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HomeMy WebLinkAbout2002.11.19_City Council Minutes OW ASSO CITY COUNCIL MINuTES OF REGULAR MEETING Tuesday, November 19, 2002 The Owasso City Council met in regular session on Tuesday, November 19, 2002 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, November 15, 2002. ITEM 1: CALL TO ORDER Mayor Helm called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION The invocation was offered by Pastor Page Cole, Family Minister at First Baptist Church. ITEM 3: FLAG SALUTE City Manager Rodney Ray led in the flag salute. ITEM 4: ROLL CALL PRESENT Michael Helm, Mayor - 15/0 Gary Cochran, Councilor - 15/0 Rebecca Armstrong, Councilor, 12/3 Susan Kimball, Councilor - 15/0 ABSENT STAFF Rodney J. Ray, City Manager Marcia Boutwell, City Clerk Stephen P. Gray, City Attorney A quonlm was declared present. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RESIGNATION BY THE WARD 1 COUNCILOR. Mayor Helm read a letter of resignation from Ward 1 Councilor Randy Brogdon, in which he resigned as Mayor and as a councilor effective at 5: 19 p.m. on Monday, November 18, 2002. Ms. Kimball moved, seconded by Ms. Armstrong, to accept Councilor Brogdon's resignation, to declare that a vacancy exists in the Ward 1 council seat, and to direct the staff to initiate the adopted process to fill the position by appointment. AYE: Kimball, Armstrong, Cochran, Helm NAY: None Motion canied 4-0. Owasso City Council November 19,2002 ITEM 6: ELECTION OF MAYOR Mayor Helm called for nominations for Mayor. Mr. Cochran nominated Mr. Helm for Mayor, seconded by Ms Armstrong. AYE: Cochran, Armstrong, Kimball, Helm NAY: None Motion carried 4-0 and Mr. Helm was elected Mayor. ITEM 7: ELECTION OF VICE MAYOR The Mayor called for nominations for Vice Mayor. Ms. Kimball nominated Mr. Cochran for Vice Mayor, seconded by Mayor Helm. AYE: Kimball, Helm, Cochran NAY: Annstrong Motion carried 3-1 and Mr. Cochran was elected Vice Mayor. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of Minutes of the November 5, 2002 Regular Meeting and the November 12, 2002 Special Meeting. B. Approval of Claims. C. Action Relating to Ordinance #724, an Ordinance Providing for an Amendment to the OMRF Thrift Plan to Define Base Wages. D. Action Relating to a Request for Deferred Retirement. The consent agenda included minutes of the November 5, 2002 regular meeting and the November 12, 2002 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $167,507.18; (2) Ambulance Service Fund $1,755.96; (3) E.,911 Fund $2,064.49; (4) Capital Improvements Fund $7,604.40; (5) City Garage Fund $6,926.17; (6) Workers Comp Fund $30,744.46; (7) Collision Self-Insurance $1,517.44; (8) Capital Projects Grants $$373.38; (9) Payroll $227,179.75; (10) City Garage Payroll $4,284.38; (11) Ambulance Payroll $9,832,50; (12) E-911 Payroll $2,673.15; (13) Workers Comp Payroll $1,553.92. Item C requested approval of Ordinance #724, modifying the definition of compensation in the OMRF Master Defined Contribution Plan Joinder Agreement. Item D requested approval of deferred retirement for two employees who were fully vested in the retirement program and who left city employment prior to reaching age 65. Mr. Cochran moved, seconded by Ms. Kimball, to approve the consent agenda. - 2,. Owasso City Council November 19, 2002 AYE: Cochran, Kimball, Armstrong, Helm NAY: None Motion calTied 4-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RENEWAL OF LIABILITY INSURANCE. Ms. Dempster presented the item. Quotes were solicited from various insurance calTiers who write property and liability insurance for municipalities. Two carriers, OMAG and Trident declined to quote because of excessive claims over a five-year period. Coregis did not respond to the request for a quote. The City's current carrier, Specialty National submitted a quote to continue the current coverage with an annual premium increase of $68,205. Staff detennined that increasing deductibles would be an effective method in which to manage the increase. Staff, therefore, recommend increasing the deductibles for property damage, wind & hail damage, general liability, law enforcement liability, public officials liability & auto liability, and dropping the coverage for equipment. Since the majority of equipment covered is valued at less than $5000, there is not a great risk in dropping that coverage. The annual premium would be $185,092. Ms. Kimball moved, seconded by Ms. Armstrong, to approve the renewal of the City's insurance contract with Specialty National Insurance at an annual premium amount of $185,092. AYE: Kimball, Almstrong, Cochran, Helm NAY: None Motion calTied 4-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #725, AN ORDINANCE AMENDING PART 1, CHAPTER 2, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, ESTABLISHING WARD BOUNDARIES. Mr. Rooney said that State Statute requires that municipalities review wards and ward boundaries as soon as practical following each federal census. The governing body may then change the boundaries if necessary, so that the wards are fornled of compact and contiguous telTitory and are substantially equal in population. Based on staff review, a determination was made that the ward boundaries should be changed to reflect the changing population density and better distribute the city's population throughout the five wards. Based on a census tract count that was updated as of 2002, the wards as proposed contain the following populations: Ward 1 2063; Ward 2 ~ 3603, Ward 3 - 4011, Ward 4 - 3800, Ward 5 - 5000. The wards containing smaller population numbers are the wards that show a potential for growth. An effort was made to keep neighborhoods within the same ward. Ms. Arnlstrong moved, seconded