HomeMy WebLinkAbout2001.12.18_City Council Minutes
OW ASSO CITY COUNCIL
AMENDMENT TO MINUTES OF REGULAR MEETING
Tuesday, December 18,2001
The Owasso City Council met in regular session on Tuesday, December 18,2001 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 14, 2001. The
following item, omitted through a scrivener's error, amends the previously approved minutes:
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
AWARD OF A BID FOR A SERVICE TRUCK FOR THE STREET
DEP ARTMENT.
Mr Roberts said that the 2001-02 Capital Outlay budget includes funds for the purchase of a 1-
ton service truck for Streets Division. This vehicle was budgeted in FY 2000-2001, but was not
purchased, and the funds were carried over to the current fiscal year. The service truck was bid
in September, with only Classic Chevrolet bidding on the vehicle. The bid met all the
specifications and was within the budgeted amount. Mr Williams moved, seconded by Mr
Brogdon, to approve the purchase of a 2002 Chevrolet Silverado C3500 service truck for the
Street Division from Classic Chevrolet, Owasso, OK in the amount of $32,891.46; and
authorization for payment.
AYE: Williams, Brogdon, Helm, Armstrong, Barnhouse
NAY: None
Motion carried 5-0.
Rr)f:Jt, tw- ~
Mary Lo Barnhouse, Mayor
OW ASSO CITY COUNCIL
AMENDMENT TO MINUTES OF REGULAR MEETING
Tuesday, December 18,2001
The Owasso City Council met in regular session on Tuesday, December 18,2001 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 14, 2001. The
following item, omitted through a scrivener's enor, amends the previously approved minutes:
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
A WARD OF A BID FOR A SERVICE TRUCK FOR THE STREET
DEP ARTMENT.
Mr Roberts said that the 2001-02 Capital Outlay budget includes funds for the purchase of a 1-
ton service truck for Streets Division. This vehicle was budgeted in FY 2000-2001, but was not
purchased, and the funds were carried over to the cunent fiscal year. The service truck was bid
in September, with only Classic Chevrolet bidding on the vehicle. The bid met all the
specifications and was within the budgeted amount. Mr Williams moved, seconded by Mr
Brogdon, to approve the purchase of a 2002 Chevrolet Silverado C3500 service truck for the
Street Division from Classic Chevrolet, Owasso, OK in the amount of $32,891.46; and
authorization for payment.
AYE: Williams, Brogdon, Helm, Armstrong, Barnhouse
NAY: None
Motion canied 5-0.
m~<t~~
Mary Lo Barnhouse, Mayor
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, December 18, 2001
The Owasso City Council met in regular session on Tuesday, December 18, 2001 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 14, 2001.
ITEM 1: CALL TO ORDER
Mayor Barnhouse called the meeting to order at 6:46 p.m.
ITEM 2: FLAG SALUTE
The flag salute was held during the OPW A meeting preceding this meeting.
ITEM 3: ROLL CALL
PRESENT
Mary Lou Bamhouse, Mayor - 16/1
Randy Brogdon, Vice Mayor - 17/0
Will Williams, Councilor - 16/1
Rebecca Almstrong, Councilor - 16/1
Michael Helm, Councilor - 17/0
ABSENT
STAFF
Timothy Rooney, Acting City Manager
Ronald D Cates, City Attorney
Marcia Boutwell, City Clerk
A quorum was declared present.
ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPROV AL OF THE CONSENT AGENDA.
A. Approval of Minutes of the November 30, 2001 Special Meeting, December 4,
2001 Regular Meeting, December 4, 2001 Special Meeting, and December 11,
2001 Special Meeting.
B. Approval of Claims.
C. Action Relating to Acceptance of the Water and Sanitary Sewer Systems
Constructed to Serve Sawgrass Park at Bailey Ranch.
D. Action Relating to Acceptance of the Sanitary Sewer System Constructed to
Serve Country Estates V
Owasso City Council
December 18,2001
E. Action Relating to Acceptance of the Sanitary Sewer System Constructed to
Serve Preston Lakes II.
