Loading...
HomeMy WebLinkAbout1994.02.15_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 15, 1994 The Owasso City Council met in regular session on Tuesday, February 15, 1994 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, February 11, 1994, and Addendum posted at 5:00 p. m. on Monday, February 14, 1994. ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p.m. ITEM 2: FLAG SALUTE The flag salute was led by Mayor Randolph. ITEM 3: ROLL CALL PRESENT ABSENT Bob Randolph, Mayor John Phillips, Vice Mayor Mary Lou Eiarnhouse, Councilor Rex Bowen., Councilor Charles Burris, Councilor STAFF Rodney J R;ay, City Manager Ronald D Cates, City Attorney Marcia Boutwell, Council Clerk A quorum vvas declared present. ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CITY ATTORNEY OPINION THAT THE CITY COUNCIL WARD 3 COUNCIL SEAT IS VACANT AND DIRECTING THE INITIATION OF A PROCESS TO FILL THAT SEAT. City Manager Rodney Ray presented this item relating to a City Attorney opinion that the Ward 3 City Council seat was vacated when the Councilor in that ward was elected to, and accepted, a position on the Rogers County Rural Water District Board. Mr Ray referred to City Attorney Opinion No 93-07, issued on December 3, 1993, in which the city attorney discussed sections of state law that, in his opinion, do not allow a person holding the office of Owasso City Council Member to also be a member of the Board of Directors of a Rural Water District. The City Manager stated that it was his opinion this issue must come to the Council to ensure that Owasso City Council February 15, 1994 the risk faced by the City does not impose some cost to the taxpayers in the future. City Attorney Ron Cates briefed the Council on his opinion letter, a copy of which had been provided to Council members at the time it was rendered and again prior to this meeting. Mr Cates referred to 51 O.S. Section 6 of the state statutes, an Attorney General opinion, and the case of Gibson v Crowder, a copy of which was also provided to Council members prior to this meeting, and said that whenever an individual occupies an office and then takes another office that is subject to those provisions, then that person ipso facto vacates the first office. He stated that, based upon the events related to him by Mr Ray, it is his opinion that whenever Mr Burns took the seat on the rural water district board that the seat on the City Council became vacant. Mr Burns made a statement to the Council in which he questioned the reason the situation came about. He also mentioned employment contracts between the City and staff members, and a $20,000 shortage in the police payroll account. The City Manager interrupted an exchange between Mr Burns and the Mayor, and stated that this meeting was not the appropriate forum to discuss those issues not related to the agenda item or listed as an agenda item for the Council. With no other comments forthcoming from the Council or audience, Mayor Randolph moved to begin the process to fill the vacant seat in Ward 3, following established procedure by advertising for letters of interest from qualified electors in Ward 3, and that the seat be filled at the March 1, 1994 City Council meeting. Motion seconded by Mary Lou Barnhouse. AYE: Randolph, Barnhouse, Bowen, Phillips NAY: None Motion carried 4-0. ITEM 5: REQUEST APPROVAL OF THE MINUTES OF FEBRUARY 1 ,1994 REGULAR MEETING. Rex Bowen moved, seconded by John Phillips, to approve the minutes, by reference made a part hereto. AYE: Bowen, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 6: RE VEST APPROVAL OF THE CLAIMS John Phillips moved, seconded by Mary Lou Barnhouse, that the following claims be approved: (1) General Fund $2,360.92; (2) Ambulance Service Fund $266.02; (3) E-911 $859.44; (4) Capital Improvements $23,691.30; (5) City Garage $2,259.34; (6) Interfund Transfers $74,977.56; (7) General Fund Payroll $95,191.25; (8) City Garage Payroll $2,232.24. AYE: Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 4-0. 2 Owasso City Council February 15, 1994 ITEM 7: READING OF MAYOR'S PROCLAMATION. Mr Ray Fisher joined Mayor Randolph at the front of the room for the reading and presentation of a proclamation, which proclaimed February 13-19, 1994 as Child Passenger Safety Awareness Week in Owasso. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPOINTMENT OF AN AUTHORIZED AGENT BY THE CITY OF OWASSO FOR THE PURPOSE OF RECEIVING CORRESPONDENCE AND OTHER INFORMATION FROM THE OKLAHOMA MUNICIPAL RETIREMENT FUND. Michele Dempster presented this item, requesting that she be approved as authorized agent for the Oklahoma Municipal Retirement Fund. Such action would update OMRF files. Mayor Randolph moved to approve Ms Michele Dempster as authorized agent for OMRF. Motion seconded by John Phillips. AYE: Randolph, Phillips, Barnhouse, Bowen NAY: None Motion carried 4-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION NO. 94-02 A RESOLUTION APPROVING AMENDMENTS TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND TRUST INDENTURE AS PROPOSED BY THE TRUSTEES OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO EVIDENCE THE APPROVAL OF THESE AMENDMENTS BY THE CITY OF OWASSO. Ms Dempster presented this item. Six amendments have been proposed to the OMRF Indenture. The amendments do not affect the city's contribution rate nor the benefits received by the retirees. The amendments must be approved by 2/3 of all participating employers to become effective. John Phillips moved, seconded by Mary Lou Barnhouse, to approve Resolution No. 94-02. AYE: Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carried 4-0. 3 Owasso City Council February 15, 1994 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE PURCHASE OF LOCKERS FOR THE NEW CENTRAL FIRE STATION. Bids for lockers for the new fire station were opened on February 9, 1994. Three bids were submitted, with two being rejects as not complying with instructions provided in the bid document. Chief Allen recommend the expenditure of $5130 to Murray Womble Co for the purchase and installation of lockers for the new fire station. John Phillips moved, seconded by Mayor Randolph, to approve the expenditure as requested. AYE: Phillips, Randolph, Bowen, Barnhouse NAY: None Motion carried 4-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF A PARK SHELTER IN ELM CREEK PARK. Bids were opened on February 8, 1994 for a park shelter for Elm Creek Park. Four bids were received, with Builder's Unlimited submitting the lowest and best bid. John Phillips moved, seconded by Rex Bowen, to approve a contract to Builder's Unlimited, Tulsa, OK, in the amount "~"" of $41,826 for the construction of a park shelter at Elm Creek Park. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF IMPROVEMENTS TO THE WATER, WASTEWATER. STORMWATER. AND STREET SYSTEMS CONSTRUCTED BY THE DEVELOPERS OF BRENTWOOD ESTATES AN ADDITION TO THE CITY OF OWASSO. OKLAHOMA. This item, presented by Mr Munn, requested acceptance of the onsite infrastructure improvements in Brentwood Estates. All items have been completed and inspected by the proper city departments. John Phillips moved to accept the onsite infrastructure improvements to streets, storm sewers, water and wastewater at Brentwood Estates. Motion seconded by Mary Lou Barnhouse. AYE: Phillips, Barnhouse, Bowen, Randolph NAY: None Motion carved 4-0. 4 Owasso City Council February 15, 1994 ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT LOCATED ALONG THE WEST 17 5 FEET OF LOT 5 BLOCK 2 ELM CREEK COMMERCIAL CORNER. Mr Mark Weir, owner of Elm Creek Mini-Storage, has requested that the City close a 17.5 foot utility easement located along his western property line at 8502 N 128th E Ave (Lot 5, Block 2, Elm Creek Commercial Corner). According to Mr Rooney, the Technical Advisory Committee reviewed the request. PSO had a concern regarding the location of a utility pole and City staff was concerned about a drainage structure, both located in the subject area. PSO requested thhat the northerly 35' of the easement be maintained, and the City requested maintenancf; of the southerly 17.5'. Mr Weir has agreed to leaving those portions of the easement open. If approved, the applicant will have to carry out legal action to foreclose on the City's right to reopen the easement. Such actions are normally handled as "friendly" cases. Mr Cates advised that the minutes should reflect that the proper wording of the agenda item is "CLOSE" instead of "VACATE". John Phillips moved to approve the request to close the utility easement located along the west 17.5 feet of Lot 5, Block 2, Elm Creek Commercial Corner, less and except the southerly 17.5 feet and the northerly 35 feet. Motion seconded by Mayor Randolph. AYE: Phillips, Randolph, Bowen, Barnhouse NAY: None Motion carried 4-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST TO ABANDON A PUD APPROVED BY THE CITY OF OWASSO IN 1992 CONSISTING OF SINGLE FAMILY MULTI FAMILY COMMERCIAL, AND OFFICE DEVELOPMENT, LOCATED BETWEEN 86TH STREET NORTH AND 96TH STREET NORTH, EAST OF THE LAKERIDGE ADDITION. IF APPROVED, ZONING WOULD REVERT TO ITS ORIGINAL CLASSIFICATION OF RS-3. The Owasso City Council approved OPUD-10 in December of 1992. The owners of that property have now requested that the PUD be abandoned and the zoning revert to its original classification of RS-3. They wish to develop the property in a manner consistent with an RS-3 zoning district similar to the Lakeridge Addition. Planning Commission has unanimously recommended that OPUD-10 be abandoned. John Phillips moved to approve the abandonment request for OPUD-10. Motion seconded by Rex Bowen. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4-0. 