City Council

MINUTES Sand Springs City Council Regular Meeting October 14, 2013 - 7:00 p.m. Sand Springs Municipal Building 100 East Broadway - Room #203 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (11-0) Councilman Michael Phillips (9-2) Councilman Dean Nichols (8-3) Councilman Jesse Honn (10-1) Councilman Brian M. Jackson (11-0) Councilman James D. Rankin (11-0) ALSO PRESENT: City Manager Rocky D. Rogers City Attorney David Weatherford City Clerk Janice L. Almy ABSENT: Vice Mayor Harold G. Neal (9-2) The Sand Springs City Council met in regular session on October 14, 2013 in Room #203 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk's office and posted at 10:00 am on October 10, 2013, on the electronic 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 Neal, no response; Councilman Phillips, here; Mayor Burdge, here; Councilman Rankin, here. It was noted that Vice Mayor Neal was absent for said meeting.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 2 3. Invocation Following Roll Call, Councilman Phillips stated there would be no invocation. 4. Pledge of Allegiance Following the Invocation, Councilman Honn led the Pledge of Allegiance. 5. Proclamation Dedicating New Engine No. 2 - 2013 Spartan ERV Gladiator Pumper Mayor Burdge informed Council of the consideration of approval of the dedication of the new 2013 Spartan ERV Gladiator Pumper- Unit No. 734- Engine No. 2. Mayor Burdge read aloud a proclamation dedicating new Engine No. 2. A motion was made by Councilman Jackson and seconded by Councilman Nichols to recess the City Council meeting, to be reconvened following the dedication of Engine No. 2. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, nay; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 5-1-0. The City Council meeting recessed at the noted time of 7:03 pm. Following the dedication of Engine No. 2, a motion was made by Councilman Phillips and seconded by Councilman Honn to reconvene the City Council meeting. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Nichols, aye. The motion carried 6-0-0. The City Council meeting reconvened at the noted time of 7:07 pm. 6. Consent Agenda (A-O) 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.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 3 Mayor Burdge noted that questions or clarification on any consent agenda items could be addressed prior to taking action. There being none, Mayor Burdge requested whether any item needed to be considered separately. Councilman Phillips requested Consent Agenda Item No. 6A be considered separately. Mayor Burdge requested a motion regarding Consent Agenda Items 6B through 6O. A motion was made by Councilman Phillips and seconded by Councilman Nichols to approve the Consent Agenda Items No. 6B through 6O, as follows: B) The acceptance of a grant in the amount of $5,610.10 for the purchase of bulletproof vests. C) A supplemental appropriation in the General Fund - Police for an increase in the Intergovernmental Revenue - US Department of Justice line item in the amount of $5,611.00 and an Increase to the Ending Fund Balance line item in the amount of $5,611.00. D) The receipt and file of the H.E.A.L. accomplishments. E) A Traffic Enforcement Agreement between the City of Sand Springs and the Oklahoma Highway Safety Office (OHSO) for reimbursement of overtime and equipment expenses incurred for the grant period October 1, 2013 through September 30, 2014. F) A supplemental appropriation in the General Fund for an increase to the Revenue - OHSO Grant line item in the amount of $48,720.00 and an increase to the Expenditure - Police Department line item in the amount of $48,720.00. G) Change Order No. One (1-Final) to the Agreement with Triangle Construction and Utility, LLC for a decrease in the contract amount of $3,500.00 and no change in the contract time for the Squirrel Hollow Sanitary Sewer Relocation project-Bid No. 1002. H) The acceptance of the improvements as constructed by Triangle Construction and Utility, LLC in the amount of $116,007.00 for the Squirrel Hollow Sanitary Sewer Relocation project - Bid No. 1002. I) The acceptance of a Right-of-Way Deed from Green Country Federal Credit Union (formerly known as Sand Springs Community Federal Credit Union).  