City Council

MINUTES Sand Springs City Council Regular Meeting June 11, 2012 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #211 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (3-0) Vice Mayor Michael Phillips (3-0) Councilman Dean Nichols (3-0) Councilman Jesse Honn (3-0) Councilman Harold G. Neal (3-0) Councilman Brian M. Jackson (3-0) Councilman James D. Rankin (3-0) ALSO PRESENT: City Manager Rocky D. Rogers Assistant City Manager E. Bruce Ford City Attorney David Weatherford Recording Secretary/City Clerk Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on June 11, 2012 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 June 7, 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 Nichols, here; Councilman Honn, here; Councilman Jackson, here; Vice Mayor Phillips, here; Mayor Burdge, here; Councilman Neal, here; Councilman Rankin, here.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 2 3. Invocation Following Roll Call, Councilman Honn observed a moment of silence. 4. Pledge of Allegiance Following Agenda Item No. 3, Councilman Nichols led the Pledge of Allegiance. 5. Employee Recognition Mayor Burdge read aloud and presented a Mayoral Proclamation to E. Bruce Ford, Assistant City Manager, on the occasion of his retirement from the City of Sand Springs. E. Bruce Ford, Assistant City Manager, expressed his appreciation and the opportunity to serve the City of Sand Springs. Mr. Ford challenged citizens and staff to become involved and serve on one of many boards/committees within the city. Mayor Burdge introduced BLISS members, as well as Principal Smith of Clyde Boyd School. 6. Appointments A. Parks Advisory Board 1. Mayor Burdge informed Council that Councilman Jackson may consider the appointment of a representative to serve a three-year term on the Parks Advisory Board. The appointment is made by the Ward Six Representative, subject to Council approval. A motion was made by Councilman Jackson and seconded by Councilman Honn that Jennifer Smith be appointed as the Ward Six representative to serve a three- year term on the Parks Advisory Board. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. 2. Mayor Burdge informed Council that Councilman Rankin may consider the appointment of a representative to serve a three-year term on the Parks Advisory Board. The appointment is made by the At-Large Representative, subject to Council approval.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 3 A motion was made by Councilman Rankin and seconded by Councilman Neal that Patty Dixon be re-appointed as the At-Large representative to serve a three-year term on the Parks Advisory Board. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. B. Sand Springs Park Friends, Inc. 1. Mayor Burdge informed Council that Councilman Rankin may consider the appointment of a representative to serve on the Sand Springs Park Friends, Inc. Board for a three-year term to May 2015. A motion was made by Councilman Rankin and seconded by Councilman Neal that Jeremy Combs be appointed as the At-Large representative to serve on the Sand Springs Parks Friends, Inc. Board for a three-year term to May 2015. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. 7. Consent Agenda (A-S) 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 Nichols requested clarification on Items D and Q, and removal of Items H and R. Vice Mayor Phillips requested removal of Item Q.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 4 Councilman Nichols questioned whether the contract should address the City of Sand Springs/Sand Springs Police Department being indemnified for any action, like it is addressed by Tulsa County. David Weatherford, City Attorney, stated that the City would be exempt from subcontractors’, Tulsa County, action. Mike Carter, Assistant Police Chief, stated the intent of the contract is that each entity would assume the liability of their employee(s). Vice Mayor Phillips requested clarification on Item K in regards to whether the River Heights Addition is inside or outside Sand Springs City limits. Derek Campbell, Public Works Director, stated the River Heights Addition is inside City limits, but a private street. There being no other request for clarification, Mayor Burdge called for a motion regarding Consent Agenda Items 7A through 7G, 7I through 7P, and 7S. A motion was made by Vice Mayor Phillips and seconded by Councilman Neal that the requested approval of Consent Agenda Items 7A through 7G, 7I through 7P, and 7S, as follows: A. The minutes of the May 14, 2012 regular City Council meeting. B. The acceptance of a Quit Claim Deed by John Seibels regarding the Lucile Page memorial Library deed restrictions. C. An Agreement with Crawford and Associates, P.C. for accounting and consulting services. D. A Memorandum of Understanding with the Tulsa county Sheriff’s office. E. A supplemental appropriation in the General Fund for an increase to the Revenue – Tulsa County Sheriff’s Grant line item in the amount of $50,976.00 and an increase to the Ending Unreserved Fund Balance line item in the amount of $50,976.00. F. The purchase of thirty (30) Motorola APX Portable radios and accessories, utilizing Oklahoma State Contract No. SW 4042 / WSCA #02702. G. An Agreement with Cox Oklahoma Telcom, LLC d/b/a Cox Communications for E -911 services.