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HomeMy WebLinkAbout1995.10.03_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, OCTOBER 3, 1995 The Owasso City Council met in regular session on Tuesday, October 3, 1995 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 29, 1995. ITEM 1: CALL TO ORDER Mayor Burris called the meeting to order at 7:37 p.m. ITEM 2: INVOCATION The invocation was given during the OPWA meeting preceding this meeting. ITEM 3: FLAG SALUTE The flag salute was held during the OPWA meeting preceding this meeting. ITEM 4: ROLL CALL PRESENT ABSENT Charles Burris, Mayor Danny Ewing, Vice Mayor Mary Lou Barnhouse, Councilor Joe Ramey, Councilor Michael Helm, Councilor STAFF Rodney J Ray, City Manager Marcia Boutwell, City Clerk Ronald D Cates, City Attorney A quorum was declared present. ITEM 5: READING OF MAYOR'S PROCLAMATIONS. Mayor Burris presented a proclamation to Mr Tim Rich, owner of Owasso McDonald's, proclaiming that business as Business of the Quarter for the Fourth Quarter of 1995. He also presented a proclamation to the Owasso Business and Professional Women's Club proclaiming October 15-21 as National Business and Professional Women's Week in the City of Owasso. Owasso City Council October 3, 1995 ITEM 6: REQUEST APPROVAL OF THE MINUTES OF SEPTEMBER 19. 1995 REGULAR MEETING AND SEPTEMBER 28. 1995 SPECIAL MEETING Mr Helm moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. AYE: Helm, Barnhouse, Ramey, Ewing, Burris NAY: None Motion carried 5-0. ITEM 7: REQUEST APPROVAL OF THE CLAIMS. Mr Ramey moved, seconded by Mr Ewing, that the following claims be approved: (1) General Fund $28,385.48; (2) Ambulance Service Fund $1,280.43; (3) E-911$1,844.19; (4) City Garage $2,671.40; (5) Capital Projects Grant $2,341.99; (6) Interfund Transfers $25,887.50; (7) General Fund Payroll $105,418.60; (8) City Garage Payroll $1,982.24. AYE: Ramey, Ewing, Helm, Barnhouse, Burris NAY: None Motion carried 5-0. Mayor Burris recessed the meeting at 7:47 p.m. and reconvened at 7:58 p.m. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-95-OS A REQUEST TO REZONE A 356 ACRE TRACT OF LAND FROM AG (AGRICULTURE) TO CS (COMMERCIAL SHOPPING CENTER), OL (OFFICE LIGHT), RD (RESIDENTIAL DUPLEXI, RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY), RS-2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY), AND RE (RESIDENTIAL ESTATES, , SUCH PROPERTY LOCATED EAST OF NORTH 129TH EAST AVENUE. SOUTH OF EAST 86TH STREET NORTH. WEST OF NORTH 145TH EAST AVENUE. AND NORTH OF EAST 76TH STREET NORTH. This is an item that was originally scheduled for hearing on June 21, 1995, and was postponed on that occasion and two subsequent occasions. Kaiser-Francis Oil Company has requested rezoning a 344 acre tract from AG to CS, OL, RD, RS-3, RS-2, and RE. The portion of the tract that originally contained a request for RM-1 zoning has been removed from this request. Mr Charles Norman presented the request on behalf of the applicant. A large group of citizens was in attendance, many to protest the proposed duplex zoning. The area to be zoned for 2 Owasso City Council October 3, 1995 duplexes is located directly south of a 16-acre tract located at the southeast corner of 129th E Ave and 86th St N. The duplexes would act as a buffer between the commercial zoning and the residential zoning to the south and east. Citizens speaking against the duplex zoning were Mike Anderson, Sid Eckerd, Linda Younger, Glenda Payne, Sue Higbee-Olsen, and Claire McKinley. They were basically protesting multi-family housing being placed close to schools. They were concerned about increased traffic and the safety of their children. Two citizens, Dale Prevett and Steve Compton, spoke in favor of the proposed zoning, citing the need for duplex housing in