HomeMy WebLinkAbout2001.11.06_City Council Minutes
OW ASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 6,2001
The Owasso City Council met in regular session on Tuesday, November 6, 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, November 2,2001.
ITEM 1: CALL TO ORDER
Mayor Barnhouse called the meeting to order at 6:51 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 Barnhouse, Mayor
Randy Brogdon, Vice Mayor
Will Williams, Councilor
Rebecca Armstrong, Councilor
Michael Helm, Councilor
ABSENT
STAFF
Larry Mitchell, City Manager
Ronald D Cates, City Attorney
Marcia Boutwell, City Clerk
A quorum was declared present.
ITEM 4: READING OF MAYOR'S PROCLAMATION.
Mayor Barnhouse read a proclamation designating November 11-17, 2001 as Oklahoma Heritage
Week. The proclamation will be forwarded to the Oklahoma Heritage Association.
ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPRO V AL OF THE CONSENT AGENDA.
A. Approval of the Minutes of October 16, 2001 Regular Meeting.
B. Approval of Claims.
C. Action Relating to Ordinance #689, an Ordinance Providing for the Rezoning of
Property Located at the Northeast Comer of East 106th Street North and North
145th East Ave; from AG (Agriculture) to CG (Commercial General) and RS-3
(Residential Single Family High Density), Containing 160 Acres, More or Less.
Owasso City Council
November 6,2001
D. Action Relating to Ordinance #690, an Ordinance Providing for a Planned Unit
Development on Property Located at the Northeast Comer of East 106th Street
North and North 145th East Ave, and Containing a Total of 160 Acres, More or
Less.
E. Action Relating to Ordinance #691, an Ordinance Providing for a Amendment to
a OPUD-15 (Preston Lakes).
F. Action Relating to a Workers' Compensation Settlement and Authorization for
Payment.
The consent agenda included minutes of the October 16, 2001 regular meeting, by reference
made a part hereto. Item B on the consent agenda included the following claims: (1) General
Fund $39,652.82; (2) Ambulance Fund $2,900.99; (3) E-911 $5,130.34; (4) Capital
Improvements $3,443.50; (5) Bond Projects $172,156.48; (6) City Garage $10,042.73;
(7) Workers' Comp Self Insurance $4,933.63; (8) Payroll $180,760.27; (9) City Garage Payroll
$5,002.41; (10) Ambulance Payroll $12,428.02; (11) E-911 Payroll $921.17; (12) Worker's
Comp Payroll $737.52. Item C requested approval of Ordinance #689, based on Council action
on October 16, 2001 to approved the listed rezoning and authorize an ordinance. Item D
requested approval of Ordinance #690, based on Council action on October 16, 2001 to approve
the requested planned unit development and authorize an ordinance. Item E requested approval
of Ordinance #691, based on Council action on October 16, 2001 to approve the requested
planned unit development amendment and authorize an ordinance. Item F requested approval in
the amount of $2364.88 plus associated taxes, fees and costs (total settlement amount of
$2699.52), for a wrist injury claim by Julie Williams, an employee at the golf course, per
workers compensation court order, representing a 10% permanent partial disability to the right
hand, such payments to Ms Williams to be made in an initial lump-sum payment of $1730.40
and bi -weekly payments of $144.20 until the total amount is paid. Mr Brogdon moved, seconded
by Mr Williams, to approve the consent agenda.
AYE: Brogdon Williams, Armstrong, Helm, Barnhouse
NAY: None
Motion carried 5-0.
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Owasso City Council
November 6,2001
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING RESOLUTION
#2001-13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, APPROVING ACTION TAKEN BY THE OWASSO
PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND
DELIVERY OF TWO PROMISSORY NOTES OF THE AUTHORITY TO THE
OKLAHOMA WATER RESOURCES BOARD; RATIFYING A CERTAIN LEASE,
AS AMENDED; AUTHORIZING DOCUMENTS PERTAINING TO A YEAR-TO-
YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING
OTHER PROVISIONS RELATED THERETO.