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 4 J) The acceptance of the Sanitary Sewer Easement from Green Country Federal Credit Union. K) The acceptance of the Sanitary Sewer Improvements as constructed by Cunningham Plumbing Company to serve the new Green Country Federal Credit Union site. L) The transfer of appropriation within the Water and Waste Water Capital Improvement Fund for a decrease to the Expenditure - Rolling Oaks SS LS Improvement line item in the amount of $40,000.00 and an increase to the Expenditure - Lift Station Improvements line item in the amount of $40,000.00 for the East 31st Street Lift Station Improvements project. M) The purchase of a 60 kW natural gas standby generator, automatic transfer switch, and various spare parts/accessories as outlined in the request for quotation issued September 20,2 013 and the quotation of September 27, 2013 from Clifford Power Systems, Inc. in the amount of $25,829.00 for the East 31st Street Lift Station Improvements project and authorization or the Mayor to execute all related documents. N) Change Order No. One (1-Final) to the Agreement with Utility Service company, Inc. for an increase in the contract amount of $2,200.00 and no increase in the contract time for the District Six Standpipe Rehabilitation project - Bid No. 1006. O) The acceptance of the improvements as constructed by Utility Service Company, Inc. in the amount of $106,200.00 for the District Six Standpipe Rehabilitation project-Bid No. 1006. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. Mayor Burdge requested a motion regarding Consent Agenda Item 6A. Councilman Phillips stated he was absent from the meeting and would be abstaining. A motion was made by Councilman Honn and seconded by Councilman Jackson that the requested approval of the minutes of the September 23, 2013 regular meeting, as presented, be approved.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 5 Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, abstain; Councilman Honn, aye; Councilman Neal, aye. The motion carried 5-0-1. 7. Resolution No. 14-10 John Weidman, Bond Counsel, requested Council's adoption of Resolution No. 14- 10 relating to the incurring of indebtedness by the Trustees of the Sand Springs Municipal Authority, waiving competitive bidding and approving a note purchase contract, sales tax agreement, and other related documents. A motion was made by Councilman Phillips and seconded by Councilman Nichols that the requested adoption of Resolution No. 14-10 relating to the incurring of indebtedness by the Trustees of the Sand Springs Municipal Authority, waiving competitive bidding and approving a note purchase contract, sales tax agreement, and other related documents, as presented, be approved. Discussion was held regarding the interest rate and the amount of possible savings. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. 8. General Obligation Bond Update Rocky D. Rogers, City Manager, requested Council's approval of receipt and file of the General Obligation Bond update. Rocky D. Rogers, City Manager, provided an update regarding the General Obligation Bond election. A motion was made by Councilman Nichols and seconded by Councilman Honn that the requested approval of receipt and file of the General Obligation Bond update, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Neal, aye.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 6 The motion carried 6-0-0. 9. Resolution No. 14-08 - Support of House Bill 1875 Rocky D. Rogers, City Manager, requested Council's approval of Resolution No. 14- 08 supporting House Bill 1875 (HB1875). Rocky D. Rogers, City Manager, provided a brief overview of House Bill 1875. A motion was made by Councilman Nichols and seconded by Councilman Phillips that the requested approval of Resolution No. 14-08 supporting House Bill 1875, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. 10. Resolution No. 14-09 - 2014 OneVoice Regional Legislative Agenda Rocky D. Rogers, City Manager, requested Council's adoption of Resolution No. 14- 09 supporting the legislative agenda for the OneVoice trip to Washington, D.C. April 2014. It was noted that Chris Benge, Tulsa Metro Chamber, was present to address any questions of Council regarding the OneVoice Regional Legislative Agenda. A motion was made by Councilman Jackson and seconded by Councilman Rankin that the requested adoption of Resolution No. 14-09 supporting the legislative agenda for the OneVoice trip to Washington, D.C. April 2014, as presented, be approved. Councilman Phillips noted that Resolution No. 14-09 was not included in the agenda packet and requested the item be deferred to the end of the meeting to allow staff to provide a copy of the resolution to Council for their review and consideration. A motion was made by Councilman Jackson and seconded by Councilman Phillips to defer Agenda Item No. 10 to the end of the meeting. Mayor Burdge called for the vote recorded as follows:  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 7 Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Neal, aye. The motion carried 6-0-0. 