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Home My WebLink About1994.12.20_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 20, 1994 The Owasso City Council met in regular session on Tuesday, December 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, December 16, 1994. ITEM l: CALL TO ORDER Vice Mayor Burris called the meeting to order at 7:02 p. m. ITEM 2: INVOCATION The invocation was given by Steve Irby, a member of the Owasso Fire Department. ITEM 3: FLAG SALUTE The flag salute was led by Vice Mayor Burris. ITEM 4: ROLL CALL PRESENT Charles Burns, Vice Mayor Mary Lou Barnhouse, Councilor Joe Ramey, Councilor Danny Ewing, Councilor ABSENT Jerry Duke, Vice Mayor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A CONTRACT BETWEEN THE CITY AND THE FOP• SUCH DISCUSSION ALLOWED PURSUANT TO 25 O.S., SECTION 307-B(21 Mr Bums moved to enter into executive session for the stated purpose. Seconded by Mr Ewing. AYE: Bums, Ewing, Ramey, Barnhouse NAY: None Motion carried 4-0 and Council entered into executive session at 7:05 p. m. and returned to regular session at 7:50 p. m. , at which time the Vice Mayor reconvened the meeting. Owasso City Council December 20, 1994 ITEM 1 CONSIDERATION AND APPROPRIATE ACTION RELATION TO A CONTRACT BETWEEN THE CITY OF OWASSO AND FOP LODGE #149 PROVIDING FOR WAGES . COMPENSATION AND OTHER BENEFITS FOR FY 1994-95. After several months of contract negotiations, an impasse was declared and the matter went to arbitration. The arbiter's ruling was in favor of FOP Lodge #149. Vice Mayor Bums moved to accept the arbiter's ruling and approve the contract between the City of Owasso and FOP Lodge #149 providing for wages, compensation and other benefits for FY 1994-95, contingent upon supplemental appropriation by the Council, such request for appropriation to be placed on the January 3, 1995 Council agenda. Motion seconded by Mr Ewing. AYE: Burris, Ewing, Ramey, Barnhouse NAY: None Motion carried 4-0. ITEM 5: REQUEST APPROVAL OF THE MINUTES OF DECEMBER 6, 1994 REGULAR MEETING. Mr Ramey moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. AYE: Ramey, Barnhouse, Ewing, Burns NAY: None Motion carried 4-0. ITEM 6: REQUEST APPROVAL OF THE CLAIMS. Following questions and discussion, Mr Ramey moved, seconded by Mr Ewing, that the following claims and addendum be approved: (1) General Fund $22,710.14; (2) Workers Comp Self-Insurance $20,019.93; (3) Ambulance Service Fund $961.19; (4) Community Center $1,980.00; (5) City Garage $1,534.24; (6) Revenue Bond Project Fund $36,767.03; (7) Interfund Transfers $2373.20; (8) General Fund Payroll $105,780.96; (9) City Garage Payroll $3,090.84. AYE: Ramey, Ewing, Barnhouse, Burns NAY: None Motion carried 4-0. 2 Owasso City Council December 20, 1994 ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #94-15, A RESOLUTION CALLING ANON-PARTISAN PRIMARY AND GENERAL ELECTION PURSUANT TO PROVISIONS OF THE OWASSO CITY CHARTER FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER FOR WARD 5. The City Council must call, by Resolution, any necessary Ward elections. The Ward 5 seat becomes vacant in 1995. Resolution #94-15 calls for elections to be conducted for Ward 5 and allows for proper notification to the Tulsa County Election Board. Mr Ramey moved, seconded by Ms Barnhouse, to approve Resolution #94-15. AYE: Ramey, Barnhouse, Ewing, Burris NAY: None Motion carried 4-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #493. AN ORDINANCE GRANTING A PERMIT TO TULSA CABLE TELEVISION, ADOPTING REGULATION PROVISIONS, AND ESTABLISHING AN EFFECTIVE DATE. TCI Cablevision operates a cable television system within the city limits of Owasso under a franchise granted by a vote of the people. The franchise expired on November 20, 1994. Because of the change in federal laws, city staff and TCI are recommending that continued operations be under a permit system rather than a franchise. A permit system does not require a vote of the people. Staff proposed increasing the permit fee from the current 3 % to 5 %, based on TCI revenues. Following discussion on the permit fee, Mr Ewing moved to approve Ordinance #493, amending Section 17-410 so that the permit fee remains at 3 %. Motion seconded by Mr Bums. AYE: Ewing, Bums, Barnhouse NAY: Ramey Motion carried 3-1. 