The item was presented by Mr Allan Brooks, Bond Counsel. Resolution #2001-13 approves
action taken by the OPW A authorizing issuance, sale and delivery of promissory notes of the
Owasso Public Works Authority to the Oklahoma Water Resources Board. The resolution also
ratifies previous lease and revenue pledges between the City and OPW A. Mr Helm moved,
seconded by Mr Williams, to adopt Resolution #2001-13, approving action taken by the OPW A.
AYE: Helm, Williams, Armstrong, Brogdon, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR ANNEXATION OF RIGHT-OF-WAY CONTAINING .72 ACRES,
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EAST 86TH
STREET NORTH AND NORTH 145 TH EAST AVENUE (ROGERS COUNTY).
Ms Sorrells said that the Owasso Public Works Department has requested approval of the
annexation of a portion of right-of-way located at the southeast comer of the intersection of E
86th St Nand N 145th East Ave. This am1exation is required prior to planned improvements of
the intersection. The Owasso Plam1ing Commission has reviewed the request and recommended
approval. Mr Brogdon moved, seconded by Mr Williams, to approve the requested annexation.
AYE: Brogdon, Williams Armstrong, Helm, Barnhouse
NAY: None
Motion carried 5..0.
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Owasso City Council
November 6,2001
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR ANNEXATION OF AN 89.34-ACRE TRACT OF LAND GENERALLY
LOCATED 1/4 MILE SOUTH OF EAST 116TH STREET NORTH AND WEST OF
NORTH l45TH EAST AVENUE.
Ms Sorrells presented the item. Pittman, Poe & Assosciates has submitted a request for
annexation of approximately 89.34 acres located 1/4 mile south of E ll6th St N & N 145th East
Ave. The Owasso Planning Commission reviewed the request at their October 9, 2001 regular
meeting and recommended approval subject to the submittal of a sealed engineering report or
letter confinning the ability of Washington County RWD #3 to provide adequate fire protection
prior to approval of any plat associated with the annexed propeliy. Mr Helm moved, seconded
by Mr Brogdon, to approve the requested annexation.
AYE: Helm, Brogdon, Armstrong, Williams, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RQUEST
FOR ANNEXATION OF A 3.94-ACRE TRACT OF LAND GENERALLY
LOCATED NORTH OF EAST 98TH STREET NORTH AND EAST OF U.S.
HIGHWAY 169.
Ms Sorrells said that Charney and Charney has submitted a petition for annexation of the above-
listed property. The Owasso Planning Commission reviewed the request at their October 9,2001
regular meeting and recommended approval. Mr Brogdon moved, seconded by Mr Williams, to
approve the requested am1exation.
AYE: Brogdon, Williams, Armstrong, Helm, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR CITY COUNCIL APPROVAL OF A REPLAT OF HALE ACRES SECOND
ADDITION.
Ms Sorrells presented the item. David Vines has requested a re-plat for Lots 13 & 14 of Hale
Acres 2nd Addition. The Owasso Planning Commission recommended approval at their March
14, 2000 regular meeting. The submittal to the City Council has been delayed while the
applicant obtained DEQ permits for sewer and water line extensions. Those pennits have now
been secured. Mr Williams moved, seconded by Mr Helm, to approve the plat amendment.
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Owasso City Council
November 6,2001
AYE: Williams, Helm, Annstrong, Brogdon, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
A WARD OF A BID FOR SOCCER FIELD LIGHTING AT THE OW ASSO
SPORTS PARK.
Mr Rooney said that bids were opened on September 4, 2001 for lighting of an additional soccer
field at the Sports Park. The lowest bid was $67,911, which exceeded the budgeted amount of
$50,000. The City Council rejected the bids and the project was re-bid. Bids were opened on
October 29,2001, with Shawnee Lighting being the apparent low bidder at $51,659. Shawnee
Lighting has performed other work at the Sports Park, and the staff has been satisfied with their
product. The Parks Department has a carry-over budget in a sufficient amount to address the
$1659 over the budgeted amount. Mr Helm moved, seconded by Mr Brogdon, to award a
contract for soccer field lighting to Shawnee Lighting Systems, Shawnee, OK in the amount of
$51,659.00.
