HomeMy WebLinkAbout1993.01.05_City Council MinutesOWASSO CITY COUNCIL
JANUARY 5, 1993
On Tuesday, January 5, 1993 the Owasso City Council met in a
regular session in the Council Chambers at the Community Center
per the Notice of Public Meeting and Agenda posted on the City
Hall bulletin board at 4:00 p.m. on Wednesday, December 30, 1992.
Addendum to Agenda was posted on the City Hall bulletin board at
5:00 p.m. on Monday, January 4, 1993.
ITEM 1: CALL TO ORDER.
The meeting was called to order at 7:00 p.m. with Mayor Marlar
presiding.
ITEM 2: FLAG SALUTE.
The flag salute was led by Mayor Marlar.
ITEM 3: ROLL CALL.
PRESENT: Patricia K. Marlar, Mayor
Jason Gittelman, Vice Mayor
John Phillips, Councilman
Bob Randolph, Councilman
Rodney J. Ray, City Manager
Ronald D. Cates, City Attorney
Jane Buchanan, City Clerk
ABSENT: James Smalley, Councilman
A quorum was declared present.
ITEM 4: REQUEST APPROVAL OF THE MINUTES FROM THE REGULAR
MEETING ON DECEMBER 15, 1992.
A motion was made by B. Randolph, seconded by J. Phillips, to
approve the minutes, by reference made a part hereto.
AYE: Randolph, Phillips, Gittelman, Marlar
NAY: None
MOTION: Carried 4-0
1
OWASSO CITY COUNCIL JANUARY 5, 1993
ITEM 5: REQUEST FOR APPROVAL OF THE CLAIMS.
A motion was made by J. Gittelman, seconded by J. Phillips, to
approve the following claims and addendum as submitted: (1)
General Fund $40,011.86 (2) Ambulance Service Fund $1,426.96 (3)
City Garage $7,816.70 (4) Workers' Compensation Self-Insurance
Plan $1,172.26 (7) General Fund Payroll $93,404.51 and $76,392.84
(8) Garage Payroll $3,462.68 and $3,041.99.
AYE: Gittelman, Phillips, Randolph, Marlar
NAY: None
MOTION: Carried 4-0
ITEM 6: MAYOR'S PROCLAMATION PROCLAIMING HINKLE AND CASH
OPTOMETRISTS AS THE O.E.D.A. OUTSTANDING BUSINESS
DURING THE FIRST QUARTER OF 1993.
Mayor Marlar invited Dr. David Cash and Dr. Norman Hinkle to join
her as she read the proclamation.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
CONTRACT FOR LEGAL SERVICES BETWEEN THE CITY OF OWASSO
AND THE FIRM OF HALL. ESTILL, HARDWICK, GABLES GOLDEN
AND NELSON FOR THE PURPOSE OF REPRESENTING THE CITY IN
THE MATTER OF THE DOUBLE EAGLE SUPERFUND SITE.
Mr. Ray stated in September, 1991 he informed the Council that
the City had received an inquiry from EPA relating to the Double
Eagle Superfund Site located in the Oklahoma City area. The City
was identified as a potentially responsible party and was
required to respond to the inquiry. The staff determined in 1987
the City did dispose of 544 gallons of waste oil thought this
facility. He continued by stating Mr. Cates has been monitoring
EPA's efforts in this situation. Mr. Cates has been coordinating
information with other city attorneys involved in this inquiry.
The legal counsel for these eighteen municipalities would like to
employ a law firm to represent all involved and negotiate a "de
minimis" offer that holds the action to "be of little
significance" and therefore the settlement offer is usually a
token amount. Such offer is not an admission of guilt, but if
the offer is accepted, the party is not liable for further
damages.
This contract sets an initial fee of $1,000.00 per city
represented. An additional fee would have to be approved by the
Council at a later date.
2
OWASSO CITY COUNCIL
JANUARY 5, 1993
Mr. Cates answered questions of Council and recommended approval
of this contract with Hall, Estill, Hardwick, Gable, Golden, and
Nelson.