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 5 I) Change Order No. One (1) to the Agreement with J&P Ventures, LLC, for an increase in the contract price of $198.00 and no change in the contract time for the 2012 Street Overlays – Wheelchair Ramp Improvements project. J) The acceptance of the improvements as constructed by J&P Ventures, LLC for the 2012 Street Overlays – Wheelchair Ramp Improvements project. K) The acceptance of the public water improvements constructed to serve River Heights Addition. L) The acceptance of the improvements as constructed by Sapulpa Digging, Inc. in the amount of $32,200.00 for the Deer Trail Sanitary Sewer Line Rehabilitation (MH094-MH093) project No. S-1207. M) The purchase of an Envirosight, LLC portable E-RX sewer line inspection camera package from the Houston-Galveston Area Council (HGAC) in the amount of $61,500.00. N) Change Order No. One (1)(Final) to the Agreement with Garland’s Backhoe Service, Inc. for an increase in the contract in the contract amount of $680.0 and no increase in the contract time for the District 1 Waterline Improvements – Phase I project – Bid No. 990. O) The acceptance of the improvements as constructed by Garland’s Backhoe Service, Inc. in the amount of $96,330.50 for the District 1 Waterline Improvements – Phase I project – Bid No. 990. P) The receipt and file of the General Obligation Refunding Bonds of 2012 - $1,510,000.00 Series A and $1,030,000.00 Series B. S) To modify the E-Grant program to allow only new events to apply for a maximum of $1,000.00. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. Consent Agenda Item 7H Councilman Nichols questioned the fee for services associated with Stormwater Program Coordinator, noting $40,000.00 for 2-days per week.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 6 Derek Campbell, Public Works Director, stated that the $40,000.00 for 2-days per week was the base rate, but said fee also includes INCOG staff support and behind the scene assistant. Derek Campbell, Public Works Director, noted that the position was posted and an offer was made to an applicant. The applicant made a counter offer for a contractual -basis arrangement. Councilman Nichols questioned whether other engineers have been considered or consulted. Derek Campbell, Public Works Director, stated that they have and basically were more expensive that the current proposed contract. Vice Mayor Phillips questioned whether the proposed contract for service is a permanent or temporary solution for the stormwater position. Rocky D. Rogers, City Manager, stated it is a temporary solution until such time that funding is available to pursue the filling of the position. Vice Mayor Phillips questioned what the funding source would be. Rocky D. Rogers, City Manager, state it could be a combination of the stormwater fees and/or the general fund. Following discussion, a motion was made by Councilman Nichols and seconded by Vice Mayor Phillips that the requested approval of a contract with INCOG for Administrative Services for Stormwater Program Coordinator, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. Consent Agenda Item 7Q Vice Mayor Phillips stated he wanted to express that Item 7Q is the receipt of the consideration for support of Federal Tax Credits, not the approval. Councilman Nichols state the complex is currently for elderly households 62 or older and wants to confirm it will remain that way.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 7 Rocky D. Rogers, City Manager, stated that the restrictions or stipulations could be listed in the resolution. David Weatherford, City Attorney, confirmed that is the receipt of notice and that the Planning Commission will hear said item at their meeting next week and Council at their meeting in two weeks. A motion was made by Vice Mayor Phillips and seconded by Councilman Jackson that the requested receipt and filing of the consideration for support of Federal Tax Credits, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, nay; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, nay. The motion carried 5-2-0. Consent Agenda Item 7R Councilman Nichols requested clarification and detail of the Economic Development line item. Terry Walters, Economic Development Director, stated that the proposed $33,000.00 transfer of appropriation to the Expenditure – Economic Development line item is detailed as $25,000.00 for Centennial expenses and $8,000.00 for downtown beatification expenses. It was questioned whether the $25,000.00 has already been spent for Centennial items. Terry Walters, Economic Development Director, stated that some of the funds have already been spent for the banners, concert and other items, but some funds been ear-marked for events, like the July 4th Celebration, but not expended. Vice Mayor Phillips noted that the transfer of appropriation is a one-time item at this time and that the E-grant process and funding will remain the same. Terry Walters, Economic Development Director, confirmed that the E-grant process and funding will remain the same with the exception that the E-grant program allow only new events to apply for a maximum of $1,000.00.