City Council

MINUTES Sand Springs City Council Regular Meeting August 27, 2012 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #211 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (7-0) Vice Mayor Michael L. Phillips (7-0) Councilman Dean Nichols (7-0) Councilman Jesse Honn (7-0) @ 7:01 p.m. Councilman Harold G. Neal (6-1) Councilman Brian M. Jackson (7-0) Councilman James D. Rankin (7-0) ALSO PRESENT: City Manager Rocky D. Rogers City Attorney David Weatherford City Clerk Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on August 27, 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 23, 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, no response; Councilman Jackson, here; Vice Mayor Phillips, here; Mayor Burdge, here; Councilman Neal, here; Councilman Rankin, here. Councilman Honn was not present at the time of roll call.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 2 3. Invocation Following Roll Call, Councilman Rankin delivered the invocation on behalf of Councilman Neal. Councilman Honn arrived at the noted time of 7:01 p.m., during the invocation. 4. Pledge of Allegiance Following the invocation, Mayor Burdge led the Pledge of Allegiance. 5. Appointments A) Sand Springs Park Friends, Inc. 1. Mayor Burdge informed Council that Councilman Neal may consider the appointment of a representative to serve on the Sand Springs Park Friends, Inc. Board for a term to May 2015. A motion was made by Councilman Neal and seconded by Councilman Rankin that Jason Lee be appointed to serve as the Ward 5 representative to the Sand Springs Park Friends, Inc. Board for a 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. 2. Mayor Burdge informed Council that he may consider the reappointment of a representative to serve on the Sand Springs Park Friends, Inc. Board for a term to May 2015. A motion was made by Mayor Burdge and seconded by Councilman Neal that Ward Sherrill be reappointed as a representative to serve on the Sand Springs Park Friends, Inc. Board for a 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 AUGUST 27, 2012 PAGE 3 6. Consent Agenda (A-N) Mayor Burdge informed Council that Consent Agenda Item No. 6-M is being removed from the agenda for further clarification/review and to be considered at a future meeting of Council. Mayor Burdge informed Council 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 Rankin requested Consent Agenda Item No. C6-E be considered separately. There being no other comments, Mayor Burdge requested a motion regarding Consent Agenda Items 6A through 6D, Items 6F through 6L, and item 6N. A motion was made by Councilman Neal and seconded by Councilman Rankin to approve the Consent Agenda Items 6A through 6D, Items 6F through 6L, and item 6N, as follows: A. The minutes of the August 13, 2012 regular City Council meeting. B. The monthly Transfers of Funds. C. The disposal of antiquated computers and hardware to United Recyclers of America for proper disposal and recycling of materials at no cost to the City of Sand Springs. D) The sale of surplus fire apparatus, utilizing Govdeals.com as public auction. F) A Supplemental Appropriation in the General Short-Term Capital Fund for an increase to the Expenditure – Parks and Recreation: New Project: T-190 Compact Track Loader line item in the amount of $33,500.00 and a decrease to the Expenditure – Parks and Recreation: Project – MT52 w/Bucket line item in the amount of $16,500.00 and an increase to the Revenue – Transfers In (General Fund) line item in the amount of $17,000.00; and in the General Fund for an increase in the Expense – Transfers Out (GSTCF) line item in the amount of $17,000.00 and a decrease to the Ending Fund Balance line item in the amount of $17,000.00. G) The authorization to purchase a Bobcat T-190 equipment proposal package from State Contract No. SW190 from Whitestar Machinery in the amount of $33,347.69.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 4 H) A Supplemental Appropriation in the General Fund – Park and Recreation Case Community Center Project 210902 for a decrease to the Reserved Fund Balance – Community Center Improvements line item in the amount of $3,815.00 and an increase to the Expenditure Recreations/Sports Supplies line item in the amount of $3,815.00. I) The Floodplain Management Plan Annual Report. J) The adoption of Ordinance No. 1228, amending the Flood Damage Prevention Ordinance. K) Resolution No. 13-04, modifying/adopting fines and fees for certain parking violations, itinerant peddler licenses, and dilapidated building public nuisance abatements. L) The adoption of Ordinance No. 1229, changing the duration of licenses for itinerant peddlers and solicitors from five (5) months to one (1) year. N) The use of the Centennial Logo by the Postmaster. 