by Mr. Cochran, to approve Ordinance #725, redefining ward boundaries for the City of Ow as so. - 3 - Owasso City Council November 19, 2002 AYE: Armstrong, Cochran, Kimball, Helm NAY: None Motion carried 4-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #726, AN ORDINANCE PROVIDING FOR THE CLOSING OF A UTILITY EASEMENT LOCATED WITHIN LOTS 7 & 8, BLOCK 1, NICHOLS HEIGHTS ADDITION. Mr. Moore presented the item. Mr. Bob Ary has requested the closing of a utility easement described as the eastern 5' utility easement of Lot 8, Block 1, and the western 5' utility easement of Lot 7, Block 1, Nichols Heights Addition. The property is located on the southeast corner of E. 86th St. N. and Main St. Mr. Ary plans to demolish the existing structure and construct a new automotive facility on the property. An existing sanitary sewer line within the easement has been abandoned by the City of Owasso. The Technical Advisory Committee and the Planning Commission have both reviewed the application and both recommended approval. The only requirement from staff is that the applicant provide a copy of the official easement closure document prior to the issuance of building permits. Ms. Armstrong moved, seconded by Ms. Kimball, to approve the requested easement closing and the adoption of Ordinance #726. AYE: Armstrong, Kimball, Cochran, Helm NAY: None Motion carried 4-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A BID FOR EAST 86TH STREET NORTH AND NORTH 145TH EAST AVENUE INTERSECTION IMPROVEMENTS. Mr. Carr said that this is one of the projects included in the 1998 bond issue and involves the widening and signalization of the intersection at E. 86th St. N. and N. 145th East Ave. The project was advertised in October, and three bids were received and opened on November 11, 2002. The apparent low base bid was submitted by Becco Contractors Inc, Tulsa, OK. Add alternates for eliminating the lift station at Hodson Elementary School and temporary paving that will enable keeping 86th St. open during all phases of the construction, have been added to the project total. Sufficient budget remains to include all lanes on the northeast corner of the intersection, so the deductive alternate was not included in the project total. Ms. Kimball moved, seconded by Mr. Cochran, to award the bid for intersection improvements at E. 86th St. N. & N. 145th East Ave. to Becco Construction Inc, Tulsa, OK, in the amount of $757,046.10, which includes the base bid and add alternates 1 & 3. AYE: Kimball, Cochran, Helm NAY: Armstrong Motion carried 3-1. - 4 - Owasso City Council November 19, 2002 Councilor Armstrong stated that she is not against the proj ect, but against the time frame in which it will be occurring. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #727, AN ORDINANCE AMENDING PART 17 UTILITIES, CHAPTER 2 GARBAGE AND REFUSE COLLECTIONS, ARTICLE B, SECTION 17-203B PERMIT APPLICATION REQUIREMENTS, ISSUANCE, DENIAL, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA. Mr. Ray said that on April 4, 200, the City Council adopted Ordinance #638 for the purpose of establishing a commercial waste collection permit, and applicable fees for that permit. American Waste Control, one of the permit holders, has filed a lawsuit against the City, claiming that the ordinance is illegal and void because of a law that prohibits the imposition of a licenses tax on waste collection. The lawsuit also claims that the ordinance exceeds the City's authority to prohibit use of city streets, because it prohibits the transport of any trash on any city street unless the transporter has a city permit. City Attorney Stephen Gray has reviewed the case, met with the attorneys for American Waste Control and appeared before the judge to request time for a possible negotiated settlement. Based on that review and the discussions, it is proposed that the City Council repeal the fee required by Ordinance #638. Ms. Kimball moved, seconded by Ms. Armstrong, to approve Ordinance #727, repealing the waste collection permit fees required by Ordinance #638. AYE: Kimball, Armstrong, Cochran, Helm NAY: None Motion can-ied 4-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #727. State statutes allow for the attachment of an emergency clause to ordinances in order to protect the interest of the citizens. The emergency clause allows the ordinance to become effective immediately upon passage and publication. Staff believes that the attachment of an emergency clause is critical to the settlement of the pending legal action. Ms. Kimball moved, seconded by Mr. Cochran, to approve the attachment of an emergency clause to Ordinance #727. AYE: Kimball, Cochran, Armstrong, Helm NAY: None Motion carried 4-0. ITEM 15: REPORT FROM CITY MANAGER Mr. Ray introduced Mr. Don Eckoff, representing the office of Representative Brad Carson. Mr. Ray introduced Beth Williams, wife of new employee Chad Williams. He also recognized - 5 - Owasso City Council November 19,2002 Mayor Helm's family. Mr. Ray reported that the City has received a grant from the Cherokee Nation in an amount not to exceed $42,000, in road assistance funds. The grant will be used on the E. 86th St. N. and N. 145th East Ave. intersection project. ITEM 16: REPORT FROM CITY ATTORNEY. No report. ITEM 17: REPORT FROM CITY COUNCILORS. Councilor Kimball reported on the dedication of the Oklahoma Statehouse dome. Mayor Helm thanked City Attorney Steve Gray for taking care of some pending legal matters so quickly after being appointed as city attorney. ITEM 18: NEW BUSINESS. None. ITEM 19: ADJOURNMENT Ms Armstrong moved, seconded by Ms. Kimball, to adjourn. AYE: Armstrong, Kimball, Cochran, Helm NAY: None Motion carried 4-0, and the meeting was adjourned at 6:58 p.m. - 6 -