3 Owasso City Council December 20, 1994 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EMERGENCY CLAUSE TO BE ATTACHED TO ORDINANCE #493. PROVIDING FOR THE ORDINANCE TO BECOME EFFECTIVE IMMEDIATELY UPON PUBLICATION OF THE ORDINANCE. Because the TCI franchise expired on November 20, 1994 and there is no protection to either the City or TCI, it is appropriate that an emergency clause be attached to the ordinance so that it become effective immediately upon publication. Mr Ewing moved, seconded by Mr Bums, to approve the attachment of an emergency clause to Ordinance #493. AYE: Ewing, Bums, Ramey, Barnhouse NAY: None Motion carried 4-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR REPLACEMENT FENCING AT RAYOLA PARK BALL FIELDS. Bids were received from five companies for the replacement of fencing at Rayola Park ball fields. All bids were more than the budget estimate. However, staff recommended awarding a contract to the lowest bidder, with the remaining funds being taken from the Park Development Fund Playground Equipment line item. Mr Ramey moved to award a contract to Aaron Fence Co of Tulsa in the amount of $9,499.00 for replacement fencing at the Rayola Park Ball Fields. Motion seconded by Mr Burns. AYE: Ramey, Burns, Ewing, Barnhouse NAY: None Motion carried 4-0. ITEM__11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A LEASE AGREEMENT BETWEEN THE CITY OF OWASSO AND THE TULSA CITY/COUNTY HEALTH DEPARTMENT PROVIDING FOR A RENEWAL OF AN ANNUAL LEASE OF A BUILDING LOCATED AT 315 SOUTH CEDAR. For several years the City of Owasso has been leasing the abandoned City-County Health Department building for $1.00 per year. The last lease expired on June 30, 1994 and was not renewed because of an oversight on the part of both the City and Health Department. That oversight is being corrected with this lease agreement. Mr Ramey moved, seconded by Ms 4 Owasso City Council December 20, 1994 Barnhouse Zp approve the lease agreement with the Tulsa City-County Health Department and authorize the Mayor to execute the document. AYE: Ramey, Barnhouse, Ewing, Burris NAY: None Motion carried 4-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF OWASSO AND TULSA COUNTY FOR THE PURPOSE OF IMPROVING A DRAINAGEWAY SOUTH OF 76TH STREET AND WEST OF 122ND EAST AVENUE. Mr & Mrs Robert Downey, who live outside the city limits, have requested city assistance in correcting a drainage problem on their property caused by housing developments within the city limits. Tulsa County has agreed to provide a tracked bulldozer and one operator to straighten and clear the existing drainage channel which runs along the eastern edge of Mr & Mrs Downey's property, from 76th Street North to a point approximately 300 feet south of their property line. The City will provide two employees, plus chainsaws, fuel, oil, and other tools necessary to clear the drainage channel. Oklahoma law provides for an interlocal agreement for work such as this to occur. Mr Ewing moved to approve an agreement with Tulsa County for the proposed work and that the Mayor be authorized to execute the agreement. Motion seconded by Mr Ramey. AYE: Ewing, Ramey, Barnhouse, Burris NAY: None Motion carried 4-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF OWASSO AND TULSA COUNTY FOR THE PURPOSE OF CONSTRUCTING A "DRY FIRE HYDRANT" FOR USE BY THE OWASSO FIRE DEPARTMENT. Because of the lack of fire fighting resources in most rural areas, INCOG studied the feasibility of installing dry hydrants in rural areas. A dry hydrant is a pipe system permanently installed in existing water sources to supply water to a fire vehicle. INCOG has offered to provide the materials necessary to install one hydrant in each city in the Tulsa area. Tulsa County has agreed to provide the equipment and labor. There will be no cost to the City of Owasso. A suitable location has been identified at 8707E 96th St N and the property owner has given his consent. Oklahoma law provides for an interlocal agreement for work such as this to occur. 