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HomeMy WebLinkAbout2013.03.19_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 19, 2013 The Owasso City Council met in regular session on Tuesday, March 19, 2013 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, March 15, 2013. ITEM 1 CALL TO ORDER Vice Mayor Kelley called the meeting to order at 6:30 p.m. ITEM 2 INVOCATION The invocation was offered by Assistant City Manager, Warren Lehr ITEM 3 FLAG SALUTE Councilor Ross led the flag salute ITEM 4 ROLL CALL PRESENT ABSENT Chris Kelley, Vice Mayor Doug Bonebrake, Mayor Charlie Brown, Councilor (entered at 6:32 p.m.) Patrick Ross, Councilor Jeri Moberly, Councilor A quorum was declared present STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the March 5, 2013 and March 12, 2013 Regular Meetings B. Approval of Claims C. Receipt of the Monthly Budget Status Report D. Approval to declare one (1) 1994 Chevrolet Caprice Classic as surplus equipment to the needs of the City of Owasso E. Approval of Addendum No. 7 to Master Services Agreement E 9-1-1 Services Mr. Brown requested item B, Claims, be removed from the consent agenda for separate consideration. Mr. Brown moved, seconded by Ms. Moberly to approve item A, Minutes, item C, Monthly Budget Status Report, item D, Surplus Equipment, and item E, Addendum No.7 Master Services Agreement, of the consent agenda. YEA: Brown, Ross, Moberly, Kelley NAY: None Motion carried 4-0 Owasso City Council March 19, 2013 ITEM 6 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA Rodney Ray and Teresa Willson responded to questions relating to item B, Claims, on the consent agenda. After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve item B, Claims, totaling $154,102.90 of the consent agenda. Also included for review were the self- insurance claims report and the payroll payment report for 3/09/2013. YEA: Ross, Moberly, Brown, Kelley NAY: None Motion carried 4-0 PUBLIC HEARING ITEM 7 THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING CITIZEN COMMENTS AND INPUT RELATING TO PROPOSED CAPITAL IMPORVEMENT PROJECTS TO BE FUNDED BY THE THIRD PENNY SALES TAX Warren Lehr introduced the list of recommended projects: Transportation Master Plan, Police Vehicles, and Golf Equipment. Vice Mayor Chris Kelley opened the floor at 6:43 p.m. to receive citizen comments and input relating to proposed Capital Improvement Projects. Two people spoke and the Public Hearing was closed at 6:54 p.m. PUBLIC HEARING ITEM 8 THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO RECEIVE RECOMMENDATIONS ON COMMUNITY DEVELOPMENT NEEDS FOR THE CITY OF OWASSO AS A MEMBER OF THE TULSA COUNTY CDBG URBAN COUNTY. THE AMOUNT OF FUNDS ALLOCATED TO THE CITY OF OWASSO IS ESTIMATED AT $105,000 Bronce Stephenson introduced the item and recommended using funds for improvements to Rayola Park. Vice Mayor Chris Kelley opened the floor at 6:59 p.m. to receive citizen comments and input relating to community development needs for the City of Owasso. Five people spoke and the Public Hearing was closed at 7:09 p.m. ITEM 9 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF THE FINAL PLAT, MAPLE GLEN III, LOCATED EAST OF THE EXISTING MAPLE GLEN DEVELOPMENT LOCATED APPROXIMATELY '/2 MILE NORTH OF E 106TH ST N ON N GARNETT RD ON THE EAST SIDE OF THE ROAD Bronce Stephenson presented the item recommending the approval of the final plat, Maple Glen III. After discussion, Ms. Moberly moved, seconded by Dr. Kelley to approve the final plat, as recommended. YEA: Moberly, Kelley NAY: Brown, Ross Motion failed 2-2 Owasso City Council March 19, 2013 ITEM 10 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF THE FINAL PLAT, SMALL ANIMAL HOSPITAL OF OWASSO (SAHO), LOCATED NORTH OF BANK OF THE LAKES AND COMPADRES RESTAURANT ON E 86TH ST N AT N 125TH E AVE At the request of Vice Mayor Kelley, Councilor Moberly assumed the chair. Vice Mayor Kelley recused himself from the meeting at 7:13 p.m. prior to the presentation of the item. Bronce Stephenson presented the item recommending approval of the final plat for the Small Animal Hospital of Owasso. After discussion, Ms. Moberly moved, seconded by Mr. Brown to approve the final plat, as recommended. YEA: Moberly NAY: Ross, Brown Motion failed 2-1 Vice Mayor Kelley re-entered the meeting at 7:19 p.m. and assumed the chair. ITEM 11 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF THE FINAL PLAT, SAIMILAN SUBDIVISION (SUPER 8 HOTEL), LOCATED ALONG E 76TH ST N BETWEEN THE US-169 SERVICE ROAD AND N 1 17TH E AVE Bronce Stephenson presented the item recommending approval of the final plat, Saimilan Subdivision (Super 8 Hotel). After discussion, Ms. Moberly moved, seconded by Dr. Kelley to approve the final plat, as recommended. YEA: Moberly, Kelley NAY: Brown, Ross Motion failed 2-2 ITEM 12 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF DRUG ENFORCEMENT ADMINISTRATION FUNDS AND APPROVAL OF A BUDGET AMENDMENT Chief Scott Chambless presented the item recommending acceptance