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HomeMy WebLinkAbout1994.09.20_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, September 20, 1994 The Owasso City Council met in regular session on Tuesday, September 20, 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, September 16, 1994. ITEM l: CALL TO ORDER Mayor Duke called the meeting to order at 7:00 p. m. ITEM 2: INVOCATION The invocation was given by Pastor Fred Williams of the Owasso Freedom Baptist Church. ITEM 3: FLAG SALUTE The flag salute was led by Mayor Duke. ITEM 4: ROLL CALL PRESENT Jerry Duke, Mayor Charles Burris, Vice Mayor Mary Lou Barnhouse, Councilor Joe Ramey, Councilor Danny Ewing, Councilor ABSENT STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: REQUEST APPROVAL OF THE MINUTES OF September 6, 1994 REGULAR MEETING. Mr Burris moved, seconded by Mr Ramey, to approve the minutes as submitted, by reference made a part hereto. AYE: Burris, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0. Owasso City Council September 20, 1994 ITEM 6: RE UEST APPROVAL OF THE CLAIMS Mr Burris moved, seconded by Ms Barnhouse, that the following claims and addendum be approved: (1) General Fund $25,983.27 (2) Collision Self-Insurance $474.83; (3) Workers Comp Self-Insurance $778.33; (4) Ambulance Service Fund $982.74 (5) E-911 $1,669.61 (6) City Garage $394.06; (7) Capital Improvements $8,515.70; (8) Interfund Transfers $6,025.95; (9) General Fund Payroll $98,626.53; (10) City Garage Payroll $0.00. AYE: Burris, Barnhouse, Ewing, Ramey, Duke NAY: None Motion carried 5-0. ITEM 7: REPORT TO THE CITY COUNCIL RELATING TO THE ALLOCATION OF RESOURCES AND MAINTENANCE SCHEDULES FOR OPERATIONS OF THE MUNICIPAL CEMETERY. As requested by a citizen group at the last Council meeting, staff reported on the maintenance of Fairview Cemetery. Recent steps have been taken to allow the sexton to spend more time on cemetery maintenance and less time on other tasks within the Public Works Department. A maintenance schedule has also been developed, which covers all forms of cemetery maintenance, as well as mowing and trimming. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-94-OS A REQUEST TO REZONE AN EIGHT-ACRE TRACT OF LAND FROM AG AGRICULTURE) TO CS (COMMERCIAL SHOPPING CENTER), SUCH PROPERTY LOCATED GENERALLY ON THE SOUTHWEST CORNER OF 96TH STREET NORTH AND GARNETT ROAD. A rezoning request was approved by the Owasso Planning Commission on September 13, 1994. That approval was for five acres of the tract to be zoned CS and the remaining three acres zoned RS-2, which would maintain a zoning pattern already established on the north side of the street. Mr Burris moved to approve the request, rezoning the easterly 300' of the subject tract to CS and the remaining 272' to RS-2. Motion seconded by Mr Ewing. AYE: Burris, Ewing, Ramey, Barnhouse, Duke NAY: None Motion carried 5-0. 2 Owasso City Council September 20, 1994 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST TO REZONE ATWELVE-ACRE TRACT OF LAND FROM AG (AGRICULTURE) TO RS-2 (RESIDENTIAL SINGLE FAMILY, MEDIUM DENSITY), SUCH PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF 96TH STREET NORTH AND GARNETT ROAD. Staff received a request to rezone a 12-acre tract on the southwest corner of 96th St N and Garnett Rd from AG to RS-2. That request was approved by the Owasso Planning Commission on September 13, 1994. Mr Ramey moved, seconded by Ms Barnhouse, to approve the request to rezone the property from AG to RS-2. AYE: Ramey, Barnhouse, Ewing, Burris, Duke NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF A FINAL PLAT FOR BAILEY RANCH ESTATES AN ADDITION TO THE CITY OF OWASSO LOCATED NORTH OF 96TH STREET NORTH AND EAST OF GARNETT ROAD, CONTAINING 118 LOTS ON A 40.62 ACRE AREA. The Planning Commission approved a preliminary plat for Bailey Ranch Estates Phase I on May 10, 1994. Bailey Ranch Estates is located 1/4 mile north of the northeast corner of 96th St N and Garnett Rd. It consists of 118 lots on a 40.64 acre area and contains two entrances from Garnett Road. The final plat was approved by the Planning Commission