropriation in the CDBG-EDIF Fund for an increase in the Revenue – HUD Grant Revenue line item in the amount of $96,124.00 and an increase to the Expenditure – CDBG 2009 line item in the amount of $96,124.00. J. SUP-24 for expansion of Cathedral of Praise Church located at 4600 South 129th West Avenue. K. The authorization for the Mayor to execute the Interlocal Agreement with Tulsa County for the FY12 Street Overlays project. L. Change Order No. One to the Agreement with Crestline Construction Company, Inc. for a decrease in the contract price of $4,410.89 and an increase in the contract time of 28 calendar days for the 2008 CDBG ADA Entry Improvements project. M. The acceptance of the improvements as constructed by Crestline Construction Company, Inc. for the 2008 CDBG ADA Entry Improvements project. N. The authorization for the Mayor to execute a Professional Services Agreement with R. L. Shears Company for design of the 2009 CDBG Sidewalk Improvements project.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 4 O. Programming Resolution No. 12-03 for FFY2015 STP Funding Application- ODOT and authorization of signatures to make Application for FFY2015 STP Funding from ODOT. P. Change Order No. One (Reconciliatory) to the Agreement with Ram Utility Construction, Inc. for a net decrease in the amount of $10,055.10 and no change in the contract time for the Pratt 1 Lift Station Basin Sanitary Sewer Pipeline and Manhole Rehabilitation project – Bid No. 982. Q. The acceptance of the Pratt 1 Lift Station Basin Sanitary Sewer Pipeline and Manhole Rehabilitation project – Bid No. 982, as constructed by Ram Utility Construction, Inc. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 6. Mayoral Proclamation Mayor Burdge read aloud and presented a Mayoral Proclamation to Ivan “Whitey” White, Sr. recognizing the 25th Anniversary of Whitey’s Pawn and Tools. Mr. White expressed appreciation of the recognition. 7. Board and Committee Appointments A. Board of Adjustment 1. Mayor Burdge informed Council of the appointment of a representative to serve on the Board of Adjustment for an unexpired term to May 2013. A motion was made by Mayor Burdge and seconded by Councilman Phillips that John Fothergill be appointed as a representative to serve on the Board of Adjustment for an unexpired term to May 2013. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 5 2. Mayor Burdge informed Council of the appointment of a representative to serve on the Board of Adjustment for an unexpired term to May 2014. A motion was made by Mayor Burdge and seconded by Councilman Jackson that Jonathan Wygle be reappointed as a representative to serve on the Board of Adjustment for an unexpired term to May 2014. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 8. Resolution No. 12-02 – Council Committees Rocky D. Rogers, City Manager, requested Council’s approval of Resolution No. 12-02, a resolution concerning committees of the City Council of the City of Sand Springs. Rocky D. Rogers, City Manager, indicated the resolution would re-affirm 4 of the 5 committees, eliminating the Council Economic Development Committee. It was noted that there is currently the City Department of Economic Development, which the City Manager is very involved in, as well as the Chamber of Commerce, Sand Springs Economic Development Committee, and the Sand Springs Development Authority. Councilman Phillips requested the Resolution be amended to include him stepping down from the Council Finance Committee so that Councilman Honn could step in to meet the requirement of each Council member serving on at least one Council Committee. David Weatherford, City Attorney, stated that the action of Councilman Honn be appointed to serve on the Council Finance Committee would require a separate agenda item, which could be placed on the next meeting agenda. Following discussion a motion was made by Councilman Rankin and seconded by Councilman Neal that the requested approval of Resolution Nol. 12-02, a resolution concerning committees of the City Council of the city of Sand Springs, as presented, be approved.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 6 Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. 9. City Council Email Accounts and Computer Usage David Weatherford, City Attorney, stated that with the recent creation of Council member email accounts, Council needs to be aware that these emails are subject to the Open Records Act; as well as the need to comply with the computer usage policy of the City. David Weatherford, City Attorney, requested approval of the application of the city computer usage policy to City Council. Councilman Phillips indicated that the policy needs to address the issue that Council members shall only use the City-created email accounts for all future correspondence regarding City business. David Weatherford, City Attorney, stated that the Council Code of Ethics would be the appropriate place to address the requirement to use the City-created email accounts for all future correspondence regarding City business. Following further discussion, a motion was made by Councilman Phillips and seconded by Councilman Honn that the requested approval of the application of the city computer usage policy to City Council, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 10. Resolution No. 12-04 – OML Board Nomination Mayor Burdge requested Council’s approval of Resolution No. 12-04, a resolution of support for the appointment of Michael L. Phillips to the District 6 Seat on the Board of Directors of the Oklahoma Municipal League. Mayor Burdge expressed appreciation of Councilman Phillips taking the initiative to take on this volunteer position and represent Sand Springs.