5 Owasso City Council December 20, 1994 Mr Ramey moved, seconded by Mr Burns, to approve the proposed interlocal agreement with Tulsa County and authorize the Mayor to execute the document. AYE: Ramey, Bums, Ewing, Barnhouse NAY: None Motion carved 4-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT BETWEEN THE CITY OF OWASSO AND SOUTHWESTERN BELL TELEPHONE FOR THE PURPOSE OF PROVIDING "PLEXAR" TELEPHONE SERVICE TO THE CITY. The City entered into afive-year contract in January 1990 with Southwestern Bell to use their centralized Plexar phone system. This system has provided a substantial savings to the City over utilizing a separate phone line for each number on a non-Plexar system. The initial contract with Southwestern Bell will expire in January 1995. Anew five-year contract has been proposed which will increase the cost of each phone station and decrease the "line facility" charge. The total increase in cost to the City is less than $40 per month. Mr Ewing moved, seconded by Mr Ramey, to approve the proposed Plexar contract with Southwestern Bell and authorize the Mayor to execute the document. AYE: Ewing, Ramey, Barnhouse, Burns NAY: None Motion carried 4-0. ITEM 15: REQUEST THAT CITY COUNCIL MINUTES OF THIS MEETING NOTE CERTAIN INFORMATION RELATING TO THE ENCROACHMENT OF A RESIDENTIAL STRUCTURE UPON A PLATTED UTILITY EASEMENT. It has recently come to the attention of city officials that a residential dwelling in the final stages of construction in the Double Oaks III addition (7913 N 128th E Ave) is partially located over a sanitary sewer. The builder failed to note the easement on the plat submitted for the building permit, and the city inspector failed to note the easement in reviewing the building permit and, subsequently, when making the footing inspection. Mr Burns moved that the notation of this problem be reflected in the minutes of this meeting. Motion seconded by Mr Ewing. AYE: Bums, Ewing, Ramey, Barnhouse NAY: None Motion carried 4-0. 6 Owasso City Council December 20, 1994 ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS CONSTRUCTED BY THE DEVELOPERS OF THE BAILEY RANCH ESTATES SUBDIVISION. All testing has been done on the on-site water and sewer systems and a portion of the off-site sanitary sewer system for Bailey Ranch Estates subdivision. The Department of Environmental Quality has reviewed and approved both the water and sanitary sewer. All required bonds are in place. Mr Ramey moved, seconded by Mr Ewing, to accept the on-site water and sewer systems for Bailey Ranch Estates, and a portion of the off-site sanitary sewer system from Bailey Ranch Estates to the El Rio Vista lift station. AYE: Ramey, Ewing, Barnhouse, Bums NAY: None Motion carried 4-0. ITEM 19: REPORT FROM CITY MANAGER Mr Ray reported that the city offices will be closed Friday, December 23, 1994; Monday, December 26, 1994; and Monday, January 2, 1995 for the Christmas and New Year's holidays per the Policies and Procedures Manual. ITEM 20: REPORT FROM CITY ATTORNEY No report. ITEM 21: REPORTS FROM CITY COUNCILORS No report. ITEM 22: UNFINISHED BUSINESS None ITEM 23: NEW BUSINESS None 7 Owasso City Council December 20, 1994 ITEM 24: ADJOURNMENT Mr Ramey moved, seconded by Mr Bums to adjourn. AYE: Ramey, Bums, Ewing, Barnhouse NAY: None Motion carried 4-0 and the meeting was adjourned at 8:55 p.m. Je D e, Mayor Marci Boutwell, City Clerk 8