City Council

MINUTES Sand Springs City Council Regular Meeting February 13, 2012 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #211 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (14-0) Vice Mayor Dean Nichols (14-0) Councilman Michael Phillips (14-0) Councilman Jesse Honn (14-0) Councilman Harold G. Neal (13-1) Councilman Brian M. Jackson (14-0) Councilman James D. Rankin (14-0) ALSO PRESENT: City Manager Rocky Rogers City Attorney David Weatherford Recording Secretary Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on February 13, 2012 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted at 11:00 a.m. on February 9, 2012, 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 FEBRUARY 13, 2012 PAGE 2 3. Invocation Following Roll Call, Councilman Phillips indicated there would be no invocation this evening. 4. Pledge of Allegiance Following Agenda Item No. 3, Councilman Rankin led the Pledge of Allegiance. 5. Consent Agenda (A-C) 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 or whether any item needed to be considered separate. Councilman Honn requested if other alternatives, such as rechargeable electric vehicles, have been reviewed regarding Consent Agenda Item No. 5B. Derek Campbell, Public Works Director, stated that staff has reviewed the rechargeable electric vehicles, as well as the compressed natural gas (CNG) vehicles. Staff felt the CNG vehicles would be a better test vehicle due to the limited charge time and traveling distance, like to Oklahoma City, by the electric vehicles. Councilman Phillips questioned whether funding is available for either of the options. Derek Campbell, Public Works Director, indicated funding is available for both options. Vice Mayor Nichols indicated that Sand Springs Schools utilizes CNG buses and questioned whether they have been approached to consider a joint effort on a fueling station. City Manager Rocky Rogers indicated Sand Springs School and City staffs have discussed the possibilities of a fueling station. Councilman Phillips indicated a correction to Consent Item No. 5-A page 3, second paragraph of the minutes should reflect Consent Agenda Items 5A through 5F. There being no other requests, Mayor Burdge requested a motion regarding Consent Agenda Items 5A through 5C, with the correction to the minutes.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 3 A motion was made by Councilman Honn and seconded by Councilman Neal to approve the Consent Agenda Items 5-A through 5-C, with the correction to minutes , as follows: A. The minutes of the January 23, 2012 regular City Council meeting. B. The authorization to submit an application to Tulsa Area Clean Cities and INCOG for funding to acquire equipment for normal use for conducting a case study of the benefits of the use of Compressed Natural Gas as an alternative fuel source. C. Adoption of Resolution No. 12-24 as the official Legacy Statement, both now and in the future for Sand Springs City Employees. 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. Incentive Policy City Manager Rocky Rogers indicated that representatives from Department of Commerce (DOC) were unable to attend the meeting and requested this item be moved to another date, whether another Council meeting or non-meeting date. Councilman Phillips indicated which date works best for DOC. Councilman Rankin requested a 4-to-6 hour workshop be scheduled. 7. General Obligation Refunding Bonds A. Resolution No. 12-25 John Weidman, Bond Counsel, Hilborne and Weidman, requested Council’s adoption of Resolution No. 12-25 authorizing the sale of One Million Five Hundred Ten Thousand and No/100s Dollars ($1,510,000.00) General Obligation Refunding Bonds of 2012, Series A, of the City of Sand Springs, Oklahoma; fixing the amount of the Bonds to mature each year; waiving competitive bidding on said Bonds and authorizing the sale of such Bonds at par; approving a Bond Purchase Agreement; and containing other provisions relating thereto; and declaring an emergency.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 4 Mr. Weidman indicated that there will be solicitation for proposals for the sale of the bonds and will bring them to the Council for consideration in approximately one month. Vice Mayor Nichols requested clarification on the General Obligation Refunding Bond process. Mr. Weidman provided an overview of said process, indicated the re-issuance would save tax payers money. Councilman Phillips clarified that the request is for reissuance of current debt, not a new debt. Following discussion a motion was made by Vice Mayor Nichols and seconded by Councilman Honn that the requested adoption of Resolution No. 12-25 authorizing the sale of One Million Five Hundred Ten Thousand and No/100s Dollars ($1,510,000.00) General Obligation Refunding Bonds of 2012, Series A, of the City of Sand Springs, Oklahoma; fixing the amount of the bonds to mature each year; waiving competitive bidding on said bonds and authorizing the sale of such bonds at par; approving a Bond Purchase Agreement; and containing other provisions relating thereto; and declaring an emergency, 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. B. Resolution No. 12-26 John Weidman, Bond Counsel, Hilborne and Weidman, requested Council’s adoption of Resolution No. 12-26 authorizing the sale of One million Thirty Thousand and No/100s Dollars ($1,030,000.00) General Obligation Refunding Bonds of 2012, Series B, of the City of Sand Springs, Oklahoma; fixing the amount