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 7 A motion was made by Mayor Burdge and seconded by Councilman Jackson that the requested approval of Resolution No. 12-04, a resolution of support of the appointment of Michael L. Phillips to the District 6 Seat on the Board of Directors of the Oklahoma Municipal League, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. 11. Street Closing Request – Restoring Courage Rally Susan Pitts, Community Development Coordinator, requested Council’s authorization for the closure of streets around Triangle Park for Wednesday, August 24, 2011, from 6:00 to 10:00 p.m. for the Restoring Courage Rally – Use Permit No. 11-007. Susan Pitts, Community Development Coordinator, informed Council that this is a first-time event and unfortunately the applicant is not in attendance. Councilman Rankin questioned whether Broadway Avenue would be closed between Lincoln and McKinley Avenues. It was noted that Broadway, between Lincoln and McKinley Avenues, would not be closed. Vice Chairman Nichols questioned whether businesses in the street closure area would be given access to their businesses during the event. It was noted that the businesses in the street closure area would have access to their businesses, and that if the event didn’t draw many participants that the barricades could be taken down. Councilman Phillips requested clarification on the broadcast would be held at the Ninth Grade Center or the Case Community Center. It was noted that overall plans have not been finalized for the event, so the broadcast location in unconfirmed at this time. Councilman Honn questioned whether the applicant agreed to providing portable restrooms and trash service.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 8 It was noted that the applicant has not confirmed providing portable restrooms or trash service at this time. Following lengthy discussion, a motion was made by Vice Mayor Nichols and seconded by Councilman Neal that the requested authorization for the closure of streets around Triangle Park for Wednesday, August 24, 2011, from 6:00 to 10:00 p.m. for the Restoring Courage Rally – Use Permit No. 11-007, with the added conditions of providing portable restrooms and trash service, as well as providing the Police Department with the authority to remove the barricades, if judged appropriate, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 12. Public Hearing Annexation and SSZ-474, 21201 West 8th Street – Ordinance No. 1214 A. Public Hearing Mayor Burdge informed Council of the Public Hearing for the purpose of receiving citizen input regarding the annexation and zoning of approximately 7 acres at 21201 West 8th Street, Tulsa County, located west of 209th West Avenue on the north side of the Sand Springs Expressway, Ordinance No. 1214. Mayor Burdge opened the Public Hearing, noting no one had signed in to address this item. Mayor Burdge asked if anyone in attendance would like to make comments regarding said item. Jim Dunlap, City Planner, provided a brief overview of the requested annexation. Vice Mayor Nichols clarified the location of the subject project. There being no other comments, Mayor Burdge closed the Public Hearing. B. Ordinance No. 1214 Jim Dunlap, City Planner, requested Council’s adoption of Ordinance No. 1214, an ordinance annexing and zoning a ±7-acre tract of land located at 21201 West 8th Street. Councilman Phillips questioned if the facility at said location is currently occupied.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 9 It was noted the facility at said location is currently occupied. Councilman Phillips questioned whether the ordinance included a reversionary clause regarding the zoning change. It was noted that a reversionary clause regarding the zoning change is addressed in the annexation process. Vice Mayor Nichols questioned if adjacent property owners were notified. It was noted that the adjacent property owners were notified. Following discussion a motion was made by Councilman Neal and seconded by Councilman Rankin that the requested adoption of Ordinance No. 1214, an ordinance annexing and zoning a ±7-acre tract of land located at 21201 West 8th Street, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. C. Emergency Clause Jim Dunlap, City Planner, requested approval of an Emergency Clause with Ordinance No. 1214. Councilman Phillips questioned the need for an Emergency Clause, based on the definition of an emergency in the Code of Ordinances. David Weatherford, City Attorney, stated whether or not to adopt an Emergency Clause with an ordinance has been discussed previously and that for this particular ordinance it would expedite the effective dates, as well as provide cost savings. Councilman Honn questioned how much it would cost to publish the subject ordinance in its entirety. Janice L. Almy, Executive Assistant to the City Manager/Deputy City Clerk, stated that the cost varies, based on the length of the ordinance and whether or not it includes a map.