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 8 Following discussion, a motion was made by Councilman Phillips and seconded by Councilman Neal that the requested approval of a transfer of appropriation in the General Fund for an increase to the Expenditure – Economic Development line item in the amount of $33,000.00 and a decrease to the Reserve Entrepreneurial Spirit Grants line item in the amount of $33,000.00, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. 8. Tenth and Hickory Sanitary Sewer (South Repair) Project A. Expenditure and Agreement Derek Campbell, Public Works Director, requested Council’s authorization of an expenditure in an amount not to exceed $32,002.00 to Garland’s Backhoe Service, Inc. for the 10th and Hickory Sanitary Sewer (South Repair) project and authorization for the Mayor to sign said Agreement. Councilman Nichols questioned if the City is limited to a change order amount of ten percent of the bid amount if changes to said project exceeds that percent, would be create a new project and rebid the new work. David Weatherford, City Attorney, stated that change orders are limited to ten percent. Following discussion, a motion was made by Councilman Neal and seconded by Councilman Rankin that the requested authorization of an expenditure in an amount not to exceed $32,002.00 to Garland’s Backhoe Service, Inc. for the 10th and Hickory Sanitary Sewer (South Repair) project and authorization for the Mayor to sign said Agreement, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 9 B. Acceptance of Easement Derek Campbell, Public Works Director, requested Council’s acceptance of a Drainage Easement from Sandite Child Development Center for and in consideration of the sum of Five Hundred Dollars for the 10th and Hickory Sanitary Sewer (South Repair) project. Vice Mayor Phillips informed Council that his mother and sister serve on the Sandite Child Development Center and he would be abstaining on said item. A motion was made by Councilman Rankin and seconded by Councilman Jackson that the requested acceptance of a Drainage Easement from Sandite Child Development Center for and in consideration of the sum of Five Hundred Dollars for the 10th and Hickory Sanitary Sewer (South Repair) project, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, abstain; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 6-0-1. 9. Tulsa County CDBG Urban County FY2012 Contract and Amendment of FY2011 Contract A. Contract Susan Pitts, Interim City Planner, requested Council’s approval of the FY2012 Tulsa County community Development Block Grant Urban County contract and amendment to the FY2011 contract and authorization for the Mayor to sign the necessary documents. It was noted that the projects will be bid separately. Estimated costs are for the Sidewalk project is $25,000.00, Water project is $30,000.00, and the sewer project is $78,000.00. Following discussion, a motion was made by Vice Mayor Phillips and seconded by Councilman Neal that the requested approval of the FY2012 Tulsa County community Development Block Grant Urban County contract and amendment to the FY2011 contract and authorization for the Mayor to sign the necessary documents, as presented, be approved.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 10 Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. B. Supplemental Appropriation Susan Pitts, Interim City Planner, requested Council’s approval of the supplemental appropriations in the CDBG-EDIF Fund for FY2012. A motion was made by Councilman Jackson and seconded by Vice Mayor Phillips that the requested approval of the supplemental appropriations in the CDBG-EDIF Fund for FY2012, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, 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 May 21, 2012, from Oklahoma Department of Environmental Quality regarding Permit No. SL000072120320, Facility No. S-20457, for the construction of 665 linear feet of eight (8) inch DIP sanitary sewer line and all appurtenances to serve Tulsa Technology Center Sand Springs Campus, Tulsa County, Oklahoma, 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. 11. City Manager’s and Council Member’s Reports Rocky D. Rogers, City Manager, reported on the following items: A. The Legislative Event Calendar was distributed for Council’s information.