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HomeMy WebLinkAbout2001.10.02_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 2,2001 The Owasso City Council met in regular session on Tuesday, October 2, 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 Thursday, September 28,2001. ITEM 1: CALL TO ORDER Mayor Bamhouse called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION The invocation was offered by Human Resources Director Allan Harder. ITEM 3: FLAG SALUTE Mayor Barnhouse led in the flag salute. ITEM 4: ROLL CALL PRESENT Mary Lou Bamhouse, Mayor Randy Brogdon, Vice Mayor Will Williams, Councilor Rebecca Armstrong, Councilor Michael Helm, Councilor ABSENT STAFF Larry Mitchell, City Manager Ronald D Cates, City Attomey Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: REQUEST TO ADDRESS THE CITY COUNCIL AND REQUEST THAT THE COUNCIL TAKE ACTION BY RETURNING MR COX AND MR DENTON TO EMPLOYMENT WITH THE CITY OF OW ASSO. City Attorney Ron Cates reminded the Council that the City is in litigation with Mr Cox and Mr Denton. He also told the Council that no Councilor may direct the firing or hiring of employees. Mr Burl Cox then addressed the Council conceming his dismissal and that of Mr Denton, as well as the litigation as a result of that dismissal, and requested that he and Mr Denton be retumed to employment. Mr Michael Denton also briefly addressed the Council. The Council took no action on the matter. Owasso City Council October 2,2001 ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of the September 18, 2001 Regular Meeting and the September 25,2001 Special Meeting. B. Approval of Claims. The consent agenda included minutes of the September 18, 2001 regular meeting and September 25, 2001 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $18,496.23; (2) Juvenile Court Fund $75.00; (3) Ambulance Fund $5,151.35; (4) E-911 $9,531.77; (5) Bond Projects $245,829.02; (6) City Garage $8,904.04; (7) Workers' Comp Self Insurance $3,202.38; (8) Payroll $183,775.42; (9) City Garage Payroll $5,057.18; (10) Ambulance Payroll $12,082.20; (11) E-911 Payroll $882.67; (12) Worker's Comp Payroll $486.46. Mr Brogdon moved, seconded by Mr Williams, to approve the consent agenda. AYE: Helm, Williams, Armstrong, Brogdon, Bamhouse NAY: Motion carried. Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPRO V AL OF THE EXPENDITURE OF FUNDS FOR SELF- INSURED WORKERS' COMPENSATION EXCESS COVERAGE POLICY RENEWAL. Ms Grimes presented the item. The City of Owasso is self-insured for workers' compensation, and purchases reinsurance for catastrophic claims. Each year the City reviews the program and requests quotes from various insurance copies. Four companies responded to a request for quotes. Republic Westem Insurance Company provides the current excess workers compensation policy. Once again they came is as the lowest bidder. The annual premium is based on estimated payroll. The payroll has increased, thus slightly increasing the premium rate to .263 per $100 of payroll. Mr Helm moved, seconded by Mr Williams, to approve an expenditure in the amount of $.263 per $100 of payroll to Republic Western Insurance Company for the purchase of workers compensation excess insurance. AYE: Helm, Williams, Armstrong, Brogdon, Bamhouse NAY: None Motion carried 5.-0. - 2 - Owasso City Council October 2,2001 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPRO V AL OF THE EXPENDITURE OF FUNDS FOR BLANKET POSITION BOND RENEWAL AND PUBLIC ENTITY HONESTY BOND RENEWAL. Ms Grimes said that CNA/Westem Surety has provided the position bond for many years covering the positions of City Manager, City Clerk, Deputy City Clerk, Court Clerk, Deputy Court Clerk, and Utility Cashier. The premium for the $250,000 is $857.70, and does not reflect any increase over the previous year. The Public Employees Honesty Blanket Bond, also underwritten by CNA/Westem Surety, covers 18 employees with cashier potential at various City locations. The premium for renewal has been quoted at $114.00, and does not show an increase. Mr Brogdon moved, seconded by Mr Helm, to approve an expenditure to CNA/Westem Surety in the amount of $857.50 for Blanket Position Bond renewal, and $114 for Public Entity Honesty Bond renewal, for a total premium of $971.50. AYE: Brogdon, Helm, Williams, Armstrong, Bamhouse NAY: None Motion carried 5-0. ITEM 9: PUBLIC HEARING RELATING TO A REQUEST TO DECLARE CERTAIN PROPERTY SURPLUS TO THE NEEDS