of bonds to mature each year; waiving competitive bidding on said bonds and authorizing the sale of such bonds at par; approving a Bond Purchase Agreement; and containing other provisions relating thereto; and declaring an emergency. A motion was made by Councilman Phillips and seconded by Councilman Neal that the requested adoption of Resolution No. 12-26 authorizing the sale of One million Thirty Thousand and No/100s Dollars ($1,030,000.00) General Obligation Refunding Bonds of 2012, Series B, of the City of Sand Springs, Oklahoma; fixing the amount of bonds to mature each year; waiving competitive bidding on said  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 5 bonds and authorizing the sale of such bonds at par; approving a Bond Purchase Agreement; and containing other provisions relating thereto; and declaring an emergency, 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. 8. Annexation and Zoning Change for 200 South Broad Street A. Public Hearing Mayor Burdge opened the Public Hearing for the purpose of receiving citizen input regarding the annexation and zoning of 200 South Broad Street, Ordinance No. 1220. Susan Pitts, Community Development Coordinator, provided a brief overview of the requested annexation and zoning change. Mayor Burdge indicated two citizens signed in to address Item No. 8. Barbara Shockley, 202 Broad Street, expressed opposition to the requested annexation and zoning change which would allow a business next to her home. Ms. Shockley indicated there is a large amount of traffic and trash from other businesses in the area. Clint Case, the applicant, 200 Broad Street, indicated that he and his wife is leasing the property from the owner, and his cousin, Mark Massey, for the purpose of opening a consignment shop. There being no one else to speak regarding Item No. 8, Mayor Burdge closed the Public Hearing. B. Ordinance No. 1220 Mayor Burdge informed Council of the request for adoption of Ordinance No. 1220, an ordinance annexing and Commercial Shopping zoning of land located at 200 South Broad Street. Councilman Phillips noted the mixed use zoning in the area.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 6 Following discussion a motion was made by Councilman Neal and seconded by Councilman Jackson that the requested adoption of Ordinance No. 1220, an ordinance annexing and Commercial Shopping zoning of land located at 200 South Broad 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. 9. Lot Splits and Combinations A. SSLC-591 Lot Combination – Lots 11 and 12, Block 2 Timberling Hollow – 702 West 38th Street Susan Pitts, Community Development Coordinator, requested Council’s approval of Lot Combination Agreement for SSLC-591. It was noted that the lot will conform to the bulk and area requirements. Councilman Phillips questioned whether anyone spoke in opposition to the request at the Planning Commission meeting. It was noted that no one opposed said request. A motion was made by Councilman Phillips and seconded by Councilman Neal that the requested approval of Lot combination Agreement for SSLC-591, as presented, be approved. Mayor Burdge called for the voter 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. B. SSLC-592 Lot Combination – Lots 10 and 11, Block 2 The Ridge at Whispering Creek – 4308 South Summit Court Susan Pitts, Community Development Coordinator, requested Council’s approval of Lot Combination Agreement for SSLC-592.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 7 It was noted that the lot will conform to the bulk and area requirements and that no one opposed said request at the Planning Commission meeting. A motion was made by Councilman Phillips and seconded by Councilman Neal that the requested approval of Lot Combination Agreement for SSLC-592, 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. SSLC-593 Lot Split and Combination – Part of Lot 6, Block B, Garden Heights Addition – 3505 and 2507 South Summit Blvd Susan Pitts, Community Development Coordinator, requested Council’s approval of Lot Combination Agreement for SSLC-593. It was noted that the lot will conform to the bulk and area requirements. Councilman Phillips clarified that the split/combination is to reduce 3507 South Summit Boulevard and increase 3505 South Summit Boulevard by approximately 60 feet land. A motion was mad by Councilman Neal and seconded by Councilman Phillips that the requested approval of Lot Combination Agreement for SSLC593, 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. 2011 Northside Sanitary Sewer Line and Manhole Rehabilitation Project Derek Campbell, Public Works Director, requested approval of Change Order No. 3 to the Agreement with Ram Utility Construction, Inc. for an increase in the contract amount of $103,487.10 and no increase in the contract time.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 8 Derek Campbell, Public Works Director, provided an overview of said project and Change Order No. 3. A motion was made by Councilman Phillips and seconded by Councilman Neal that the requested approval of Change order No. 3 to the Agreement with Ram Utility Construction, Inc. for an increase in the contract amount of $103,487.10 and no increase in the contract time, as presented, be approved. Mayor Burdge called for the vote 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. Project No. S-1205: 5th and Main Sanitary Sewer Derek Campbell, Public Works Director, requested Council’s acceptance of easements and temporary construction easements for the 5th and Main Sanitary Sewer Project No. S-1205. It was noted that the owners of the property, for the temporary construction easements, agree to pay the City $500, plus provide the temporary construction easement at no cost, to cover the costs of the service tap and sewer line repairs. A motion was made by Councilman Jackson and seconded by Councilman Honn that the requested acceptance of easements and temporary construction easements for the 5th and Main Sanitary Sewer Project No. S-1205, 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. 