City Council

MINUTES Sand Springs City Council Regular Meeting June 25, 2012 – 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 Michael L. Phillips (4-0) Councilman Dean Nichols (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 City Attorney David Weatherford Recording Secretary Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on June 25, 2012 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 June 21, 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 25, 2012 PAGE 2 3. Invocation Following Roll Call, Councilman Jackson delivered the invocation. 4. Pledge of Allegiance Following the invocation, Councilman Honn led the Pledge of Allegiance. 5. Appointments A) Parks Advisory Board 1. Mayor Burdge informed Council that he may consider the reappointment of Councilman Neal to serve as the Council and Ward 5 representative to the Parks Advisory Board for an unexpired term to May 2015. A motion was made by Mayor Burdge and seconded by Councilman Nichols that Councilman Neal be appointed to serve as the Council and Ward 5 representative to the Parks Advisory Board for an unexpired 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. B) Sand Springs Park Friends, Inc. 1. Mayor Burdge informed Council that Vice Mayor Phillips 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 Vice Mayor Phillips and seconded by Mayor Burdge that Dennis Currington be appointed as a representative to serve on the Sand Springs Park Friends, Inc. Board for a three-year term to May 2015. 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 25, 2012 PAGE 3 Mr. Currington expressed appreciation of being appointed to the Sand Springs Parks Friends, Inc. Board and giving him the opportunity to serve his community. 2. Mayor Burdge informed Council that Councilman Jackson 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 Jackson and seconded by Councilman Rankin that Floyd Long be appointed as a representative to serve on the Sand Springs Park 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. Vice Mayor Phillips requested Council to reconsider the appointment of Dennis Currington to the Sand Springs Park Friends, Inc. Board due to the term should run with the Council Ward member’s term of office, in this case to May 2013. A motion was made by Vice Mayor Phillips and seconded by Mayor Burdge to reconsider the appointment of Dennis Currington to the Sand Springs Parks Friends, Inc. 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. A motion was made by Vice Mayor Phillips and seconded by Mayor Burdge that Dennis Currington be appointed as a representative to serve on the Sand Springs Park Friends, Inc. Board for a term to May 2013. 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.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 4 C) Board of Adjustment 1. Mayor Burdge informed Council of the consideration of the reappointment of Larry Johnston to serve on the Board of Adjustment for an unexpired term to May 2015. A motion was made by Mayor Burdge and seconded by Vice Mayor Phillips that Larry Johnston be reappointed to serve on the Board of Adjustment for an unexpired term to May 2015. 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. D) Sand Springs Development Authority 1. Mayor Burdge informed Council of his consideration of the reappointment of William “Tom” Meshek to serve on the Sand Springs Development Authority for a three-year term to July 2015. A motion was made by Mayor Burdge and seconded by Councilman Neal that William “Tom” Meshek be reappointed to serve on the Sand Springs Development Authority for a three-year term to July 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. E) Planning Commission 1. Mayor Burdge informed Council of his consideration of the reappointment of Paul Shindel to serve on the Planning Commission for a three-year term to July 2015. A motion was made by Mayor Burdge and seconded by Vice Mayor Phillips that Paul Shindel be reappointed to serve on the Planning Commission for a three-year term to July 2015. Mayor Burdge called for the vote recorded as follows:  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 5 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. 2. Mayor Burdge informed Council of his consideration of the reappointment of Councilman Harold Neal to serve on the Planning Commission for a three-year term to July 2015. A motion was made by Mayor Burdge and seconded by Vice Mayor Phillips that Councilman Harold Neal be reappointed to serve on the Planning Commission for a three-year term to July 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. F) Sand Springs Cultural and Historical Museum Trust Authority 1. Mayor Burdge informed Council of his consideration of the reappointment of Tim Dixon to serve on the Sand Springs Cultural and Historical Museum Trust Authority for an unexpired term to December 2013. Vice Mayor Phillips requested clarification for the unexpired term to December 2013 or December 2015. It was determined the unexpired term should have been to December 2015. A motion was made by Mayor Burdge and seconded by Councilman Honn that Tim Dixon be reappointed to serve on the Sand Springs Cultural and Historical Museum Trust Authority for an unexpired term to December 2015. 