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. Councilman Rankin stated that there were current discussions/correspondence relating to extending the EMSA response time and that this issue should be resolved prior to the City considering the FY2013 subsidy for emergency medical services to EMSA. Mike Wood, Fire Chief, stated he has not had discussions with EMSA, but his understanding that the extended response time is for Tulsa and Oklahoma City. Following discussion, a motion was made by Councilman Rankin and seconded by Councilman Jackson to table the consideration of the FY2013 subsidy to EMSA until the September 10, 2013 meeting of Council. Councilman Neal questioned whether there would be any issue with tabling this item in regards to payment and services. Mike Wood, Fire Chief, indicated that the payments are made on a quarterly basis.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 5 Vice Mayor Phillips indicated that the City is not equipped to handle transports and other services that EMSA currently provides. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, nay; Councilman Honn, nay; Councilman Jackson, aye; Vice Mayor Phillips, nay; Mayor Burdge, nay; Councilman Neal, nay; Councilman Rankin, aye. The motion failed 2-5-0. A motion was made by Vice Mayor Phillips and seconded by Councilman Neal that the requested approval of the payment of the FY2013 subsidy for emergency medical services to EMSA, be presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, nay; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Phillips, aye; Councilman Jackson, nay; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 5-2-0. 7. PUD-32A – Minor Amendment to Planned Unit Development-32A Mayor Burdge informed Council that PUD-32A was withdrawn by the applicant so no action will be taken on Agenda No. C7. 8. Amended Ordinance No. 1188 – Tobacco Free City Parks and Facilities Grant Gerondale, Parks Director, requested Council’s adoption of Amended Ordinance No. 1188, regarding tobacco free city parks and facilities. Grant Gerondale, Parks Director, provided a brief overview of the proposed amendments, noting that the Parks Advisory Board felt the tobacco restrictions would set the example for a healthy and active life style within the parks and city facilities. Discussion was held in regards to various facilities and parks, including the golf course, and enforcement of the ordinance if approved. Councilman Nichols expressed concern regarding infringing upon peoples personal choices/freedoms.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 6 Following lengthy discussion, a motion was made by Councilman Neal and seconded by Councilman Jackson that the requested adoption of Amended Ordinance No. 1188, regarding tobacco free city parks and facilities, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, nay; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Phillips, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 6-1-0. 9. Ordinance No. 1232 – City Symbol David Weatherford, City Attorney, requested Council’s adoption of Ordinance No. 1232, to modify the selection of a City Symbol from the Code of Ordinances and allow designation by Council resolution. A motion was made by Councilman Rankin and seconded by Councilman Neal that the requested adoption of Ordinance No. 1232, modifying the selection of a City Symbol from the Code of Ordinances and allow designation by Council resolution, 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, nay; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 6-1-0. 10. 2013 Calendar Year Schedule of Regular City Council Meetings Mayor Burdge informed Council of the consideration of the 2013 Calendar Year Schedule of Regular Meetings for the Sand Springs City Council. A motion was made by Vice Mayor Phillips and seconded by Councilman Neal that the requested approval of the 2013 Calendar Year Schedule of Regular Meetings for the Sand Springs City Council, as presented, be approved. Mayor Burdge called for the vote recorded as follows:  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 7 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. 11. Reserve Policy of the City and Municipal Authority Rocky D. Rogers, City Manager, requested Council’s adoption of Ordinance No. 1233, further defining the financial reserve policies of the City and Municipal Authority. A motion was made by Councilman Honn and seconded by Council Neal that the requested adoption of Ordinance No. 1233, further defining the financial reserve policies of the City and Municipal Authority, 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. 