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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