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 11 B. The Tulsa Metro Chamber is hosting a Congressional Forum on June 18, 2012, with United States Representative Dan Boren as the guest speaker. C. The OneVoice Summit is scheduled for August 29, 2012. D. Vice Mayor Phillips requested that ODEQ be informed of the City Manager name change from Douglas Enevoldsen to Rocky Rogers. Derek Campbell, Public Works Director, stated that the name change has been submitted on several occasions, but would notify ODEQ again. E. Vice Mayor Phillips requested verification as to who is responsible to maintaining the center media of Parkway and 81st West Avenue. Derek Campbell, Public Works Director, stated he would verify that the property owner/developer is responsible for the maintenance of the center median due to it being a private street. F. Grant Gerondale, Parks Director, informed Council that a $60,000.00 private donation was received for the installation of a paved ADA accessible trail at the Keystone Ancient Forest. G. Vice Mayor Phillips expressed appreciation of the overlay work for the Katy Pedestrian Trail. H. Councilman Nichols expressed appreciation of the Sand Springs Police Department’s participation in the Mayor’s Cup Softball Tournament. It was noted that Webco took 1st in the event. I. Councilman Nichols informed Council that Mayor Burdge and he attended the Northside Neighborhood Watch Group event this past week and expressed appreciation of the Police Department for overseeing the event. J. Councilman Jackson informed Council that City Manager Rocky Rogers and he toured the OSU Medical Center in Tulsa. Councilman Jackson encouraged other Council members to tour the facility and see the improvements made to the facility. 12. Executive Session A. Mayor Burdge informed Council of the consideration of retiring 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); for the purpose of conferring on matters pertaining to appraisal or acquisition of property, in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of discussion related to a performance review with City Manager Rocky D. Rogers, in accordance with Title 25, Section 307(B)(1).  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 12 A motion was made by Vice Mayor Phillips and seconded by Councilman Jackson 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); for the purpose of conferring on matters pertaining to appraisal or acquisition of property, in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of discussion related to a performance review with City Manager Rocky D. Rogers, in accordance with Title 25, Section 307(B)(1). Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. Mayor Burdge, Vice Mayor Phillips, Councilman Nichols, Councilman Honn, Councilman Jackson, Councilman Neal, Councilman Rankin, City Manager Rocky D. Rogers, Public Works Director Derek Campbell, Economic Development Director Terry Walters, and City Attorney David Weatherford retired into Executive Session at the noted time of 7:41 p.m. Discussion was held for the purpose of conferring on matters pertaining to economic development and pertaining to appraisal or acquisition of property, at which time Public Works Director Derek Campbell, Economic Development Director Terry Walters and City Manager Rocky D. Rogers left the Executive Session. Discussion was then held by Council members and City Attorney relating to a performance review of City Manager Rocky D. Rogers. Following said discussion, City Manager Rocky D. Rogers returned to the Executive Session to discuss said performance review. B. Following the Executive Session, a motion was made by Vice Mayor 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 Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 9:31 p.m.  CITY COUNCIL MINUTES JUNE 11, 2012 PAGE 13 C. Mayor Burdge informed Council of the consideration to take any action, including possible adoption of Resolution No. 12-37 authorizing the Mayor or City Manager to sign property conveyance documents in order to streamline the property transfer process and to move the development forward within the Keystone Corridor and possible approval of an Employment Agreement with the City Manager, deemed appropriate as a result of the Executive Session. A motion was made by Vice Mayor Phillips and seconded by Councilman Neal that the Employment Agreement with City Manager be passed to the next Council meeting for consideration. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. A motion was made by Vice Mayor Phillips and seconded by Councilman Honn that the requested adoption of Resolution No. 12-37 authorizing the Mayor or City Manager to sign property conveyance documents in order to streamline the property transfer process and to move the development forward within the Keystone Corridor, as modified by changing the word “and/or” to “and” in paragraph three (3) and four (4), be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. 13. Adjournment There being no other discussion, the meeting adjourned at the noted time of 9:33 pm. _________________________ Janice L. Almy, City Clerk