12. Special Events Policy Mike Carter, Assistant Police Chief, provided a PowerPoint presentation regarding a proposed Special Events Policy, noting the policy would be brought before Council at a later date for consideration. It was noted the proposed policy, if approved, would be implemented in 2013.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 9 Alan Ringle, 5615 North Highway 97, requested that a representative, such as Mary Eubanks of the Chamber, be appointed to serve on the committee since most of the special events are coordinated through the Chamber. There being no other comments, Mayor Burdge moved to Agenda Item No. 13. 13. 2011 Assistant to Firefighters Grant A. Acceptance of the 2011 Assistance to Firefighters Grant Mike Wood, Fire Chief, requested Council’s authorization for the Fire Chief to accept Grant No. EMW-2011-FO-04429, 2011 Assistance to Firefighters Grant. Mike Wood, Fire Chief, provided an overview of the grant application and the items to be purchased. A motion was made by Councilman Phillips and seconded by Councilman Rankin that the requested authorization for the Fire Chief to accept Grant No. EMW-2011- FO-04429 – 2011 Assistance to Firefighters Grant, 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. B. Supplemental Appropriation Mike Wood, Fire Chief, requested Council’s approval of a supplemental appropriation in the General Fund for an increase to the Revenue-FEMA 2011 Assistance to Firefighters Grant line item in the amount of $183,105.00; and increase to the Expenditure-Fire Department line item in the amount of $203,450.00, and a decrease to the Ending Fund Balance line item in the amount of $20,345.00. A motion was made by Councilman Phillips and seconded by Councilman Neal that the requested approval of a supplemental appropriation in the General Fund for an increase to the Revenue-FEMA 2011 Assistance to Firefighters Grant line item in the amount of $183,105.00; and increase to the Expenditure-Fire Department line item in the amount of $203,450.00, and a decrease to the Ending Fund Balance line item in the amount of $20,345.00, as presented, be approved.  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 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. 14. Correspondence The following correspondence was provided to Council for their review and information. A. Regular monthly bills. B. City Policy No. CAP-12-001 – Disposal of Public Record – Audio Tapes or Digital Recordings. 15. City Manager’s Report The City Manager provided updates regarding recent and upcoming events and projects, including events of interest and the general operations of the City, as follows: A. Staff is working on goal setting. B. City Manager will host workshops for the general public regarding annexation, franchise fees, and hotel/motel taxes. C. The Spring Household Pollution Event is scheduled for April 14 and 15, 2012 at the Tulsa Fairgrounds. 15. Executive Session A) Mayor Burdge informed Council of the request to retire into Executive Session for the purpose of discussion related to City of Sand Springs v. Blossom Day Care, property acquisition for the Wekiwa Road Project, in accordance with O.S. Title 25, Section 307(B)(3) and Section 307(B)(4); for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(C)(10); and for the purpose of conferring on matters pertaining to appraisal or acquisitions of property, in accordance with O.S. Title 25, Section 307(B)(3).  CITY COUNCIL MINUTES FEBRUARY 13, 2012 PAGE 11 A motion was made by Councilman Phillips and seconded by Councilman Jackson to retire into Executive Session for the purpose of discussion related to City of Sand Springs v. Blossom Day Care, property acquisition for the Wekiwa Road Project, in accordance with O.S. Title 25, Section 307(B)(3) and Section 307(B)(4); for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(C)(10); and for the purpose of conferring on matters pertaining to appraisal or acquisitions of property, in accordance with O.S. Title 25, Section 307(B)(3) 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. Mayor Burdge, Vice Mayor Nichols, Councilman Phillips, Councilman Honn, Councilman Jackson, Councilman Neal, Councilman Rankin, City Manager Rocky Rogers, City Attorney David Weatherford, and Public Works Director Derek Campbell retired into Executive Session at the noted time of 7:55 p.m. Discussion was held in regards to the items as listed on the agenda. B) Following the Executive Session, a motion was made by Councilman Phillips and seconded by Councilman Honn 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. The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 8:55 p.m. C) Mayor Burdge noted there was no action to be taken by the City Council as a result of the Executive Session. 17. Adjournment There being no other discussion, the meeting adjourned at the noted time of 8:56 pm. ___________________________ E. Bruce Ford, City Clerk