After discussion, a motion was made by J. Phillips, seconded by
B. Randolph, to approve the contract with Hall, Estill, Hardwick,
Gable, Golden, and Nelson with an initial fee of $1,000.00 to be
expended to the firm.
AYE: Phillips, Randolph, Gittelman, Marlar
NAY: None
MOTION: Carried 4-0
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
ORDINANCE NO. 454. AN ORDINANCE REZONING A TRACT OF
LAND IN THE EAST ONE-HALF OF SECTION 20, TOWNSHIP 21
NORTH, RANGE 14 EAST, FROM "CS" (COMMERCIAL SHOPPING
CENTER) DISTRICT TO "OPUD-11", GENERALLY LOCATED ON THE
NORTHWEST CORNER OF 86TH STREET NORTH AND 129TH EAST
AVENUE.
Mr. Rooney presented this item to Council stating the Planning
Commission held a Public Hearing on December 17, 1992 on this
matter. They voted 5-0-0 to recommend to the Council that OPUD-
il be approved by the City Council subject to the conditions
identified by staff. He then briefly reviewed the conditions.
After questions and comments by Council, a motion was made by B.
Randolph, seconded by J. Phillips, to table this item until
further information could be obtained from the developer on
requested use restrictions.
AYE: Randolph, Phillips, Gittelman, Marlar
NAY: None
MOTION: Carried 4-0
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
ORDINANCE NO. 455. AN ORDINANCE AMENDING PART 7,
SECTION 7-107 (6) PROVIDING FOR EXCEPTION FROM
COMPETITIVE BIDDING REQUIREMENTS.
Mr. Ray presented this item stating this request is for one
change in the City's purchasing law. This will allow the City to
make purchases from bid lists maintained not only by the State,
but also by any city or county whose population exceeded 50,000.
This will provide Owasso with the purchasing power of larger
entities and give the Council another option to consider when
3
OWASSO CITY COUNCIL JANUARY 5, 1993
reviewing requested purchases. The new language only allows for
the use of prices determined and awarded based on a competitive
bidding process.
He requested the Council approve Ordinance No. 455.
After discussion, a motion was made by J. Phillips, seconded by
J. Gittelman, to approve Ordinance No. 455.
AYE: Phillips, Gittelman, Randolph, Marlar
NAY: None
MOTION: Carried 4-0
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
RESOLUTION NO. 93-01. A RESOLUTION CALLING A NON-
PARTISAN PRIMARY AND GENERAL ELECTION FOR THE PURPOSE
OF ELECTING COUNCILMEMBERS FOR WARD THREE AND WARD
FOUR.
Ms. Buchanan presented this item stating the Charter of the City
of Owasso governs the election process. This Resolution calls
the ward election for the Spring of 1993 for Ward Three currently
represented by Vice Mayor Jason Gittelman and Ward Four currently
represented by Mayor Patricia Marlar and gives notification to
the Tulsa County Election Board of our intent. This year we were
notified that because of our population increase, there will be
an additional precinct within the corporate city limits of
Owasso. Precinct 754 has been divided into two precinct. The
registered voters have been notified of the change and the new
polling place. There will not be a polling location at the
Baptist Retirement Center on 76th Street North for the new
Precinct No. 750. This will have a slight impact on the expense
of an election as there will be additional location rent, if any,
and additional precinct workers salaries. She requested approval
and adoption of Resolution No. 93-O1.
A motion was made by B. Randolph, seconded by P. Marlar, to
approve and adopt Resolution No. 93-01.
AYE: Randolph, Marlar, Phillips, Gittelman
NAY: None
MOTION: Carried 4-0
4
OWASSO CITY COUNCIL
JANUARY 5, 1993
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
URBAN AREA BOUNDARIES AND FUNCTIONAL CLASSIFICATION
SYSTEM AS IT RELATES TO THE CITY OF OWASSO.
Mr. Rooney presented this item to Council stating within large
metropolitan areas, different types of urban areas exist. The
City of Owasso is not included within the Tulsa Metropolitan
Areas's boundaries. This means we are a separate entity for
funding sources as a Small Urban Area. He requested the Council
approve the Urban Area Boundary and Functional Classification
System as presented and authorize the Mayor to execute all such
documentation as required.