AYE: Helm, Brogdon, Williams, Armstrong, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
DETERMINATION OF RECOVERABILITY OF TELEPHONE SERVICE
PROVIDED TO VOLUNTEER NETWORK OW ASSO.
Councilor Arn1strong had placed this item on the agenda, and requested that it be removed until a
later date.
ITEM 13: REPORT FROM CITY MANAGER
Mr Mitchell reported that employees will be moving into the new city hall building on
November lih, and the building will open to the public on November 13th.
ITEM 14: REPORT FROM CITY ATTORNEY.
No report.
ITEM 15: REPORT FROM CITY COUNCILORS.
No report.
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Owasso City Council
November 6,2001
ITEM 16: NEW BUSINESS.
None.
ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
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)l; AND FOR THE PURPOSE OF DISCUSSING PENDING
ACTIONS, CLAIMS, AND LITIGATION INVOLVING:
A. FOP Lodge 149 and H Burl Cox v The City of Owasso, a Municipal Corporation,
and Larry 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 Court;
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. Edgar Pales, Jr v City of Ow as so, and City Commissioners of the City of Ow as so,
Case No CJ-99-4054, Tulsa County District Court;
G. Mark Cleveland, Shane Davis, John Edwards, Darryl Jones, Buddy Pales, Richard
Dean Parsley, David Renfro, Carla Stone, Tracy Townsend, Steve Tryon, and Jim
Leigh v City of Owasso, a Municipality, Clifford Motto and Rick DeAnnond,
Individually and as Officers/Employees of the City of Owasso, Case No CJ -2000-
06164, and 01-CV-47-H (M), In the United States District Court for the Northern
District of Oklahoma;
H. Jerry Keys and Marlene Keys v City of Owasso and HMG, Inc, a North Carolina
Corporation, Case No CJ-2000-04029, Tulsa County District Court;
1. James Baker and Mike Kight, d/b/a Baker-Kight Development v City of Owasso,
Oklahoma and Sapulpa Digging, Case No CJ-2000-05401, Tulsa County District
Court;
1. Ronnell Haney v Darryl Jones, Case No 00-CV-476-H (J), In the United States
District Court for the Northern District of Oklahoma;
K. American Waste Control Inc, an Oklahoma Corporation v City of Owasso, an
Oklahoma Municipal Corporation, Case No CJ 2001 04653, Tulsa County District
Court Grievance;
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Owasso City Council
November 6, 2001
L. FOP Lodge 149 and Johnny Edwards v City of Ow as so, FMCS Case No 010724-
13928-8, Grievance Arbitration;
M. FOP Lodge No 149 and Buddy Pales v City of Owasso, FMCS Case No 010905-
15822-8, Grievance Arbitration;
N. Notice of Tort - H Burl Cox, Claimant v City of Owasso, Oklahoma and Mayor,
Mary Lou Barnhouse - Claim is made for defamation of character and violations
of the Americans with Disabilities Act (ADA);
O. FOP Lodge No 149 and H Burl Cox and Michael Denton, FMCS Case Number
SUCH DISCUSSIONS ALLOWED PURSUANT TO 25 OS, SECTION 307-B(4).
Mr Brogdon moved, seconded by Mr Helm, to table Items A thru 0, entering into executive
session to discuss only the item relating to the office of the City Manager.
AYE: Brogdon, Helm
NAY: Williams, Annstrong, Barnhouse
Motion failed 2-3.
Mr Brogdon moved, seconded by Mr Helm, to enter into executive session to discuss all the
items listed.
AYE: Brogdon, Helm, Annstrong, Williams, Barnhouse
NAY: None
Motion carried 5-0.
The council entered into executive session at 7:05 p.m., returning at 9:30 p.m.
Mr Brogdon moved, seconded by Mr Helm, to reconsider the vote to table items A thru O.
AYE: Brogdon, Helm, Barnhouse
NAY: Armstrong, Williams
The motion to reconsider passed 3-2.
Mr Brogdon moved, seconded by Mr Helm, to table items A thru 0 on the executive session.
AYE: Brogdon, Helm, Barnhouse
NAY: Armstrong, Williams
Motion carried 3-2.
