City Council

MINUTES Sand Springs City Council Regular Meeting September 12, 2011 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #211 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (6-0) Vice Mayor Dean Nichols (6-0) Councilman Michael Phillips (6-0) Councilman Jesse Honn (6-0) Councilman Brian M. Jackson (6-0) Councilman Harold G. Neal (5-1) Councilman James D. Rankin (6-0) 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 September 12, 2011 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted at 9:00 a.m. on September 8, 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.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 2 3. Invocation Following Roll Call, the Mayor Burdge provided a quote by Reverend John Weatherspoon. 4. Pledge of Allegiance Following the Invocation, Vice Mayor Nichols led the Pledge of Allegiance. 5. Proclamation(s) A. Mayor Burdge read aloud and presented a Mayoral Proclamation to Kari Goins, proclaiming that Sand Springs “Cares Enough to Wear Pink” during the week of October 22-29, 2011, as a part of the “Turn Tulsa County Pink” Cancer Awareness Event. Ms. Goins expressed her appreciation of the City of Sand Springs for taking part in the “Tulsa Tulsa County Pink” Cancer Awareness Event. B. Mayor Burdge read aloud a Mayoral Proclamation proclaiming the month of September 2011 as Prostate Cancer Awareness Month in the City of Sand Springs, Oklahoma. 6. 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 requested additional information for Consent Agenda Items G, and L - M. Councilman Phillips questioned whether the video equipment would be of sufficient quality for broadcasting at a future date. Mike Carter, Assistant Police Chief, stated the video equipment quality would be sufficient and is the same type the Police Department currently utilizes in the interview room. It was noted that audio is optional and could be turned on or off. Councilman Rankin requested that Consent Agenda Item G be passed to a future meeting date to allow for further review and consideration prior to considering said item.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 3 Councilman Phillips questioned if the funds for the compensation of the easements for Consent Agenda Items L - M, and N, would be reimbursed by Rural Water District No. 1. Derek Campbell, Public Works Director, stated that as a part of the City taking over Rural Water District No. 1, the City received the District’s water system and any funds on hand, which are to be utilized for improvements to the subject water service district. The previously received funds from Rural Water District No. 1 will be used for the compensation for the easements. There being no other questions or need for clarification, Mayor Burdge requested a motion regarding Consent Agenda Items 5A through 5Q, excluding Item 5G which will be considered at a later date. A motion was made by Councilman Phillip and seconded by Councilman Rankin to approve the Consent Agenda Items 5A through 5F and 5H through 5Q, as follows: A. The minutes of the August 22, 2011 regular City Council meeting. B. The minutes of the August 25, 2011 special City Council meeting. C. The surplus of eight (8) 800mhz radios form the City’s inventory. D. The transfer of eight (8) 800mhz radios from the City’s inventory to the City of Mannford. E. The surplus and disposal of city vehicles assigned to the Police Department. F. The transfer of two (2) vehicles; 2001 Ford and 2003 Dodge; to the County of Pawnee for the use by County Deputies. H) The acceptance of the Oklahoma Highway Safety Office grant and all of the terms outlined in the accompanied Agreement. I) A supplemental appropriation in the General Fund for an increase to the Revenue – OHSO Grant line item in the amount of $35,733.00 and an increase to the Expenditure – Police Department line item in the amount of $35,733.00. J) An expenditure in the amount of $212,768.00 to EMSA for the City’s portion of the subsidy requirement to sustain operations in EMSA Eastern Division, which includes the City of Sand Springs. K) The proposed Amendment No. One with Dewberry Design Group, Inc. for engineering services associated with the Rolling Oaks (L19) Lift Station Rehabilitation project.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 4 L) The acceptance of a water service line easement from Walter Bret and Trish Ann Mock for compensation in the amount of $800.00 for the District 1 Waterline Improvements Phase II project. M) The acceptance of a water service line easement from Albert R. Mock Trust B for compensation in the amount of $400.00 for the District 1 Waterline Improvements Phase II project. N) The acceptance of a water service line easement from Robert M. Preston 1999 Revocable Trust for compensation in the amount of $600.00 for the District 1 Waterline Improvements Phase II project. O) The acceptance of a water service line easement donated from Jade Development, LLC. for the District 1 Waterline Improvement Phase II project. P) Change Order No. 1 in the amount of $3,810.00, for additional specified special concrete repair material, increasing the contract amount to $42,660.00 with GMA Construction for the Shell Lake Dam Concrete Rehabilitation Improvements project. Q) The acceptance of the Shell Lake Dam Concrete Rehabilitation Improvements project as constructed by GMA (Gentry-McDonald-Austin) Construction. 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. 7. Resolution No. 12-06 - Invocation David Weatherford, City Attorney, informed Council of the requested approval of Resolution No. 12-06, a resolution of the Council of the City of Sand Springs, Oklahoma, concerning City Council invocation at regular Council meetings. David Weatherford, City Attorney, provided a brief overview of the proposed resolution regarding invocation at regular Council meetings. Vice Mayor Nichols clarified that a Councilmember may elect to provide a prayer, words of inspiration or just a moment of silence. Vice Mayor Nichols questioned whether or not a Council member would be allowed to “pass” his invocation to another Council member.