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 10 Vice Mayor Nichols questioned whether there was a way to shorten ordinances in general. David Weatherford, City Attorney, stated there is not a way at this time to shorten ordinances. Following Discussion a motion was made by Councilman Rankin and seconded by Councilman Honn to deny the requested approval of an emergency Clause with Ordinance No. 1214. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 13. Correspondence The following correspondence was provided to Council for their review and information: A. Regular monthly bills 14. City Manager’s Report Rocky D. Rogers, City Manager, provided a rendering of the proposed Tulsa Tech facility to be located on Charles Page Boulevard. It was noted that a groundbreaking ceremony will be held on October 6, 2011. Rocky D. Rogers, City Manager, stated that, effectively immediately, he has implemented a “Whistleblower” policy for City employees. 15. New Business – Any matter not know 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. Following Agenda Item No. 15 – New Business, a motion was made by Vice Mayor Nichols and seconded by Councilman Honn to recess the City Council Meeting, to be reconvened following the Municipal Authority Meeting.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 11 Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. The City Council Meeting recessed at the noted time of 7:34 p.m. Following the Municipal Authority Meeting, a motion was made by Councilman Phillips and seconded by Council Jackson to reconvene the City Council Meeting. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. The City Council Meeting reconvened at the noted time of 7:36 p.m. Mayor Burdge moved to Addendum Item No. 1 Use Agreement – Sand Springs Softball for Freedom Field Park Jeff Edwards, Parks Facilities Manager, requested Council’s approval of a Use Agreement with the Sand Springs Softball Association for privileged use of Freedom Field Park to facilitate portions of their softball program. A motion was made by Councilman Jackson and seconded by Councilman Honn that the requested approval of a Use Agreement with the Sand Springs Softball Association for privileged use of Freedom Field Park to facilitate portions of their softball program, as presented, be approved. Councilman Phillips noted that the vote by the Park Board was 7-0-0, not 6-0-0 as indicated on the agenda item. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 12 16. Executive Session A. Mayor Burdge informed Council of the request to retire into Executive Session for the purpose of discussion related to the Green Tree Legend v. City of Sand Springs, in accordance with O.S. Title 25, Section 307(B)(4); and for the purpose of discussion related to the employment of the City Manager, in accordance with O.S. Title 25, Section 307(B)(1); and for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(C)(10). B. A motion was made by Councilman Philips and seconded by Councilman Neal to retire into Executive Session for the purpose of discussion related to the Green Tree Legend v. City of Sand Springs, in accordance with O.S. Title 25, Section 307(B)(4); and for the purpose of discussion related to the employment of the City Manager, in accordance with O.S. Title 25, Section 307(B)(1); and for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(C)(10). Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. Mayor Burdge, Vice Mayor Nichols, Councilman Phillips, Councilman Honn, Councilman Jackson, Councilman Neal, Councilman Rankin, City Manager Rocky Rogers, Assistant City Manager E. Bruce Ford, City Attorney David Weatherford, Fire Chief Mike Wood, and Fire Marshal Stan Smith retired into Executive Session at the noted time of 7:38 p.m. Discussion was held in regards to the item – Green Tree Legend v. City of Sand Springs, as listed on the agenda. Fire Chief Mike Wood and Fire Marshall Stan Smith left the Executive Session. Economic Development Director Terry Walters joined the Executive Session. Discussion was held in regards to the item – Economic Development, as listed on the agenda. Economic Development Director Terry Walters and Assistance City Manager E. Bruce Ford left the Executive Session. Discussion was held in regards to the item – Employment of the City Manager, as listed on the agenda.  CITY COUNCIL MINUTES JULY 25, 2011 PAGE 13 C. Following the Executive Session, a motion was made by Councilman Phillips and seconded by Vice Mayor Nichols to return to the City Council meeting. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 9:23 p.m. D. Mayor Burdge requested if there were any actions to be taken as a result of the Executive Session. There being none, Mayor Burdge moved to Agenda Item No. 17. 17. Adjournment There being no other discussion, the meeting adjourned at the noted time of 9:23 p .m. ___________________________ E. Bruce Ford, City Clerk