5 Owasso City Council February 15, 1994 ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO REZONE A TRACT OF LAND CONTAINING 12 69 ACRES MORE OR LESS. FROM OL (OFFICE LOW INTENSITY) AND CS COMMERCIAL SHOPPING CENTER) DISTRICT TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY) DISTRICT. GENERALLY LOCATED NORTH OF SMITH ELEMENTARY SCHOOL. This item is a result of the abandonment of OPUD-10. Because there was an underlying and separate zoning case for commercial and office development as part of the PUD, staff requested that the applicant also submit a rezoning request for that separate zoning case. A condition of the PUD was that the commercial area could not develop until the service road is constructed. With the abandonment of the PUD, that property could develop prior to completion of a service road. If the property reverts back to RS-3, the entire tract would be zoned as it was prior to the PUD, with no commercial zoning. Mr Phillips asked why rezone if commercial zoning is desirable as stated in the memorandum to the Council. Mr Rooney said that in order to prevent that area from developing commercially before the service road is completed, staff felt it was necessary that the property revert back to RS-3. John Phillips moved, seconded by Rex Bowen, to approve the rezoning from CS and OL to RS-3 in Case No 94-01. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF THE OWASSO SPORTS PARK PHASE II GRADING AND DRAINAGE PROJECT. Continental Concrete Company has completed the scope of services specified in their contract for grading and drainage at the Sports Park and requested final payment. Mr Munn stated that all the work under contract has been completed. Rex Bowen moved, seconded by John Phillips, to accept the grading and drainage of Phase II of the Owasso Sports Park and to release the $22,500 remaining on the contract. AYE: Bowen, Phillips, Barnhouse, Randolph NAY: None Motion carried 4-0. 6 Owasso City Council February 15, 1994 ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE EXPENDITURE OF FUNDS FOR THE REPAIR OF STREET DEPARTMENT EQUIPMENT. AND APPROVAL OF A "SOLE SOURCE" DETERMINATION REGARDING THAT EXPENDITURE. The 1984 John Deere Backhoe used by the street division has developed some major problems and was transported to Keystone Equipment in Sand Springs to determine the extent of repairs needed. The minimum amount for repairs needed to get the backhoe into operation is $4010.46. Since the backhoe had to be dismantled to determine the needed repairs, the cost to reassemble without repairs would be $975. Staff requested a sole source bid because of the expertise required and because the backhoe had been dismantled. The street division budget contains the funding necessary to the repairs. John Phillips moved, seconded by Rex Bowen, to approve a sole source expenditure of $4010.16 to Keystone Equipment to repair the backhoe. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4-0. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RE UEST FOR THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF CONSTRUCTING WASTEWATER IMPROVEMENTS TO PROVIDE SERVICE TO THE FIRE STATION AND APPROVING AN AMENDMENT TO THE AMBULANCE SERVICE CAPITAL FUND BUDGET FOR THE FIRE STATION PROJECT. Staff requested Council approval of an expenditure of $16,700 to extend a sanitary sewer gravity flow line to the fire station, and the authorization of that expenditure from the Ambulance Capital fund. John Phillips moved to approve the expenditure for the purpose requested, and amendment of the Ambulance Capital Fund budget in the amount of $16,700. Motion seconded by Rex Bowen. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion can-ied 4-0. 7 Owasso City Council February 15, 1994 ITEM 19: REPORT FROM CITY MANAGER The Rotary Club has begun planting trees on the northeast corner of 86th St N and Highway 169. They will be planting 6000 trees. A Summary Judgment has been entered in the case of Hiatt vs City of Owasso. ITEM 20: REPORT FROM CITY ATTORNEY The City Attorney requested that the minutes reflect that Council members were provided with City Attorney Opinion No 93-07 and Oklahoma Supreme Court decision in the case of Gibson v Crowder, No. 32299, prior to the Council meeting. ITEM 21: UNFINISHED BUSINESS None. ITEM 22: NEW BUSINESS None. ITEM 23: ADJOURNMENT John Phillips moved, seconded by Rex Bowen to adjourn. AYE: Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 4-0 and the meeting was adjourned at 7:55 p.m. Bob Rand ph, Mayor Marci Boutwell, Coun it Clerk 8 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, February 15, 1994 The Owasso City Council met in special session on Tuesday, February 15, 1994 following the regular City Council meeting, as a part of the presentation for the proposed sales tax. No council business was discussed nor any action taken.