Mr Brogdon moved, seconded by Mr Helm, to reconvene the executive session.
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Owasso City Council
November 6,2001
AYE: Brogdon, Helm, Arn1strong, Williams, Barnhouse
NAY: None
Motion carried 5-0.
The council reconvened into executive seSSIOn at 9:35 p.m., returning to open seSSIOn at
10:40 p.m.
Mr Williams moved, seconded by Mr Helm, to recess the meeting until 5:30 p.m. on November
16,2001.
AYE: Williams, Helm, Armstrong, Brogdon, Barnhouse
NAY: None
Motion carried 5-0, and the meeting was recessed at 10:41 p.m.
Mayor Barnhouse reconvened the meeting at 5:30 p.m. on Friday, November 16, 2001 with the
following councilors answering roll call: Mary Lou Barnhouse, Mayor; Randy Brogdon, Vice
Mayor; H C Williams, Councilor; Rebecca Armstrong, Councilor; and Michael Helm, Councilor.
Staff present were Larry Mitchell, City Manager; Ronald D Cates, City Attorney; and Marcia
Boutwell, City Clerk.
Mr Brogdon moved, seconded by Mr Helm, to retire to executive session.
AYE: Brogdon, Helm, Armstrong, Williams, Barnhouse
NAY: None
Motion carried 5-0, and the council entered into executive session at 5 :31 p.m.
The council returned from executive session at 6:35 p.m. and the Mayor reconvened the open
meeting.
ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ANY OF THE
MATTERS SET FORTH IN THE FOREGOING EXECUTIVE SESSION.
Mr Brogdon moved, seconded by Mr Helm, to accept the resignation of the City Manager
effective November 21,2001, and in addition to the terms set forth in such resignation, the City
will pay such salary and benefits in the same monthly payments as other city employees, as well
as, the City will provide out placement service assistance to Mr Mitchell, to be arranged by
Councilor Williams, and a fee schedule for such brought back to the Council for approval.
AYE: Brogdon, Helm, Armstrong, Barnhouse
NAY: Williams
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Owasso City Council
November 6,2001
Motion carried 4-1.
Mr Brogdon moved, seconded by Mr Helm, that Assistant City Manager Timothy Rooney be
appointed interim City Manager, to serve unti 1 such time as a City Manager is appointed by the
Council.
AYE: Brogdon, Helm, AImstrong, Williams, Barnhouse,
NAY: None
Motion carried 5-0.
Mr Williams moved, seconded by Ms Annstrong, that a search committee be appointed for the
purpose of appointing a new city manager, such committee to be comprised of not more than two
Councilors and the City Attorney.
AYE: Williams, Armstrong, Helm, Brogdon, Barnhouse
NAY: None
Motion carried 5-0.
Mayor Barnhouse moved that Councilor Brogdon, Councilor Helm and City Attorney Ron Cates
be appointed to the Search Committee.
Motion died for lack of a second.
Mr Brogdon moved that Mayor Barnhouse, Councilor Helm, and Mr Cates be appointed to the
Search Committee. Mayor Barnhouse requested that she not be considered to serve on the
Search Committee. She said she is completing her tenn on the Council and she believes the
Search Committee should be comprised of Councilors who are not completing their term.
Motion died for lack of a second.
Mr Williams moved, seconded by Ms Annstrong, that the selection of a Search Committee be
tabled to the next regular City Council meeting, and that it be placed on the executive session for
discussion.
AYE: Williams, Annstrong, Barnhouse
NAY: Williams, Brogdon
Motion carried 3-2.
ITEM 19: DISCUSSION AND APPROPRIATE ACTION RELATING TO THE OFFICE OF
THE CITY MANAGER.
This item was discussed in items 17 & 18.
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Owasso City Council
ITEM 20: ADJOURNMENT.
Mr Williams moved, seconded by Ms Armstrong, to adjourn.
AYE: Williams, Almstrong, Helm, Brogdon, Barnhouse
NAY: None
Motion carried 5-0, and the meeting was adjourned at 6:40 p.m.
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November 6, 2001
~Ik~~~~
. ary Lo Barnhouse, Mayor