OF THE CITY, AND AUTHORIZE THE DESTRUCTION THEREOF. Chief Greene presented the item. The Owasso Police Department has a total of 17 firearms, four of which were originally purchased prior to 1981 and intended to be issued to any police officer who did not personally own a firearm. The rest of the firearms were confiscated over the years from persons who were arrested on firearms charges, with the weapons being awarded to the department by the District Court. Current policy is that the Owasso Police Department does not want to be responsible for putting more firearms into the hands of the public by selling these weapons at auction. The policy is to destroy any confiscated weapons once the court case is disposed of and the Court orders the destruction of the weapon. However, the Court cannot order the destruction of any weapons owned by the Department. They must be declared surplus and their destruction approved by the City Council. Councilor Armstrong asked who would be transpOliing the weapons to the disposal site. Chief Green said they would be transported by Owasso police officers who will remain on site and witness their destruction. Mr Williams moved, seconded by Mr Brogdon, to declare 17 weapons enumerated on a memorandum by reference made a part hereto, as surplus property, and to authorize the destruction of the weapons. AYE: Williams, Brogdon, Annstrong, Helm, Bamhouse NAY: None Motion carried 5-0. - 3 - Owasso City Council October 2, 2001 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR COUNTRY ESTATES V, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA (WARD 2). Ms Sorrells said that the City of Owasso has received a request for the review of a final plat for Country Estates V, located north of E 1 16th St N and west of N Gamett Rd. The plat contains 187 residential lots on 53.64 acres. DEQ permits for sewer and water extensions have been received. The Planning Commission reviewed the final plat on September 17, 2001 and recommended approval. Councilor Helm asked who would be supplying water to the subdivision, & Ms Sorrells responded that it is in the Washington County Rural Water district. Mr Williams moved, seconded by Mr Helm, to approve the final plat for Country Estates V. AYE: Williams, Helm, Armstrong, Brogdon, Barnhouse NAY: None Motion carried 5-0. During Item 18, Reports from City Councilors, Mr Helm moved to reconsider this item in light of discussions on items 12 & 13, relating to drainage issues in the same general area. Motion seconded by Ms Armstrong. AYE: Helm, Armstrong, Williams, Bamhouse NAY: Brogdon Motion to reconsider Item 10 carried 4-1. Questions regarding drainage in the area were directed to Mr Carr, who said that the City has no control over drainage outside the city limits, but is working with Tulsa County to try to resolve some on the drainage problems. Upon further discussion, Councilor Williams changed his vote to reconsider the item to "Nay". The motion to reconsider Item 10 carried 3-2. Following discussion, Mr Helm moved, seconded by Mr Brogdon, to approve the final plat for Country Estates V. AYE: Helm, Brogdon, Williams, Barnhouse NAY: Armstrong Motion carried 4-1. - 4 - Owasso City Council October 2, 2001 ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR EXCHANGE BANK OW ASSO I, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, STATE OF OKLAHOMA (WARD 2). Ms Sorrells said that the City has received a request for approval of a final plat for Exchange Bank Owasso I, located at the northeast corner of E 86th St Nand N Mingo Rd. The plat contains one commercial lot of approximately .91 acres. No DEQ permits are required for this development. The Plmming Commission recommended approval at their meeting on September 17, 2001. Mr Helm asked who would be supplying water, and Ms Sorrells responded that the development will be on City of Owasso water. Mr Helm moved, seconded by Mr Williams, to approve the final plat for Exchange Bank Owasso 1. AYE: Helm, Williams, Armstrong, Brogdon, Bamhouse NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-01-06, A REQUEST TO REZONE PROPERTY LOCATED EAST OF NORTH MINGO ROAD AND NORTH OF EAST 106TH STREET NORTH, IMMEDIATELY WEST OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; FROM CG (COMMERCIAL GENERAL) TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 12.95 ACRES, MORE OR LESS. Ms Sorrells presented the item. D M Sokolosky has requested rezoning a 12.95 acre tract ofland