on July 12, 1994. Mr Burris moved, seconded by Mr Ramey, to approve the final plat for Bailey Ranch Estates (Phase I). AYE: Burris, Ramey, Barnhouse, Ewing, Duke NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF EQUIPMENT. On July 14 lightning damaged a computer terminal at city hall. Insurance will cover the cost of repair beyond the deductible amount. It is the opinion of the service technician that it would cost more to repair the damaged terminal than to replace it. Also, one of the printers used in the finance department has developed some recent problems. Because of the age of this printer, 3 Owasso City Council September 20, 1994 it is advisable to replace it with a more up-to-date and faster printer. Funds are available in the finance department budget for this purchase. Several vendors have been contacted and quotes received. Mr Ramey moved, seconded by Mr Burris, to approve the expenditure of $1694 to Epson Direct of Torrance, CA for the purchase of an Epson Endeavor VL Computer System, and $2345 to Memory Systems/Connecting Point, Broken Arrow, OK for the purchase of one Epson DFX-8000 High Speed Printer for city accounting functions. AYE: Ramey, Burris, Barnhouse, Ewing, Duke NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A SETTLEMENT OF A WORKERS COMPENSATION CLAIM FILED AGAINST THE CITY BY DARRELL EVANS. Mr Darrell Evans, a city employee, was injured on the job on May 16, 1992 and returned to work with a light duty classification on June 1, 1992. On July 13, 1992, Mr Evans was again injured on the job. Permanent injuries were received as a result of both of these situations. Mr Evans has been on temporary total disability since his last injury, with the city continuing to pay employee benefits. A total of $36,349.76 TTD has been paid, as well as $44,688.20 in medical expenses. It is staff position that it would be in the best interest of the city to approve a settlement package with Mr Evans. Mr Evans and his attorneys have agreed to a package containing a settlement of $75,000, taxes and fees of $4312.50, and court cost of $50, for a total settlement cost of $79,362.50. As a part of the compensation settlement package, it is requested that Mr Evans be allowed to retire with disability status. Mr Burris moved, seconded by Mr Ramey, that this Workers Compensation claim with Mr Evans be settled as outlined by staff at a total cost of $79,362.50 and that all documentation of the settlement be completed as prescribed by law. AYE: Burris, Ramey, Ewing, Barnhouse NAY: Duke Motion carried 4-1. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM DARRELL EVANS, AN EMPLOYEE OF THE CITY OF OWASSO, FOR DISABILITY RETIREMENT. The Owasso City Council in its capacity as the Local Retirement Board, heard a request that Mr Evans be allowed to retire with disability status and that he receive all benefits as provided to ,,, 4 Owasso City Council September 20, 1994 any other retiree of the City of Owasso, specifically, access to insurance coverage as long as the retiree pays the premium. Mr Ewing moved to approve the disability retirement of Mr Darrell Evans and grant him all benefits that any other City of Owasso retiree receives. Motion seconded by Ms Barnhouse. AYE: Ewing, Barnhouse, Ramey NAY: Burris, Duke Motion carried 3-2. The Mayor recessed the meeting at 8:10 p. m. and reconvened at 8:23 p. m. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO DECLARE CERTAIN PROPERTY AS SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZE THE DISPOSAL OF SUCH PROPERTY. The city has accumulated some items of property and equipment during the year since the last surplus auction, that are no longer useful and cost effective to operate. The Code of Ordinances provides that surplus material may be disposed of by public auction. If the Council declares the items listed in the agenda packet as surplus, an auction will be held at 9:00 a.m. on October 1, with proper legal notice being given. Mayor Duke moved, seconded by Mr Ramey, to declare as surplus the list of items provided to Councilors, and direct that those items be sold at public auction