Sand Springs City Council denies Specific Use Permit for controversial marijuana growing facility
/Sand Springs Police Chief Mike Carter presents the 2020 Policing Plan to City Council.
The Sand Springs City Council denied a Specific Use Permit for a controversial proposed medical marijuana growing and processing facility at a Monday evening meeting at the Case Community Center. Several Sand Springs residents turned out to speak against the facility, and some spoke in favor of it.
The facility would have been located at 801 Long Street in the Hall’s Garden subdivision west of Walmart. The building formerly housed a daycare, and is owned by the Hacker Corporation. Most of the neighborhood around the building is residential, and located outside of City limits in Tulsa County.
The building sits at the corner of Long Street and Broad Street, and Broad Street has several differently-zoned properties. Two properties, including the former daycare, are zoned Commercial. Several lots are zoned Heavy Industrial, there are two churches, and one residential home. The two blocks west of Broad Street are all residential.
Barbara Shockley, who lives across the street from the building and who has lived in the neighborhood for more than 50 years, was concerned about traffic, crime, and deteriorating property values. “This is a neighborhood. A place like this should be in an industrial area.” Earl Shockley also expressed concerns about property value.
Mark Massey, who owns a house on Broad Street that is currently zoned for commercial use, was also opposed, as was Reverend Cliff Hewitt, representing Free Holiness Church. Hewitt found it disrespectful to open a marijuana facility three doors down from a church, and feared that it would bring criminals to the neighborhood who would break into his church and steal equipment to fund their marijuana addiction.
John Fothergill spoke on behalf of the Hacker family. Fothergill previously worked as Chief Deputy under County Commissioner Karen Keith, and said that the Hackers previously allowed the County to place multiple dumpsters on their land to help clean up the neighborhood. He pointed out that the facility would likely have private security, making the neighborhood safer, not more dangerous, and that it would bring jobs to the community.
Attorneys for the Hacker Corporation addressed several concerns of the neighbors. According to the Stephanie Sinclair, there would be less traffic at the facility than it had while it was a daycare, and there would be no signage identifying it as a grow operation. There would also be no marijuana smell due to the instillation of carbon scrubbers. They also addressed concerns of property value, pointing to their next-door neighbor, the Green Barn resale facility, which is frequently overgrown and has suffered multiple fires.
Keri Fothergill, the current Chief Deputy to Karen Keith, responded to their comments on Green Barn by informing Council that the County is planning to clean up the Green Barn property next fiscal year.
Vice Mayor Patty Dixon said she visited every grow operation in Sand Springs Monday and couldn’t smell marijuana at any of them, and said that many weren’t even recognizable as marijuana facilities. However, she said she saw this as a unique situation due to its proximity to a neighborhood.
Ultimately, the Council voted 6-1 to deny the permit, with Councilman Brian Jackson casting the lone vote in favor. The Hacker Corporation never actually had a lessee lined up for the property, but were attempting to be proactive in recruiting one. The Hackers always have the option to reapply at a later date and re-argue their case.
Two other marijuana businesses had their permits approved.
Council unanimously approved a Specific Use Permit for a medical marijuana processing facility at 3417 South 113th West Avenue. Patricia Goins already operates The Herbin Joint dispensary at that location. She also spoke on behalf of the Hacker Corporation in favor of their attempt to open a grow facility.
Council unanimously approved a Specific Use Permit for a medical marijuana dispensary at 3 East 41st Street. The location is a storefront formerly occupied by Plum Crazy Nutrition, next door to Cheezie’s Pizza. Applicants are Ryan Reece and Patrick Leonard, on behalf of OHG, LLC.
In other news:
Council unanimously voted to approve a resolution concerning a Tax Increment Finance District. Council previously passed a TIF in partnership with Webco Industries for a property adjacent to their existing Star Center. Webco purchased 48 acres from the City of Sand Springs in January, and intends to construct a leadership campus on the former site of the Rader Juvenile Detention Center. A small portion of the land was inadvertently left off of the initial resolution. Resolution No. 20-35 declares the Council’s intent to consider approval of an amendment, and authorizes a reconvening of the Review Committee to assess the issue.
Council unanimously approved a resolution authorizing the refinancing and refunding of $25,645,000 in outstanding bonds to attain a lower interest rate and save approximately $267,000 per year. That money will be invested in water and wastewater capital projects.
Council held a public hearing in regard to the 2020 Community Policing Plan, and Chief Mike Carter addressed several department policies that have been enacted to reduce negative community impact and use of force. This is the fifth year that the department has created a Policing Plan, and the public is invited to reach out with suggestions.
Council unanimously approved a resolution for final acceptance of the City Hall Remodel Project. Total construction cost for the project was $1,000,476.63.
Council unanimously approved a contract with the Metropolitan Tulsa Transit Authority for July 1st, 2020 through June 30th, 2021 at a cost not to exceed $57,020.
Council unanimously approved final acceptance of a contract with Crossland Construction regarding the Water Treatment Plant Wall Beautification Project. Council originally awarded the contract in the amount of $1,113,807.60 but a change order decreased the contract by $26,8884.80.