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 25, 2012 PAGE 6 6. Consent Agenda (A-P) 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. Vice Mayor Phillips requested additional information regarding Consent Agenda Item 6E – Resolution No. 12-21. Rocky D. Rogers, City Manager, and Grant Gerondale, Parks Director, informed Council that the Center for Employment Opportunity (CEO) program has went very well and requested Council’s re-affirmation of Resolution No. 12-21 for the continuation of said program. Councilman Rankin also requested additional information regarding Consent Agenda Items 6L and 6M – Change Order No. 1 and Final Acceptance of the improvements as constructed by Cherokee Pride Construction, Inc. It was noted that the contractor, Cherokee Pride, completed the construction project in accordance with the plans/scope of work, and everything is complete and in working order. There being no other comments, Mayor Burdge requested a motion regarding Consent Agenda Items 6A through 6P. A motion was made by Councilman Neal and seconded by Councilman Rankin to approve the Consent Agenda Items 6A through 6P, as follows: A. The minutes of the June 11, 2012 regular City Council meeting. B. The monthly Transfers of Funds. C. A decrease in appropriation in various capital projects that are either closing out or have excess budget balance. D) The Insurance Plans with OMAG for Municipal Liability and Property Coverage. E) The re-affirmation of Resolution No. 12-21 for continuation of the Center for Employment Opportunity (CEO) Agreement through Fiscal Year 2012/2013. F) The renewal for Fiscal Year 2013 and authorization for the City Manager to sign the Agreement for Professional Transportation Services with MTTA.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 7 G) The Lot Combination Agreement for SSLC-595, 1010 North Franklin Avenue. H) The Lot Combination Agreement for SSLC-596 Lot Split and Combination - Split of Lot 28, Block 7 Timberling Hollow and Combination with Lot 27 (3909 South Maple Avenue) and Lot 29 (3901 South Maple Avenue), Block 7 Timberling Hollow. I) The Agreement Renewal for FY2012-2013 for Household Pollutant Collection Events with the M.e.t. in the amount of $10,581.91. J) The acceptance of the Amendment to the Settlement Agreement with Bob L. and Alma R. Bean relating to the Rolling Oaks Lift Station Improvements project - Bid No. 994. K) The acceptance of the Temporary Construction Easement from Bob L. and Alma R. Bean relating to the Rolling Oaks Lift Station Improvements project - Bid No. 994. L) Change Order No. 1 (Final) to the Agreement with Cherokee Pride Construction, Inc. for an increase in the contract amount of $1,175.00 and no increase in the contract time for the 10th Street 8-Inch Waterline (Lake Drive to Lakeside Park) project - Bid No. 992. M) The acceptance of the improvements as constructed by Cherokee Pride Construction, Inc. in the amount of $59,123.00 for the 10th Street 8-Inch Waterline (Lake Drive to Lakeside Park) project - Bid No. 992. N) The Oklahoma Natural Areas Registry Program - listing of the Keystone Ancient Forest. O) An official H.E.A.L. logo. P) The authorization to purchase Police Vehicles in the amount of $95,121.00. 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.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 8 7. Oklahoma Water Resources Board (OWRB) Loan Refinancing John Weidman, Hilborne and Weidman, Bond Counsel, requested Council's adoption of Resolution No. 12-39, a resolution relating to the incurring of indebtedness by the Trustees of the Sand Springs Municipal Authority, approving documents as may be necessary or required and containing other provisions relating thereto. John Weidman provided an overview of the proposed loan refinancing for an amount not to exceed $1.4 million and with an estimated savings of $120,000. Following discussion a motion was made by Councilman Rankin and seconded by Vice Mayor Phillips that the requested adoption of Resolution NO. 12-39, 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. 