on Saturday, October 1, 1994. AYE: Duke, Ramey, Burris, Barnhouse, Ewing NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS CONSTRUCTED BY THE DEVELOPERS OF THE NOTTINGHAM ESTATES SUBDIVISION. The developer of Nottingham Estates has requested Council acceptance of improvements to the water and wastewater systems. The final plat for Nottingham Estates was approved by the City Council on June 7, 1994, and construction plans have also been approved. At this time the water has been installed and inspected; however, test results from the testing laboratory have not been finalized and copies of their reports are not in our files. The sanitary sewer is close to being completed and the mandrel test has been done. The City of Owasso has not heard from the Department of Environmental Quality as to the approval and issuance of permits for 5 Owasso City Council September 20, 1994 construction for the water and sanitary sewer lines. There are also some minor problems with the maintenance bond. Normal city policy is for all water and sanitary sewer lines to be installed, inspected, tested and approved by staff; written approval be obtained from DEQ; and a maintenance bond be received for each utility installed prior to the acceptance of improvements. If any portion of the construction has not been completed, it must be backed by a 100% performance bond prior to seeking Council approval. Following a lengthy discussion, Mr Burris moved to accept the improvements to the water distribution and wastewater collection systems in Nottingham Estates, contingent upon the following requirements: 1. That all water tests pass according to local standards and be approved by the Department of Environmental Quality. 2. That all sanitary sewer lines installed be properly tested and inspected and approval received from the DEQ. 3. That aone-year maintenance bond be filed with the Public Works Department Engineering Division effective 9/20/94. 4. That a performance bond be filed with the Public Works Department effective 9/20/94 representing 100% of the remaining construction items for Nottingham Estates. Motion seconded by Mr Ramey. AYE: Burris, Ramey, Duke NAY: Barnhouse, Ewing Motion carried 3-2. ITEM 16: REPORT FROM CITY MANAGER Mr Ray reported that he had been asked by the Mayor of Sapulpa to visit with them concerning the position of City Manager of that community. He said that, in spite of the report in the Tulsa World that stated he would be offered a contract wit11 the City of Sapulpa, he did not have any plans to leave Owasso. Mr Ray apologized to the Council for not informing them that he had interviewed in Sapulpa. The City and FOP have received an arbiters list for arbitration and should begin striking names shortly. Arbitration will be held in Owasso, with a presentation being made by the city and by the FOP. There will be one neutral arbiter and probably an interest arbiter from each side. The cost of the arbiter will be shared by the city and the FOP, with each entity paying their own interest arbiter. 6 Owasso City Council September 20, 1994 ITEM 17: REPORT FROM CITY ATTORNEY No Report ITEM 18: REPORTS FROM CITY COUNCILORS Mr Ewing expressed his appreciation for some recent work done by the Public Works Department. ITEM 18: UNFINISHED BUSINESS Mr Burris brought a request from the FOP to place an item on the next Council agenda for the Council to hear from the FOP one more time relative to their contract. Mr Burris moved that the Council allow the FOP to be placed on the next Council agenda to present to the Council their last proposal. Motion seconded by Ms Barnhouse. AYE: Burris, Barnhouse, Ewing NAY: Ramey, Duke Motion carried 3-2. ITEM 20: NEW BUSINESS Mr Larry Pennington, with the Bailey Ranch Estates development, expressed his appreciation for the way Owasso city staff has worked with him and his group in this development. ITEM 21: ADJOURNMENT Mr Ramey moved, seconded by Mr Burris to adjourn. AYE: Ramey, Burris, Barnhouse, Ewing, Duke NAY: None Motion carried 5-0 and the meeting was adjourned at 9:25 p.m. Jerry Duke, Mayor Marc a Boutwell, City Jerk 7