Owasso and compatibility with the city's comprehensive plan. City Planner Tim Rooney outlined the staff recommendations. Following discussion and rebuttal statements from citizens and the applicant, Mr Ramey moved to approve the rezoning request from Kaiser-Francis Oil Company to rezone the subject property from AG to CS on Tract A, OL on Tracts C & G, RD on Tract D, RS-3 on Tract E, RS-2 on Tract F, and RE on Tract I. Motion seconded by Ms Barnhouse. AYE: Ramey, Barnhouse, Helm, Ewing, Burris NAY: None Motion carried 5-0. Mayor Burris recessed the meeting at 9:25 p.m. and reconvened at 9:35 p.m. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A R~UEST FOR THE CITY COUNCIL TO ESTABLISH A STREET REPAIR PRIORITY SCHEDULE FOR PROJECTS FUNDED THROUGH THE 1995-96 CAPITAL IMPROVEMENTS PLAN. The Public Works Department staff has compiled information pertaining to needed street repairs in response to the establishment of funding in the FY95-96 Capital Improvements budget. Mr Carr presented a summary of the projects evaluated. The following projects were recommended as priority projects: Street Overlay Projects -Dogwood St (19th St to 20th Ct), 76th St & Atlanta Intersection, 107th E Ave & 96th Pl, 10800E 99th St N, 121st Ct (South of 90th St N), 125th E Ave (82nd St to 83rd St), and 81st St (Owasso Expy to end); Miscellaneous Repairs - 8208 N 128th E Ave, 10703E 97th Pl, 2202 N Dogwood, 10707E 99th Pl, 121st E Ave & 89th St Intersection, 90th St & 121st E Ave Intersection, 108E 21st St, 9911E 107th St, 11809 E 80th Pl, 320 N Dogwood, and 10703E 98th St. Mr Helm moved, seconded by Mr Ramey, to authorize staff to proceed with the street repair project as outlined and recommended by staff. AYE: Helm, Ramey, Barnhouse, Ewing, Burris NAY: None Motion carried 5-0. 3 Owasso City Council October 3, 1995 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR SETTLEMENT OF A LAWSUIT BETWEEN THE CITY OF OWASSO AND SAFETY NATIONAL CASUALTY CORPORATION, AND AUTHORIZATION FOR PAYMENT OF SUCH SETTLEMENT. Safety National Casualty Corporation provided excess workers compensation coverage for the City of Owasso beginning July 1, 1991. That annual premium was $27,400. The City of Owasso was notified that there would be no significant change to the premium for 1992-93, however, when the premium notice was receive it was for $41,100. At that time the City solicited quotes from other providers for excess workers compensation coverage. The contract with Safety National was terminated on October 26, 1992, but no premium was paid them after July 1, 1992. Safety National sued to recover premiums in the amount of $17,621 for the four month period and $10,757 due from "audited payroll", plus legal fees. A tentative settlement agreement was reached on August 31, 1995 in the amount of $16,000 for a dismissal with prejudice and a full release of the City of Owasso, as well as past, present and future officials, officers and agents. Mr Ewing moved, seconded by Mr Helm, to approve a payment in the amount of $16,000 to Safety National Casualty Corporation to satisfy Case No CJ 94 02809, and that a release of liability be obtained by the City Attorney in exchange for such settlement. AYE: Ewing, Helm, Barnhouse, Ramey, Burris NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A BUDGET AMENDMENT TO THE WORKERS COMPENSATION SELF INSURANCE FUND. Approval of the payment to Safety National Casualty Corporation requires a budget amendment to increase expenses in the amount of the settlement. Mr Ramey moved, seconded by Mr Helm, to approve a Workers Compensation Self Insurance Fund budget amendment to increase expenses by $16,000. AYE: Ramey, Helm, Barnhouse, Ewing, Burris NAY: None Motion carried 5-0. 