Council unanimously approved a Professional Service Agreement with Craig and Keithline, Inc. for planning the Shops at Sheffield Crossing commercial development. The city-owned development currently holds a recently-opened Chick-Fil-A, but the City hopes to attract a large hardware/lumber store and other shops/restaurants. The project will focus on construction plans for water/sanitary sewer, entryway construction and interior roadway extension. Council approved up to $92,526.00 for conceptional plans and report for Phase One of the project.
Council unanimously approved a Professional Service Agreement with Keithline Engineering Group for preliminary design of the 41st Street Surface Improvement Project. The City plans on applying for Surface Transportation Program (STP) Urbanized Area funds, and wants to have plans for the project ready for the grant application. The City plans to do an asphalt overlay of 41st Street from 129th West Avenue to 69th West Avenue, with a center rumble strip and improvements to access ramps.
Council unanimously approved a preliminary plan to place a commemorative sign on City-owned property recognizing Sand Springs as the home of Colonel William R. Pogue. The exact design and location of the sign have not yet been determined. Pogue graduated from Sand Springs High School in 1947 and was a member of the NASA Apollo missions, piloting Skylab 4.
Council approved several Board and Committee appointments:
Mike Burdge, Nancy Riley, and Patty Dixon were appointed to serve one-year terms on the Council Appointment Committee.
Burdge, Dixon, and Jim Spoon were appointed to serve one-year terms on the Council Finance and Development Committee.
Dixon, Riley, and Brian Jackson were appointed to serve one-year terms on the Council Legislative Committee.
Spoon, Beau Wilson, and Phil Nollan were appointed to serve one-year terms on the Council Public Works Advisory Committee.
Burdge was appointed to a one-year term on the Indian Nations Council on Government (INCOG) Board of Directors. Spoon was appointed to serve as alternate.
Spoon was appointed to a one-year term in the INCOG General Assembly. The City Manager was appointed as an alternate. The City of Sand Springs currently does not have a City Manager, but former Assistant City Manager Daniel Bradley is serving in an interim role until one is hired.
Burdge was appointed to a one-year term on the INCOG Legislative Consortium, and Spoon was appointed as an alternate.
Derek Campbell was appointed to a one-year term in the INCOG Tulsa Metropolitan Area Transportation Policy Committee, and T.J. Davis was appointed as an alternate.
Cathy Burdge was appointed to a three-year term on the Parks Advisory Board. There is currently another opening on the Board. Sand Springs residents interested in serving on the board should fill out this form and submit it to the city at the following address:
City of Sand Springs
P.O. Box 338
100 East Broadway Street
Sand Springs, OK 74063
Mike King was appointed to a two-year term as Municipal Judge.
R. Jay McAtee was appointed to a two-year term as Assistant Municipal Judge.
Tom Askew was appointed to a two-year term as Assistant Municipal Judge.
Council unanimously approved a $36,150.03 contract with A-Max Sign for design, construction, and installation of signage for the River West commercial development at its Highway 97 entrance.
Council unanimously approved an ordinance requiring Sand Springs businesses operating out of a physical location to register with the City. Police Chief Mike Carter called for the ordinance after having difficulties in establishing contact with businesses during the Great Flood of 2019 and the COVID-19 pandemic this spring. The ordinance will require businesses to register contact information with the City annually, and will not charge a licensing fee.
Council unanimously approved a resolution concerning the hiring process for the new City Manager. An application deadline has been set for August 17, 2020. Council aims to have a unanimous selection by October 31, 2020. A proposed advertisement reads as follows:
City of Sand Springs, Oklahoma (population 20,000) is accepting applications for the position of City Manager. Staff includes approximately 200 full time employees, 2 bargaining units, and a $26.5M budget. Seeking applicants with proven record of success in Municipal Administration. Ideal candidate will have college degree, preferably Master’s, in Public Administration, Business Administration, or related discipline, and minimum 7-10 years progressive management experience in municipal government. Previous experience in re-development of urban or blighted areas, or economic development initiatives a plus. Position reports directly to the City Council and is accountable for the effective management of all City departments. Candidates must have demonstrated effective leadership skills, high ethical standards, strong written and verbal communication skills, and be able to relate to diverse constituencies. We offer an attractive compensation package, commensurate with experience and qualifications. Those with serious interest should submit a cover letter, resume with salary history, and three business references on or before August 17, 2020, to Amy Fairchild, Human Resources, City of Sand Springs, P. O. Box 338, Sand Springs, OK 74063; e-mail ajfairc@sandspringsok.org; fax to (918) 246-2507. Any interest will be held in confidence at the discretion of the applicant.
Following the City Council meeting, the Municipal Authority meeting convened.
Trustees unanimously approved an agreement with the Metropolitan Environmental Trust for operating the Sand Springs Recycling Program for Fiscal Year 2020-2021 in the amount of $34,382.00.
Trustees unanimously approved an agreement for engineering services with Tetra Tech for operation and maintenance of the Skiatook Raw Water Conveyance System for Fiscal Year 2021 in the amount of $312,600.00 The Sand Springs Municipal Authority’s share is $187,560.00 and Sapulpa will cover the remainder.
Trustees unanimously approved a $40,000 contract renewal with Talley Golf to provide Golf Management Services at the Canyons at Blackjack Ridge for Fiscal Year 2021. The contract additionally includes 5% of gross revenue of greens fees and carts, all range revenues, and an incentive fee of 15% of the net savings of the total budgeted expenditures.