The consent agenda included minutes of the November 30, 2001 Special Meeting, December 4,
200l Regular Meeting, December 4, 2001 Special Meeting, and December 11, 2001 Special
Meeting, by reference made a part hereto. Item B on the consent agenda included the following
claims: (1) General Fund $115,419.69; (2) Ambulance Fund $2,158.20; (3) E-911 $6,311.15;
(4) Capital Improvements $1,500.00; (5) Capital Projects $725.16; (6) Bond Projects $9,792.72;
(7) City Garage $12,973.45; (8) Workers' Comp Self Insurance $875.90; (9) Collision Self-
Insurance $1,200.00; (10) Payroll $212,736.92; (11) City Garage Payroll $5,233.09;
(12) Ambulance Payroll $13,114.27; (13) E-911 Payroll $1,146.28; (14) Worker's Comp Payroll
$1,927/7 4. Item C requested acceptance of the water and sanitary sewer systems constructed to
serve Sawgrass Park at Bailey Ranch. Item D requested acceptance of the sanitary sewer system
constructed to serve Country Estates V. Item E requested acceptance of the sanitary sewer
system constmcted to serve Preston Lakes 11. Mr Brogdon moved, seconded by Mr Williams, to
approve the consent agenda.
AYE: Brogdon, Williams, Helm, Annstrong, Barnhouse
NA Y: Motion carried.
Motion carried 5-0.
ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND BUDGET,
MANAGERIAL DEPARTMENT, PERSONAL SERVICES, INCREASING SAME
IN THE AMOUNT NECESSARY TO FUND AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OW ASSO, OKLAHOMA AND RODNEY J RAY.
Ms Bishop presented the item. Funding for the employment agreement with the City Manager
will necessitate a budget supplement for the full contract amount. Even though the one-year
employment agreement and actual payments will occur during two different fiscal years, funding
for the contract must be included in the budget. The total cost of all salary and benefits included
in the proposed employment agreement is $110,600. Mr Helm moved, seconded by
Mr Brogdon, to approve a supplemental appropriation to the General Fund, Managerial
Department Budget in the amount of $110,600 for the purpose of funding an employment
agreement with the City Manager.
AYE: Helm, Brogdon, Armstrong, Williams, Barnhouse
NAY: None
Motion carried 5-0.
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Owasso City Council
December 18, 2001
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN
AGREEMENT BETWEEN THE CITY OF OW ASSO AND RODNEY J RAY,
SUCH AGREEMENT RELATING TO THE POSITION OF CITY MANAGER
FOR THE CITY OF OW ASSO AND MR RAY'S APPOINTMENT THERETO;
AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT.
Mayor Barnhouse requested approval of the above-referenced employment agreement as
provided to the City Council for consideration. Mr Helm moved, seconded by Mr Brogdon, to
approve an employment agreement contractually setting forth the appointment of Rodney J Ray
as City Manager for the City of Owasso, establishing salary and benefits, and the term of that
appointment.
AYE: Helm, Brogdon, Williams, Barnhouse
NAY: Armstrong
Motion carried 4-1.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE
ORDER #5, A CHANGE ORDER TO CONTRACTS BETWEEN THE CITY OF
OW ASSO AND VARIOUS CONTRACTORS FOR THE CITY HALL/POLICE
STATION PROJECT, ALL AS SPECIFICALLY SET FORTH IN THE
ACCOMPANYING MEMORANDUM.
Mr Rooney presented the item. Resolution #2000-10, approved by the City Council on
September 19, 2000, authorized Work Change Directives up to $25,000 total for the above-
referenced project. Cowen Construction has submitted a complete list of Work Change
Directives approved by former City Manager, LaITY Mitchell, as well as back charges to and
from subcontractors and the City of Owasso. Brazeal Masonry has also submitted a request for a
Change Order, resulting from changing the materials for the loading dock and ramp from
concrete stemwall to split faced block. The total amount of this request is $33,348. Mr Brogdon
moved, seconded by Mr Helm, to approve Change Order #5, adding $33,348 to the cost of the
project, generated by backcharges to and from contractors and the City of Owasso, and changes
in materials used in the loading dock and ramp.
AYE: Brogdon, Helm, Williams, Barnhouse
NAY: Armstrong
Motion caITied 4-1.
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Owasso City Council
December 18,2001
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
SUPPLEMENTAL APPROPRIATION TO THE AMBULANCE CAPITAL FUND
BUDGET.
Ms Bishop presented the item. The Ambulance Capital Fund includes $150,000 for the purchase
of an ambulance. The recommendation to be presented to the Council under the next item is for
the purchase of an ambulance for approximately $160,000. A budget supplement of $10,000 is
needed before that contract for purchase is approved. A vailable unappropriated funds in the
Ambulance Capital Fund are sufficient to increase the expenditures by $10,000. Mr Helm
moved, seconded by Mr Williams, to approve a supplemental appropriation to the Ambulance
Capital Fund budget, increasing expenses by $10,000 for the purpose of providing sufficient
funds for the purchase of an ambulance.
AYE: Helm, Williams, Armstrong, Brogdon, Barnhouse
NA Y: None
Motion carried 5-0.
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
AWARD OF A BID FOR A NEW AMBULANCE.