4 Owasso City Council October 3, 1995 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #95-11. A RESOLUTION AUTHORIZING DIRECT DEPOSIT OF MONTHLY RETIREMENT BENEFITS BY THE PLAN ADMINISTRATOR OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND. The OMRF recently approved allowing a retiree to request that their monthly pension benefit be directly deposited into their bank account. Before the City of Owasso can offer this benefit to retirees, the City Council must ratify the process by resolution, and approve the plan authorization for direct deposit. Mr Helm moved, seconded by Mr Ramey, to approve Resolution #95-11, authorizing direct deposit of monthly retirement benefits. AYE: Helm, Ramey, Barnhouse, Ewing, Burris NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A R~UEST FOR AN AMENDMENT TO THE FY 1995-96 CAPITAL PROJECTS GRANT FUND (PREVIOUSLY REFERRED TO AS THE COMMUNITY DEVELOPMENT BLOCK GRANT). Since the approval of the fiscal year budget, two additional grants have been approved for capital improvement projects. Those grants need to be added to both income and expenditures in the budget. In addition, all grants will be included in a single fund entitled "Capital Projects Grant Fund" . Mr Helm moved, seconded by Mr Ewing, to approve a supplemental budget amendment to the Capital Projects Grant Fund for revenues and expenditures of $525,239. AYE: Helm, Ewing, Barnhouse, Ramey, Burris NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN AMENDMENT TO THE GENERAL FUND BUDGET WHEREIN REVENUES AND EXPENDITURES RELATING TO A HIGHWAY SAFETY GRANT WILL BE REDUCED. The FY 1995-96 General Fund budget included an anticipated Highway Safety Grant to fund a community service officer in the Police Department. The Highway Traffic Safety Department has withdrawn funding for that program, and the anticipated revenues and expenditures in the amount of $35,229 need to be eliminated from the City's budget. Ms Barnhouse moved, 5 Owasso City Council October 3, 1995 seconded by Mr Helm, to approve an amendment to the General Fund budget reducing grant revenues by $35,229 and reducing the Police Department expenditures by $35,229. AYE: Barnhouse, Helm, Ramey, Ewing, Burris NAY: None Motion carried 5-0. ITEM 15: REPORT FROM CITY MANAGER Mr Ray reported that Governor Keating has appointed Mayor Burris to the Police Pension Board. He also said that Mr Burris and Mr Ewing have been working with other Tulsa County mayors in setting up the Criminal Justice Authority. ITEM 16: REPORT FROM CITY ATTORNEY No report. ITEM 17: REPORTS FROM CITY COUNCILORS No report. ITEM 18: UNFINISHED BUSINESS None. ITEM 19: NEW BUSINESS None. ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RE VEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B~(1Z Staff recommended Council action to retire into executive session for the purpose of discussing personnel matters relating to the office of the City Manager. Mr Ramey moved, seconded by Mr Helm, to retire to executive session for the stated purpose. 6 Owasso City Council AYE: Ramey, Helm, Barnhouse, Ewing, Burris NAY: None Motion carried 5-0, and the Council retired to executive session at 9:50 p.m. Ms Barnhouse out at 9:50 p.m. Meeting reconvened at 10:10 p.m. October 3, 1995 ITEM 21: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT FOR SERVICES BETWEEN THE CITY OF OWASSO AND RODNEY J RAY. Mr Helm moved, seconded by Mr Ramey, to approve an employment agreement with City Manager Rodney J Ray as discussed under the previous agenda item, such agreement to terminate on June 30, 1996. AYE: Helm, Ramey, Ewing, Burris NAY: None Motion carried 4-0. ITEM 22: ADJOURNMENT 1VIs Ramey moved, seconded by Mr Ewing, to adjourn. AYE: Ramey, Ewing, Helm, Burris NAY: None Motion carried 4-0 and the meeting was adjourned at 10:12 p.m. ~• Ch es L Burris, Mayor Mar ' Boutwell, City Clerk 7