of DEA asset forfeiture funds and approval of a budget amendment increasing the estimated revenue by $14,172 in the General Fund and increasing the appropriation of expenditures by $14,172 in the Police Services budget. After discussion, Mr. Ross moved, seconded by Ms. Moberly to accept the funds and approve the budget amendment, as recommended. YEA: Brown, Ross, Moberly, Kelley NAY: None Motion carried 4-0 ITEM 13 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF THE FIRING RANGE PROJECT AND APPROVAL OF FINAL PAYMENT TO EARTH SMART CONSTRUCTION IN THE AMOUNT OF $7,551 Roger Stevens presented the item recommending acceptance of the project and approval of final payment to Earth Smart Construction in the amount of $7,551. After discussion, Ms. Moberly moved, seconded by Mr. Ross to accept the project and approve final payment, as recommended. 3 Owasso City Council March 19, 2013 YEA: Ross, Moberly, Brown, Kelley NAY: None Motion carried 4-0 ITEM 14 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL TO RENEW THE COX CABLE TELEVISION PERMIT AGREEMENT AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE RENEWAL AGREEMENT Julie Lombardi presented the item recommending approval to renew the cable television permit agreement with Cox and authorize the Mayor to execute the agreement and any ancillary documentation necessary. After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve the agreement, as recommended. YEA: Moberly, Ross, Brown, Kelley NAY: None Motion carried 4-0 ITEM 15 REPORT FROM CITY MANAGER No report ITEM 16 REPORT FROM CITY ATTORNEY No report ITEM 17 REPORT FROM CITY COUNCILORS No report ITEM 18 NEW BUSINESS None ITEM 19 ADJOURNMENT Ms. Moberly moved, seconded by Mr. Ross, to adjourn the meeting. YEA: Brown, Ross, Moberly, Kelley NAY: None Motion carried 4-0 and the meeting was adjourned at 7:40 p.m. E I J) c Ah~e kmn, Minute Clerk 108u0or'ebra'ke, Mayor 4 Statement of Charlie Brown related to Owasso City Council meeting on Tuesday, March 18, 2013 On March 8, 2013, Mr. Ray sent out an email to the council and others about sales tax and lease payment issues regarding his business that had been brought up by a local advocacy group. He said the issues had been resolved. He wrote "A second claim.. . related to a lawsuit that indicated that our business was being sued by our Landlord. The best thing for me to say about that claim is that, while there was an issue relating to our lease, that issue has been resolved by a simple communication between me and the owner and the fault in the lack of previous communication was entirely mine." That heightened my curiosity, so I looked up the lawsuit on www.oscn.net. When I was at the courthouse on March 13, 2013 on another matter, I decided to look at the publicly available file for Mr. Ray's case on the lease payment. That's where I found a default letter from Owasso Land Trust where Mr. Ray's personal business was past due over $41,000 in lease payments. There was a hand written note on that letter that indicated only $4,000 had been paid. I also saw that the case was dismissed on March 12, 2013 because neither the defendant nor the plaintiff showed up. I was surprised that OLT did not appear in court to pursue such a large receivable. I then asked Mr. Ray via an email on March 13, 2013 for documentation of the resolution that he mentioned in the previous email. I was hoping to see clear evidence that all of the lease payments had been made. Mr. Ray did not respond. His lack of response is why I'm so concerned. Of further concern is his failure to disclose to the council the significant personal indebtedness to the largest land developer in Owasso. It can lead to too many unanswered questions about the whole development process in Owasso. At the meeting on Tuesday, March 18, 2013, I was hoping Mr. Ray would disclose his personal financial situation with Owasso Land Trust prior to their item on Maple Glen being heard by the council. He did not do so. At that point, I was left wondering what other undisclosed matters there might be with other parties seeking new developments, which is why I voted against any further developments. The council needs to address the matter of disclosure thoroughly and quickly. I have requested that an item be placed on the agenda for the next regular council meeting on April 2, 2013 to discuss the expectations for the employees that the council oversees (City Manager, City Attorney & City Clerk) regarding disclosure of any personal obligations incurred by such employee with any entity or business that does business with the city or that has business pending with the city. While out of town on a family medical emergency, I was informed by Mr. Ray that the mayor had called for a special meeting on Friday, March 22, 2013. I plan to be back in town late Monday night provided the family member stabilizes. I asked the mayor to instead have the special meeting on Tuesday March 26 so that I might have a chance to attend. The mayor denied my request.