11. Emergency Operations Plan Update Greg Fisher, Emergency Management Director, requested Council's approval of the annual update to the City of Sand Springs Emergency Operations Plan and submission to the State office of Emergency Management as a condition of our Emergency Management State and Local Assistance Grant and authorization for the mayor or his designee to sign the updated plan. Greg Fisher, Emergency Management Director, outlined the minor changes. Councilman Phillips requested that a name change be included in the changes regarding 11.02 on page 60 the site refers to the Widows Colony and should be changed to Charles Page Family Village. A motion was made by Councilman Phillips and seconded by Councilman Honn that the requested approval of the annual update to the City of Sand Springs Emergency Operations Plan and submission to the State office of Emergency Management as a condition of our Emergency Management State and Local Assistance Grant, as modified to include the name change on page 60 - item 11.02, and authorization for the mayor or his designee to sign the updated plan, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. 12. Waste Water Treatment Plant - Amendment to Engineering Agreement Derek Campbell, Public Works Director, requested Council's approval of the proposed Amendment No. 1 to the Agreement for Engineering Services with Tetra Tech, Inc. at a total not to exceed cost of $1,781,760 for the Waste Water Treatment Plan project. A motion was made by Councilman Rankin and seconded by Councilman Phillips that the requested approval of the proposed Amendment No. 1 to the Agreement for Engineering Services with Tetra Tech, Inc. at a total not to exceed cost of $1,781,760 for the Waste Water Treatment Plan project, as presented, be approved.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 8 Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Neal, aye. The motion carried 6-0-0. 13. Contract for Use of Public Right-of-Wav Kevin West, Environmental Services/Compliance Administrator, requested Council's approval of the Fiscal Year 2014 Agreement for Use of Public right-of-Way between the City of Sand Springs and Bekim Rexhepi, LLC, d/b/a Napolis' Italian Restaurant. Councilman Phillips the reason for an annual agreement. David Weatherford, City Attorney, stated the annual agreement would allow for yearly review and that the owner will only need the use of the public right-of-way for a short term. A motion was made by Councilman Phillips and seconded by Councilman Rankin that the requested approval of the Fiscal Year 2014 Agreement for Use of Public right-of-Way between the City of Sand Springs and Bekim Rexhepi, LLC, d/b/a Napolis' Italian Restaurant, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. 14. SSLC-609 Lot Combination - Lots 27 and 28, Block 1, Walnut Creek Addition. NWC 42nd Street and S 113th W Ave Susan Pitts, Interim City Planner, requested Council's approval of a Lot Combination Agreement for SSLC-609, subject to rezoning approval. Councilman Phillips expressed concerns with not having documentation from the owner of the property agreement to this arrangement. Stan Gomez, applicant, stated he had a letter from the property owner at home. A motion was made by Councilman Nichols and seconded by Councilman Jackson that the requested approval of a Lot Combination Agreement for SSLC-609, subject to rezoning approval, be approved.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 9 Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, nay; Councilman Honn, aye; Councilman Neal, aye. The motion carried 5-1-0. 15. Ordinance No. 1241 - SSZ-478 - Rezone Lots 27 and 28, Block 1, Walnut Creek Addition Susan Pitts, Interim City Planner, requested Council's approval of Ordinance No. 1241 rezoning approximately 0.5 acres at the northwest corner of 42nd Street and South 113th West Avenue, Lots 27 and 28, Block 1 Walnut Creek Addition, from RS- 2 (Residential Single-Family Medium Density District) to CS (Commercial Shopping District). A motion was made by Councilman Honn and seconded by Councilman Jackson that the requested approval of Ordinance No. 1241 rezoning approximately 0.5 acres at the northwest corner of 42nd Street and South 113th West Avenue, Lots 27 and 28, Block 1 Walnut Creek Addition, from RS-2 (Residential Single-Family Medium Density District) to CS (Commercial Shopping District), as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, nay; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 5-1-0. 16. Transfer of Appropriations for Case Community Center Parking Expansion Project Grant Gerondale, Parks Director, requested Council's approval of a transfer of appropriation within the General Fund - Case Community Center Improvements Reserve for a decrease in the Ending Fund Balance line item in the amount of $80,000.00 and within the G.O. Bonds 2006 Fund for an increase to the Expenditures - Community Center Improvements line item in the amount of $80,000.00 and an increase to the Transfers In - General Fund line item in the amount of $80,000.00 for the Case Community Center Parking Expansion project. Discussion was held regarding water run-off. A motion was made by Councilman Phillips and seconded by Councilman Honn that the requested approval of a transfer of appropriation within the General Fund - Case Community Center Improvements Reserve for a decrease in the Ending Fund  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 10 Balance line item in the amount of $80,000.00 and within the G.O. Bonds 2006 Fund for an increase to the Expenditures - Community Center Improvements line item in the amount of $80,000.00 and an increase to the Transfers In - General Fund line item in the amount of $80,000.00 for the Case Community Center Parking Expansion project; as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Neal, aye. The motion carried 6-0-0. 