City Council

MINUTES Sand Springs City Council Regular Meeting August 13, 2012 – 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 Michael L. Phillips (6-0) Councilman Dean Nichols (6-0) Councilman Jesse Honn (6-0) Councilman Harold G. Neal (5-1) Councilman Brian M. Jackson (6-0) Councilman James D. Rankin (6-0) ALSO PRESENT: City Manager Rocky D. Rogers City Attorney David Weatherford Recording Secretary Erika Tarrant ABSENT: None The Sand Springs City Council met in regular session on August 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 10:00 a.m. on August 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 7:02 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. 3. Invocation Following Roll Call, Mayor Burdge delivered the invocation.  CITY COUNCIL MINUTES August 13, 2012 PAGE 2 4. Pledge of Allegiance Following the invocation, Vice Mayor Phillips led the Pledge of Allegiance. 5. Appointments A. Sand Springs Personnel Board Council considered the reappointment of Janice Barnes as a representative to serve on the Sand Springs Personnel Board to May 2015. A motion was made by Mayor Burdge and seconded by Vice Mayor Phillips that Janice Barnes be reappointed to serve as a representative on the Sand Springs Personnel Board 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. 6. Mayoral Proclamation “Let’s Play Day” Mayor Burdge read aloud and presented a Mayoral Proclamation to a representative from the Sand Springs Home declaring August 17, 2012 as “Let’s Play Day” in Sand Springs. 7. Presentations Frank Crawford with Crawford & Associates, P.C. provided an analysis of the City’s financial condition including the last audited fiscal year, FY2011 and presented the Performeter report. No action was taken. 8. Consent Agenda (A-L) 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.  CITY COUNCIL MINUTES August 13, 2012 PAGE 3 Vice Mayor Phillips requested clarification on the Tulsa Technology Lease Agreement and whether the lease is for 100 years. City Attorney David Weatherford confirmed that the lease is for 100 years. There being no other comments, Mayor Burdge requested a motion regarding Consent Agenda Items 8a through 8l. A motion was made by Vice Mayor Phillips and seconded by Councilman Neal to approve the Consent Agenda Items 8a through 8l, as follows: A. The minutes of the July 23, 2012 regular City Council meeting. B. The minutes of the August 2, 2012 special City Council meeting. C. The adoption of Ordinance No. 1225 and Joinder Agreement to amend the City Manager retirement system, defined contribution plan effective August 1, 2012. D. Change Order No. 1 (Final) to the Agreement with Garland’s Backhoe Service, Inc. for an increase in the contract amount of $2,000.00 and no increase in the contract time for 10th & Hickory Sanitary Sewer (South Repair) Project No. S- 1204. E. The acceptance of the improvements as constructed by Garland’s Backhoe Service, Inc. in the amount of $34,002.00 for 10th & Hickory Sanitary Sewer (South Repair) Project No. S-1204. F. The award for the Rolling Oaks Lift Station Improvements project, Project No. S-1101; Bid No. 994 to Ron Welcher Construction, Inc. in the amount of $275,000.00 and authorization for the Mayor to sign said agreement. G. Change Order No. 1 to the Agreement with M&S Construction for an increase in the contract amount of $26,358.50 and no increase in the contract time for the District 1 Water Line Improvements Phase II, Project No. W-1204, Bid No. 996. H. The Lease Agreement with Tulsa Technology Center School District and authorization for the Mayor to sign said agreement for the Tulsa Technology Center Sanitary Sewer. I. Two utility easements as follows: i. DDSS97, LLC – 15 foot easement a part of Lot One, Block One, Midway Development  CITY COUNCIL MINUTES August 13, 2012 PAGE 4 ii. Montie R. Box and Betty L. Box, as Trustees of The Box Revocable Living Trust dated August 17, 1990, Robert L. Parmele, Sr. as Trustee of the Robert L. Parmele Sr. Living Trust, William B. Breisch and Betty J. Breisch – 15 foot easement a part of Lot One, Block One, Midway Development. J. A 5.5 foot Utility Easement granted by developer Gibson & Powell Investments, LLC for Public Improvements of Stone Creek Estates III – Phase II(a). K. The Final Acceptance of the public improvements in Phase II of Stone Creek Estates III subdivision constructed by Ira M. Green Construction Company for developer Gibson & Powell Investments, LLC. L. The Final Acceptance of the Sanitary Sewer Relocation Project for O’Reilly Auto Parts. 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. 9. Public Hearing – Annexation and Zoning to Commercial Shopping District A. Public Hearing Mayor Burdge declared and opened the Public Hearing for the purpose of receiving citizen input regarding the Ordinance No. 1227 requesting Council consideration of the request to annex and zone to Commercial Shopping approximately 5 acres at 7314 W 41st Street. Mayor Burdge requested if there were any citizens wishing to this item. Interim Planner Susan Pitts provided a brief overview of the requested annexation and zoning for Solace Church. Pastor Matt Blair, the Pastor and owner of Solace Church, provided additional information regarding the request. Mayor Burdge again requested if there were any citizens wishing to address this item. There being none, Mayor Burdge closed the Public Hearing.  CITY COUNCIL MINUTES August 13, 2012 PAGE 5 B. Ordinance No. 1227 Following the Public Hearing, Council considered adoption of Ordinance No. 1227 approving annexation and zoning of approximately 5 acres at 7314 W 41st Street to Commercial Shopping. Councilman Neal declared that he would abstain from voting due to him and his wife attending Solace Church, the applicants of the aforementioned annexation. There being no questions, Mayor Burdge requested a motion regarding Ordinance No. 1227. A motion was made by Councilman Jackson and seconded by Councilman Honn that the requested adoption of Ordinance No. 1227 be approved as presented. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, abstain; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 6-0-1. 10. Public Hearing - SUP-25 Specific Use Permit Request for 7314 W. 41st St A. Public Hearing Mayor Burdge declared and opened a Public Hearing for the purpose of receiving citizen input regarding the Findings of Fact and Conclusions of Law for SUP-25. Mayor Burdge requested if there were any citizens wishing to address this item. Interim Planner Susan Pitts provided a brief overview of the Findings of Facts and Conclusions of Law for SUP-25. Mayor Burdge again asked if there were any questions or comments. There being none, Mayor Burdge closed the Public Hearing. B. Findings of Facts and Conclusions of Law for SUP-25 Following the Public Hearing, Council considered the affirmation of the Findings of Fact and Conclusions of Law for SUP-25. Ms. Pitts informed Council of the Planning Commission’s decision for the Findings of Fact and Conclusions of Law for SUP-25.  CITY COUNCIL MINUTES August 13, 2012 PAGE 6 Councilman Neal declared that he would abstain from voting due to him and his wife attending Solace Church, the applicants of SUP-25. There being no other comments, Mayor Burdge requested a motion regarding the Findings of Fact and Conclusions of Law for SUP-25. A motion was made by Vice Mayor Phillips and seconded by Councilman Rankin that the requested affirmation of the Findings of Fact and Conclusions of Law for SUP-25 be approved as presented. 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, abstain; Councilman Rankin, aye. The motion carried 6-0-1. 11. Public Hearing – Amendment to Planned Unit Development 32 A. Public Hearing Mayor Burdge informed Council of the request from the applicant and other interested parties to table Items 11A & 11B to allow time for further review. Mayor Burdge requested a motion to table Items 11A & 11B until the August 27, 2012 Council Meeting. A motion was made by Councilman Rankin and seconded by Councilman Neal to table Items 11A & 11B, the Public Hearing and consideration of adoption of Ordinance No. 1224, until the August 27, 2012 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. 12. Resolution 13-05 – August 2, 2012 Workshop City Manager Rocky Rogers requested Council’s adoption of Resolution 13-05, clarifying the outcomes of the August 2, 2012 Council Workshop. Vice Mayor Phillips requested that the City’s goal “Provide a means of establishing reserve fund capable of sustaining City operations for 4 to 6 months in all areas  CITY COUNCIL MINUTES August 13, 2012 PAGE 7 both in the general fund and municipal authority funds” be modified to read “Provide a means of establishing an emergency reserve / stabilization fund capable of sustaining city operations by diligently working to set aside 30% in the general fund and municipal authority funds.” There being no other comments, Mayor Burdge requested for a motion regarding Resolution 13-05 as amended. A motion was made by Vice Mayor Phillips and seconded by Councilman Neal that the requested adoption of Resolution 13-05, as modified by Vice Mayor Phillips that the City’s goal “Provide a means of establishing reserve fund capable of sustaining City operations for 4 to 6 months in all areas both in the general fund and municipal authority funds” be modified to read “Provide a means of establishing an emergency reserve / stabilization fund capable of sustaining city operations by diligently working to set aside 30% in the general fund and municipal authority funds.”, 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. 13. Correspondence The following correspondence was provided to Council for their review and information. A. Regular monthly bills 14. City Manager’s and Council Members’ Report Rocky D. Rogers, City Manager, reported on the following items: A. The Regional One Voice meeting is scheduled for August 29, 2012. B. The OML Conference is scheduled for September 25-27, 2012 is Oklahoma City. C. The Council Workshop/Tour of the Oklahoma City MAPS Program is scheduled for September 20, 2012. Councilman Nichols proposed that Vision 2025 – Phase 2 be held as a Public Hearing for citizen input.  CITY COUNCIL MINUTES August 13, 2012 PAGE 8 City Manager Rocky D. Rogers advised that Public Hearings will be planned for the Vision 2025 – Phase 2. Councilman Honn notified Council, staff, and citizens that the H.E.A.L. (Healthy Eating Active Living) Committee will host a series of walks between September and November 2012 to encourage exercise. The first walk will be held on Monday, September 19, 2012 at 7:30 p.m. beginning at City Hall. 15. 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 Vice Mayor Phillips and seconded by Councilman Honn 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 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 Rankin, Councilman Neal, City Manager Rocky Rogers, and City Attorney David Weatherford retired into Executive Session at the noted time of 7:42 p.m. Discussion was held in regard to the item as listed on the agenda. B. Following the Executive Session, a motion was made by Vice Mayor Phillips and seconded by Councilman Jackson 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. The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 7:59 p.m.  CITY COUNCIL MINUTES August 13, 2012 PAGE 9 C. Mayor Burdge noted that no action was deemed appropriate as a result of the Executive Session. 16. Adjournment The meeting adjourned at the noted time of 8:00 p.m. ___________________________ Erika Tarrant, Deputy City Clerk