After discussion, a motion was made by J. Phillips, seconded by
J. Gittelman, to approve the Urban Area Boundary and Functional
Classification System and authorized the Mayor to execute such
documents.
AYE: Phillips, Gittelman, Randolph, Marlar
NAY: None
MOTION: Carried 4-0
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
PRESENTATION OF INDEPENDENT FINANCIAL AUDIT FOR FY
1991-92 GENERAL FUND AND OTHER FUNDS.
Ms. Bishop introduced Mr. Legener with Stanfield and O'Dell, the
City's auditors. He gave a brief report and responded to
questions of the Council.
Ms. Bishop requested the Council receive the audit and file it
with the State Auditor's office.
Mayor Marlar requested a management response to the auditor's
comments. She directed the item be listed on the agenda for the
first meeting in February for discussion of the responses.
A motion was made by J. Phillips, seconded by J. Gittelman, to
receive the audit and direct it to be filed with the State
Auditor's office.
AYE: Phillips, Gittelman, Marlar, Randolph
NAY: None
MOTION: Carried 4-0
Mayor Marlar called a recess at 7:55 p.m. The meeting reconvened
at 8:07 p.m.
5
OWASSO CITY COUNCIL
JANUARY 5, 1993
A motion was made by B. Randolph, seconded by J. Phillips, to
recess the City Council meeting and go into the Owasso Public
Works Authority meeting during this Council recess and to
reconvene this Council meeting at the conclusion of the Owasso
Public Works Authority meeting since there is an addendum to the
agenda that includes a request for an Executive Session.
AYE: Randolph, Phillips, Gittelman, Marlar
NAY: None
MOTION: Carried 4-0
Meeting recessed at 8:08 p.m. and reconvened at 8:30 p.m.
ITEM 13: REPORT FROM CITY MANAGER.
None
ITEM 14: REPORT FROM CITY ATTORNEY.
None
ITEM 15: UNFINISHED BUSINESS.
None
ITEM 16: NEW BUSINESS.
None
ITEM 17: ADDENDUM TO THE AGENDA......CONSIDERATION AND
APPROPRIATE ACTION RELATING TO A REOUEST FOR AN
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY
CLERK.
Mayor Marlar stated she has received a letter of resignation from
the City Clerk and would like to enter Executive Session to
discuss the duties of the office and an appointment of a City
Clerk.
A motion was made by J. Phillips, seconded by B. Randolph, to
enter into an Executive Session.
6
OWASSO CITY COUNCIL JANUARY 5, 1993
AYE: Phillips, Randolph, Gittelman, Marlar
NAY: None
MOTION: Carried 4-0
The meeting was recessed at 8:31 p.m. for an Executive Session
and reconvened at 8:55 p.m.
ITEM 18: ADDENDUM TO THE AGENDA...CONSIDERATION AND APPROPRIATE
ACTION RELATING TO THE APPOINTMENT AND ASSIGNMENT OF
DUTIES OF THE CITY CLERK.
A motion was made by Mayor Marlar, seconded by J. Gittelman, to
appoint Deputy City Clerk Marcia Boutwell as City Clerk effective
January 15, 1993 until June 30, 1993. These duties will be in
addition to her current duties as Administrative Assistant /
Community Development Department.
AYE: Marlar, Gittelman, Phillips, Randolph
NAY: None
MOTION: Carried 4-0
ITEM 19: ADJOURN.
With there being no further business to be brought before the
Council, Mayor Marlar asked for a motion to adjourn.
A motion was made by J. Phillips, seconded by B. Randolph, to
adjourn.
AYE: Phillips, Randolph, Gittelman, Marlar
NAY: None
MOTION: Carried 4-0
Meeting was adjourned at 8:57 p.m.
__
`~,
~'~ _ -_ ~ . LfC-~~_ ~,~ll L.--
atricia K. Marlar, Mayor
City Clerk
Ilare-a ~3outwe //
7