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 5 It was noted that the Council member could address the invocation however they felt appropriation, whether it be passed to other Council member or have a moment of silence. Councilman Honn clarified that the invocation would be on a rotating schedule. Mayor Burdge noted the rotating schedule would begin at the next meeting. Councilman Rankin expressed his support of the resolution; stating is was a good way to address the invocation. Councilman Honn expressed the resolution was a good compromise. Councilman Phillips noted that the 2nd paragraph on page 2 should be item “D” instead of “C”. Following discussion a motion was made by Councilman Rankin and seconded by Councilman Phillips that the requested approval of Resolution No. 12-06, as modified by correcting the item number to “D” on page 2, paragraph, 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. 8. Resolution No. 12-05 – Council Code of Ethics David Weatherford, City Attorney, informed Council of the request of approval of Resolution No. 12-05, a resolution of the City of Sand Springs modifying the City Council Code of Ethics. David Weatherford, City Attorney, provide a brief overview of the proposed modifications to the City Council Code of Ethics. A motion was made by Councilman Phillips and seconded by Councilman Honn that the requested approval of Resolution No. 12-05, a resolution of the City of Sand Springs modifying the City Council Code of Ethics, as presented, be approved.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 6 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. 9. Healthy Eating Active Living (H.E.A.L.) A. Rocky D. Rogers, City Manager, requested Council’s approval of Resolution No. 12-07, a resolution of the City of Sand Springs relating to a Healthy Eating Active Living (H.E.A.L.) Policy. Rocky D. Rogers, City Manager, provided an overview of the proposed H.E.A.L. Policy. Councilman Phillips questioned how the policy would affect the Senior Citizen Nutritional program. Grant Gerondale, Parks Director, informed Council that Sodexo purchases for the food, so it would not be regulated by the subject policy. Councilman Honn expressed support of the proposed resolution and noted that Sand Springs would be the first city in Oklahoma to adopt such a policy. Following discussion a motion was made by Vice Mayor Nichols and seconded by Councilman Jackson that the requested approval of Resolution No. 12-07, a resolution of the City of Sand Springs relating to a Healthy Eating Active Living (H.E.A.L.) Policy, 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 Jackson, aye. The motion carried 7-0-0. B. Rocky D. Rogers, City Manager, requested Council’s approval of Resolution No. 12-08, a resolution of the City of Sand Springs relating to the establishment of City Food and Beverage Standards for City facilities and programs. Rocky D. Rogers, City Manager, provided an overview of the proposed City Food and Beverage Standards for City facilities and programs.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 7 A motion was made by Councilman Neal and seconded by Councilman Honn that the requested approval of Resolution No. 12-08, a resolution of the City of Sand Springs relating to the establishment of City Food and Beverage Standards for City facilities and programs. 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. Correspondence The following correspondence was provided to Council for their review and information: A. Regular monthly bills. B. A letter dated, August 22, 2011, from Oklahoma Department of Environmental Quality, regarding Permit No. SL000072110553 – Standby Power Generator for Pratt II Lift Station, Facility No. S-20457, for the construction of one (1) standby power generator and al appurtenances to serve the City of Springs, Tulsa County, Oklahoma. C. A letter dated, August 22, 2011, from Oklahoma Department of Environmental Quality, regarding Permit No. SL000072110554 – Northside Sewer Line Replacement, Facility No. S-20457, for the construction of 65 linear feet of ten (10) inch DIP, 183 linear feet of ten (10) inch HDPE, 598 linear feet of HDPE to serve the City of Sand Springs, Tulsa County, Oklahoma. D. A letter dated, August 22, 2011, from Oklahoma Department of Environmental Quality regarding Permit No. SL000072110555 – River Ridge Apartments Sewer Line Replacement, Facility No. S-20457, for the construction of 790 linear feet of eight (8) inch DIP, 94 linear feet of ten (10) inch PVC, 117 linear feet of ten (10) inch DIP, 301 linear feet of ten (10) inch HDPE sanitary sewer line and all appurtenances to serve the City of Sand Springs, Tulsa County, Oklahoma. 11. City Manager’s Report Rocky D. Rogers, City Manager, reported on the following items: A. T. J. Davis, Projects Administrator, provided a written summary of the 2010 overlay project, which was completed on September 1, 2011.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 8 B. INCOG staff provided two (2) options for the re-districting of the Ward boundaries. The options will be placed on the September 26, 2011, agenda for discussion. It was noted that a legal notice regarding the re-districting would need to be published prior to Council taking any action on said item. Councilman Phillips requested staff to prepare for an item for consideration of a Charter change in regards to changing the requirement from 5 years to 10 years, like the State, in regarding to re-districting of the Ward boundaries. Councilman Phillips informed Council that he would be attending the pre- conference session, as well as the OML Conference this week. 12. Executive Session A. Mayor Burdge informed Council of the request to retire into Executive Session for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(C)(10). A motion was made by Councilman Phillips and seconded by Vice Mayor Nichols to retire into Executive Session 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 Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Jackson, 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 D. Rogers, Assistant City Manager E. Bruce Ford, Economic Development Director Terry Walters, and City Attorney David Weatherford, retired into Executive Session at the noted time of 7:36 p.m. Discussion was held in regards to the item as listed on the agenda. B. Following the Executive Session, a motion was made by Councilman Phillips and seconded by Councilman Neal to return to 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.  CITY COUNCIL MINUTES SEPTEMBER 12, 2011 PAGE 9 The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 8:37 p.m. C. 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. 13. 13. 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. 14. Adjournment There being no other discussion, the meeting adjourned at the noted time of 8:38 p .m. ___________________________ E. Bruce Ford, City Clerk