12. Modified Fiscal Year Budget Approval Process Rocky D. Rogers, City Manager, requested Council’s adoption of Resolution No. 13- 06, modifying the current budget approval process. Following clarification of the public hearing date(s), a motion was made by Councilman Jackson and seconded by Vice Mayor Phillips that the requested adoption of Resolution No. 13-06, modifying the current budget approval process, 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 AUGUST 27, 2012 PAGE 8 13. Commercial Service Agreement with Cox Business 1. Agreement Rocky D. Rogers, City Manager, requested Council’s approval of and authorization for the City Manager to sign a Commercial Service Agreement with Cox Business. Following discussion, a motion was made by Vice Mayor Phillips and seconded by Councilman Honn that the requested approval of and authorization for the City Manager to sign a Commercial Service Agreement with Cox Business, 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. 2. Authorized Customer Representative Rocky D. Rogers, City Manager, requested Council’s authorization of the City Manager and/or IT Manager to be the Authorized Customer Representative for the Commercial Service Agreement with Cox Business. A motion was made by Vice Mayor Phillips and seconded by Councilman Jackson that the requested authorization of the City Manager and/or IT Manager to be the Authorized Customer Representative for the Commercial Service Agreement with Cox Business, 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. 14. Correspondence The following correspondence was provided to Council for their review and information. A. Regular monthly bills.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 9 15. City Manager’s Report Rocky D. Rogers, City Manager, reported on the following items: A. Staff received notice of the OML Annual Business meeting. B. Staff is obtaining quotes for the inventory of available rental property within the City of Sand Springs. C. Staff received information regarding the OneVoice Summit. D. A meeting is scheduled with Jim Tapp regarding an update of RiverWest. E. Staff is finalizing the agendas and itineraries for the upcoming Economic Development trips to Oklahoma City and South Lake, Texas. F. The OWRB Bond Refinance is scheduled to close on Wednesday, August 29, 2012. 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 Neal 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 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 recessed at the noted time of 7:54 p.m. Following the Municipal Authority meeting, a motion was made by Vice Mayor Phillips and seconded by Councilman Neal to reconvene the City Councilman 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.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 10 The motion carried 7-0-0. The City Council meeting reconvened at the noted time of 7:56 p.m. 16. 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 related to the Spring Loaded Brewery development, in accordance with O.S. Title 25, Section 307(C)(10). A motion was made by Vice Mayor Phillips and seconded by Councilman Neal to retire into Executive Session for the purpose of conferring on matters pertaining to economic development related to the Spring Loaded Brewery development, in accordance with O.S. Title 25, Section 307(C)(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. Mayor Burdge, Vice Mayor Nichols, Councilman Phillips, Councilman Honn, Councilman Jackson, Councilman Neal, Councilman Rankin, City Manager Rocky Rogers, and City Attorney David Weatherford retired into Executive Session at the noted time of 7:57 p.m. Discussions were held in regards to economic development, as listed on the agenda. B) Following the Executive Session, a motion was made by Councilman Nichols 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 Budge, 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 9:15 p.m.  CITY COUNCIL MINUTES AUGUST 27, 2012 PAGE 11 Janice L. Almy, City Clerk, requested Council to reconsider Agenda Item No. C5A-2, the appointment of Ward Sherrill due to the term is for a period to May 2014, instead of May 2015. A motion was made by Councilman Honn and seconded by Vice Mayor Phillips to reconsider Agenda Item C5A-2. 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 Councilman Neal and seconded by Vice Mayor Phillips for the appointment of Ward Sherrill as the Ward 3 representative to serve on the Sand Springs Park Friends, Inc. Board for a term to May 2014. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Budge, aye; Vice Mayor Phillips, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 7-0-0. Following reconsideration of Agenda Item No. C5A-2, Mayor Burdge returned to Agenda Item No. C16-C. C) Mayor Burdge noted that no action was deemed appropriate as a result of the Executive Session. 17. Adjournment The meeting adjourned at the noted time of 9:18 p.m. ___________________________ Janice L. Almy, City Clerk