8. Pratt Property Deed Restriction David Weatherford, City Attorney, requested Council's approval of Resolution No. 12 -38, a resolution approving budget amendments, authorizing payment to the heirs of Charles Pratt, accepting conveyances by Quit Claim Deed, and authorizing city staff to proceed with zoning change and/or special exception approval for the property usage. Vice Mayor Phillips clarified that Council is authorizing city staff to proceed with, not approval of, zoning change and/or special exception approval for the property usage. A motion was made by Vice Mayor Phillips and seconded by Councilman Honn that the requested approval of Resolution No. 12-38, 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.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 9 9. Annual Administrative Activities Rocky D. Rogers, City Manager, requested Council's receipt and file of the Annual Administrative Activities Report in accordance with Article 3, Section 3-2(4) of the City Charter. Vice Mayor Phillips expressed appreciation of the report detailing the activities of the City and Municipal Authority. Councilman Jackson complemented the City Manager and staff for a job well done. A motion was made by Councilman Jackson and seconded by Councilman Honn that the requested receipt and file of the Annual Administrative Activities Report, 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. 10. Financial Reports Kelly Lamberson, Finance Director, provided a brief narrative regarding the regular monthly financial reports for all funds and sales tax revenue. 11. Correspondence The following correspondence was provided to Council for their review and information. A. Regular monthly bills. 12. City Manager’s Report Rocky D. Rogers, City Manager, reported on the following items: A) Reasor's is hosting a special pre-opening on Tuesday from 11-2. B) Fox 23 News with host their Road Show in Sand Springs the week of July 20. C) Tomorrow is election day.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 10 Councilman Jackson provided a brief report regarding the Relay For Life event and the 9th Annual Sand Springs Rotary Bass Tournament. Councilman Honn informed Council of the upcoming H.E.A.L. Kickball Event scheduled for July 3 at River City Park. Informational flyers are available. It was noted that Mayor Burdge and Vice Mayor Phillips attended the Mayor's Summer Retreat in Midwest City last week. City Manager Rocky D. Rogers attended the OneVoice Task Force meeting this morning and attended the session on tourism, while Councilman Jackson attended the session on education. Vice Mayor Phillips reminded Council of the upcoming Sand Springs Chamber Open Forum. There being no other items to report, Mayor Burdge requested a motion to recess the City Council meeting. A motion was made by Vice Mayor Phillips and seconded by Councilman Jackson to recess the City Council Meeting, to be reconvened following the completion of the Municipal Authority 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. The City Council recessed at the noted time of 7:25 p.m. Following the Municipal Authority meeting, a motion was made by Vice Mayor Phillips and seconded by Councilman Honn to reconvene the City Councilman Meeting. 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. The City Council meeting reconvened at the noted time of 7:35 p.m.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 11 13. 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); 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); and for the purpose of discussions related to a performance review with City Manager Rocky D. Rogers, in accordance with Title 25, Section 307(B)(1). 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 acquisitions of property in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of discussions 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 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. Mayor Burdge, Vice Mayor Nichols, Councilman Phillips, Councilman Honn, Councilman Jackson, Councilman Neal, Councilman Rankin, City Manager Rocky Rogers, Economic Development Director Terry Walters and City Attorney David Weatherford retired into Executive Session at the noted time of 7:36 p.m. Discussions were held in regards to economic development and appraisal or acquisition of property. Following said discussion, Economic Development Director Terry Walters left the Executive Session. Discussion was then held relating to a performance review of City Manager Rocky D. Rogers. 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 Nichols, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye.  CITY COUNCIL MINUTES JUNE 25, 2012 PAGE 12 The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 8:54 p.m. C) Mayor Burdge noted that Council may consider taking action, including possible approval of an Employee 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 for the approval of a three-year Employment Agreement with Cit Manager Rocky D. Rogers. 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. 14. Adjournment The meeting adjourned at the noted time of 8:55 p.m. ___________________________ Janice L. Almy, City Clerk