17. Correspondence The following correspondence was provided to Council for their review and information. A) Regular monthly bills. 18. City Manager's and Council Members Report The City Manager and Council members provided updates regarding recent and upcoming events and projects, including events of interest and the general operations of the City. For informational purposes only with no action taken. A) Rocky D. Rogers, City Manager, provided an overview of the supervisor/middle- management training currently underway. B) Rocky D. Rogers, City Manager, provided an update regarding the Rader property. C) Rocky D. Rogers, City Manager, provided an overview of the "Chillin and Grillin" event. D) Rocky D. Rogers, City Manager, reported that 160+ hikers participated in the open hike at Keystone Ancient Forest. E) Rocky D. Rogers, City Manager, provided an overview of the "Downhill Derby" event. F) Rocky D. Rogers, City Manager, informed Council that 360+ drivers participated in the Sand Springs School's Ford Test Drive event, raising approximately $8,000.00 for the Sand Springs Schools.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 11 G) Councilman Phillips expressed appreciation of staff arranging to have the Keystone Ancient Forest open every weekend through the end of the year for hikers. H) Councilman Phillips reminded Council of the Dan Newberry's 'Eggs Over Issues" on Friday, October 18, at 7:00 pm at Crescent Cafe. I)Councilman Honn reported there was a great turnout for the last "Street Talk" event for the year was held at Rolling Oaks. Following Agenda Item No. 18, a motion was made by Councilman Phillips and seconded by Councilman Nichols to recess the City Council Meeting, to be reconvened following the Municipal Authority Meeting. Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. The City Council meeting recessed at the noted time of 7:42 pm. Following the Municipal Authority Meeting, a motion was made by Councilman Phillips and seconded by Councilman Nichols to reconvene the City Council Meeting. Mayor Burdge Called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Neal, aye. The motion carried 6-0-0. The City Council meeting reconvened at the noted time of 7:45 pm. 10. 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 at Sand Springs-Pogue Airport in accordance with O.S. Title 25, Section 307(C)(10). B) A motion was made by Councilman Nichols and seconded by Councilman Honn to retire into Executive Session for the purpose conferring on matters pertaining to economic development at Sand Springs-Pogue Airport in accordance with O.S. Title 25, Section 307(C)(10).  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 12 Mayor Burdge called for the vote recorded as follows: Councilman Nichols, aye; Councilman Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 5-0-0. Mayor Burdge, Councilman Nichols, Councilman Honn, Councilman Phillips, Councilman Jackson, Councilman Rankin, City Manager Rocky Rogers, City Attorney David Weatherford, Public Works Director Derek Campbell, Airport Supervisor Ken Madison, Stephen S. Adams, Eric Paschall, Ron Weese, and Montie Box retired into Executive Session at the noted time of 7:46 pm. C) Council and Administrative staff held discussion for the purpose of conferring on matters pertaining to economic development at Sand Springs-Pogue Airport in accordance with O.S. Title 25, Section 307(C)(10). D) Following the Executive Session, a motion was made by Councilman Nichols 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 Phillips, aye; Vice Mayor Neal, aye; Mayor Burdge, aye; Councilman Jackson, aye; Councilman Rankin, aye. The motion carried 6-0-0. Council returned to the City Council meeting at the noted time of 8:15 pm. C) Mayor Burdge stated there was no action deemed appropriate by Council as a result of the Executive Session. Mayor Burdge returned to Agenda Item No. 10 - Resolution No. 14-09. Resolution No. 14-08 - Support of House Bill 1875 Rocky D. Rogers, City Manager, requested Council's approval of Resolution No. 14- 08 supporting House Bill 1875. A motion was made by Councilman Nichols and seconded by Councilman Phillips that the requested approval of Resolution No. 14-08 supporting House Bill 1875, as presented be approved.  CITY COUNCIL MINUTES OCTOBER 14, 2013 PAGE 13 Mayor Burdge Called for the vote recorded as follows: Councilman Rankin, aye; Councilman Jackson, aye; Mayor Burdge, aye; Councilman Phillips, aye; Councilman Honn, aye; Councilman Neal, aye. The motion carried 6-0-0. 20. Adjournment There being no other discussion, the meeting adjourned at the noted time of 8:18 pm. Janice L. Almy, City Cle