Chief Allen said that the City of Owasso has a policy that insures that the citizens will always
have an ambulance in good repair and ready to respond. On October 23,2001, sealed bids were
opened for the purchase of one new advanced life support ambulance. Bids were received on
seven vehicles and have been reviewed by the fire department staff. All bids did not meet the
specifications, and the lowest and best bid was submitted by Excellence Inc. Mr Brogdon
moved, seconded by Mr Williams, to award the bid for the purchase of one new Excellence
Golden Eagle Type I EHD Ambulance to Excellence Inc, Madison, AL, in the amount of
$159,899.77, and authorize payment.
AYE: Brogdon, Williams, Helm, Anl1strong, Barnhouse
NAY: None
Motion canied 5-0.
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CITY
COUNCIL APPROVAL OF PARTICIPATION IN AN OKLAHOMA
DEPARTMENT OF TRANSPORTATION ROADWAY ENHANCEMENT GRANT
PROGRAM.
Mr Ewing presented the item. The Intern10dal Surface Transportation Efficiency Act (IS TEA) of
1991 provides funding through a 10% set-aside of the Surface Transportation Program for
projects such as development of bicycle and pedestrian facilities, scenic beautification, historic
preservation, and mitigation of water pollution resulting from highway runoff. These funds are
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Owasso City Council
December 18, 2001
allocated every two years, and funding for fiscal years 2003 and 2004 projects is cUlTently under
consideration. Proposals are now being solicited, with awards anticipated in the Spring of 2002.
The Owasso Economic Development Authority has adopted a resolution suppOliing participation
of the City of Owasso in this program. Items to be included would be two Gateway Monuments
- one at the northwest comer of 76th St N & Highway 169 and the other at the southwest comer
of 76th St N & the SK&O Railroad. The third item would be an extension of the decorative
fencing on the west side of Highway 169 south to the Owasso corporate limits. The total proj ect
cost is expected to be approximately $303,000, with the City's share $61,000. The City's share
can be a combination of direct funding and in-kind services. Councilor Annstrong asked if there
had been any citizen input regarding this project. Mr Ewing said that the Gateway Monuments
were identified in the Downtown Redevelopment Plan recently adopted by the City Council, and
there were citizen meetings held prior to the adoption of that Plan. Mr Brogdon moved,
seconded by Mr Helm, to approve City participation in the Oklahoma Department of
Transportation Roadway Enhancement Program, and authorization for the Mayor to execute the
Application for Enhancement funds.
AYE: Brogdon, Helm, Williams, Barnhouse
NAY: Am1strong
Motion carried 4-1.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE
#693 AMENDED, MODIFYING THE ZONING SPECIFIED IN ORDINANCE
#693.
Mr Ewing presented the item. The City recently am1exed a 3.94 acre parcel of land located on
the east side of Highway 169, north of E 96th St N. The applicant had requested that the
annexation carry over the CG (Commercial General) zoning previously approved by Tulsa
County. The Owasso Zoning Code provides that properties annexed may retain their Tulsa
County zoning. Due to an oversight, the property was zoned AG (Agriculture) when it was
annexed. The applicant has requested that the annexation ordinance be amended to change the
zoning back to CG. Because the Council had questions conceming the zoning that were
unanswered, Ms Annstrong moved, seconded by Mr Brogdon, to table this item to the next
regular City Council meeting (January 8, 2002).
AYE: Arn1strong, Brogdon, Williams, Helm, Barnhouse
NAY: None
Motion calTied 5-0.
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Owasso City Counci 1
December 18, 2001
ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #693
AMENDED.
Because no action was taken on the previous item, it was UlIDecessary to take action on this item.
ITEM 14: REPORT FROM CITY MANAGER
No repOli.
ITEM 15: REPORT FROM CITY ATTORNEY.
No report.
ITEM 16: REPORT FROM CITY COUNCILORS.
No report.
ITEM 17: NEW BUSINESS.
None.
ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PENDING LITIGATION, GRIEVANCES, AND TORT CLAIMS AGAINST THE
CITY OF OW ASSO, OKLAHOMA AS WELL AS OFFICIALS AND OFFICERS
THEREOF, SUCH BEING:
A. FOP Lodge 149 and H Burl Cox v The City of Owasso, a Municipal Corporation,
and Lan)! Mitchell, City Manager, Case No CJ-2001-00379, Tulsa County
District Court;
B. City of Owasso, Oklahoma v FOP Lodge 149, Case No CJ-2001-0389, Tulsa
County District Court;
C. City of Owasso, Oklahoma v FOP Lodge 149, Case No CJ 2001-01986, Tulsa
County District COUli;
D. FOP Lodge 149 and Michael Denton v City of Owasso, Oklahoma, a Municipal
Corporation, and Larry Mitchell, City Manager, Case No CJ-2001-02094, Tulsa
County District Court;
E. H Burl Cox v City of Owasso, City Council of Owasso, Oklahoma State Fraternal
Order of Police, Owasso Lodge 149, Owasso City Officials, Owasso Police
Department, The City of Owasso, ex reI, Case No CJ-2000-4474, Tulsa County
District Court;
F. Notice of Tort Claim - H Burl Cox, Claimant v City of Owasso, Oklahoma and
Mayor, Mary Lou Barnhouse;
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Owasso City Council
December 18,2001
G. FOP Lodge No 149 and H Burl Cox and Michael Denton, FMCS Case Number
010424-09678-8 ;
H. Notice of Tort Claim - Michael Denton, Claimant v City of Owasso, Oklahoma
and Ronald Cates;
I. Notice of Tort Claim - Michael Denton, Claimant v City of Owasso, Oklahoma
and Larry Mitchell,
Such Discussions Allowed Pursuant to 25 OS, Section 307-B(4);
Ms Armstrong moved, seconded by Mr Helm, to enter into executive session for the purpose
stated.
AYE: Armstrong, Helm, Williams, Brogdon, Barnhouse
NAY: None
Motion canied 5-0, and the Council entered into executive session at 7: 15 p.m. Out of executive
session and the Mayor reconvened the regular meeting aat 7:55 p.m.
ITEM 19: CONSIDERATION AND APPROPRIATE ACTION TO BE TAKEN ON ANY OR
ALL OF THE LISTED ITEMS AS A RESULT OF THE FOREGOING
EXECUTIVE SESSION.
Mr Brogdon moved, seconded by Mr Helm, to reject the last settlement offer of Mr Cox and
Mr Denton.
AYE: Brogdon, Helm, Williams, Barnhouse
NAY: Armstrong
Motion carried 4-1.
ITEM 20: ADJOURNMENT
Mr Helm moved, seconded by Mr Brogdon, to adjourn.
AYE: Helm, Brogdon, Williams, Arn1strong, Barnhouse
NAY: None
Motion canied 5-0, and the meeting was adjoumed at 7:56 p.m.
A
Mary ou Barnhouse, Mayor
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November 17, 200l
The truth, the whole truth, and nothing but the truth, so help me God. I have heard that phrase all of my
life, but now it has special meaning to me. The significance is, 1 made an extremely difficult decision based on
Nhat I now know to be less than the "whole truth". My decision as a council member to uphold the fIring of
two police officers was based on partial and inaccurate information. The lack of information led me into making
what I now believe to be a wrong decision. Unfortunately, even as I write this, the city council has yet been
provided with both sides of the story. I have personally been given vital information within the last few weeks
that has caused me to reverse my decision in supporting the fIring of the officers.
Let me explain the change of my position. I had been on the council for only a short time when this
police situation was brought before the council in an executive session. I had every reason to believe that the
information given to us was accurate and complete.
We were told:
@ Mr. Cox abused a prisoner by "beating", "dragging" and "pepper spraying" him.
\9 Mr. Denton covered up the action by stealing the videotape or at least by not protecting it as evidence.
\9 The use of pepper spray in the situation was a direct violation of city policy.
@ The use of pepper spray on a handcuffed prisoner was an abuse of power.
@ These actions were a breach of their training.
\9 Our officers are trained to a "higher standard"
Based on this information I, along with the other councilors made the decision to uphold the firing of the two
officers and the subsequent appeals. The city lost twice in the arbitration hearings, and in district court.
Here is what I now know to be the truth according to written testimony:
\9 The "beating" was two blows to the stomach after the prisoner kicked Mr. Cox.
@ The videotape had no peliinent information
\9 The use ofOC spray was not a violation of policy.
\9 Using OC spray on a handcuffed prisoner is permissible.
@ The officers were responding to their training.
@ The officers are trained by the CLEET standard, not a "higher standard".
@ The Owasso Police Department has a certified CLEET trainer on staff.
Even though I still may not have all of the facts, I have a clearer picture of both sides of the story. The reversal
of my decision is simple; it is based on right and wrong. 1 can only wish that 1 had been given all the pertinent
information concerning this case a year and a half ago. Mr. Denton said is his letter to the editor, "I hope
citizens confronted by crime and needing help would rather call a trained cop instead of Larry Mitchell or
Randy Brogdon or the city council". I must agree!
There is much that I could say about the personal disappointment 1 feel, for being inadvertently involved
in so adversely affecting two of my fellow citizens. Please accept my support.
Respectfully,
Randy Brogdon
Vice Mayor