located east of N Mingo Rd and 530' north of E 106th St N, from CG to RS-3. The Owasso Planning Commission reviewed the request at a meeting on September 17, 2001 and recommended approval. Several citizens residing in the area attended the City Council meeting and expressed concems over potential drainage issues arising from development. Citizens addressing the Council were Jan Fallew, Earl Worley, Jan Thomas, Don McLaughlin, Sue Piggett, Harold Ledbetter, & Carol Seim. They discussed general flooding in the area and the amount of new flooding caused by development. Ms SOlTells and Mr Can' addressed the issues. Mr Carr said that the City of Owasso is working with Tulsa County to try to resolve some of the problems. Following discussion, Mr Brogdon reminded everyone that the only issue before the Council at this time is that of rezoning. He said the issues raised conceming drainage will be addressed during the platting stage. Mr Brogdon moved to approve the requested rezoning. Mr Helm requested an amendment to the motion to direct the staff to hold meetings with the developer and the concemed citizens in order to address the citizens' concems before a final plat is brought to the City Council for approval. Mr Brogdon agreed to the amended motion, seconded by Mr Helm. AYE: Brogdon, Helm, Am1strong, Williams, Barnhouse NAY: None - 5 - Owasso City Council October 2, 2001 Motion to approve the requested rezoning, and direct the staff to hold meetings with the developer and the concemed citizens in order to address the citizens' concems before a final plat is brought to the City Council for approval, carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-01-07, A REQUEST TO REZONE PROPERTY LOCATED APPROXIMATELY 1/8 MILE EAST OF NORTH MINGO ROAD AND SOUTH OF EAST 116TH STREET NORTH, FROM IL (INDUSTRIAL Light) TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 15 ACRES. Ms Sorrells said that D M Sokolosky has requested rezoning a 15 acre tract located approximately 1/8 mile east of N Mingo Rd and south of E Il6th St N; from IL to RS-3. The Owasso Planning Commission reviewed the request on September 17, 2001 and recommended approval. Citizens present had the same concems regarding drainage as they did on the previous item. Ms Am1strong moved to approve the requested rezoning, and direct the staff to hold meetings with the developer and the concemed citizens in order to address the citizens' concems before a final plat is brought to the City Council for approval. Motion seconded by Mr Helm. AYE: Armstrong, Helm, Williams, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #687, AN ORDINANCE PROVIDING FOR THE CLOSING OF A 15' SANITARY SEWER EASEMENT AND 15' WATER EASEMENT LOCATED OJ'{ LOT 1, BLOCK L FIRST BAPTIST CHURCH OF OW ASSO. Ms Sorrells presented the item. Mansur Daubert Strella, on behalf of the First Baptist Church of Owasso, has requested the closing of a 15' sanitary sewer easement and a 15' water easement, which was recorded on a plat. The entrance drive to the property has been shifted slightly, necessitating the closing of the platted easement, and subsequently the recording of a new easement. The Owasso Planning Commission reviewed the request on September 17, 2001, and recommended approval. Mr Brogdon moved, seconded by Mr Williams, to adopt Ordinance #687 approving the requested easement closing. Mr Helm abstained which, by virtue of law, must be counted as a no vote. AYE: Brogdon, Williams, Armstrong, Bamhouse NAY: Helm Motion carried 4-1. - 6 - Owasso City Council October 2,2001 ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A PROPOSED 15' SANITARY SEWER EASEMENT LOCATED ON LOT 1, BLOCK L FIRST BAPTIST CHURCH OF OW ASSO. Mr Williams moved, seconded by Mr Brogdon, to accept the proposed easement, and authorize the Mayor and City Clerk to execute the document. Mr Helm abstained which, by virtue of law, must be counted as a no vote. AYE: Williams, Brogdon Armstrong, Bamhouse NAY: Helm Motion carried 4-1. ITEM 16: REPORT FROM CITY MANAGER Mr Mitchell called attention to a report on Block Parties that had been distributed by Mr Rooney. ITEM 17: REPORT FROM CITY ATTORNEY. No report. ITEM 18: REPORT FROM CITY COUNCILORS. See item 10. ITEM 19: NEW BUSINESS. None ITEM 20: ADJOURNMENT Mr Williams moved, seconded by Mr Helm, to adjoum. AYE: Williams, Helm, Armstrong, Brogdon, Bamhouse NAY: None Motion carried 5-0, and the meeting was adjoumed at 7:45 p.m. ~a1t;l!lE' c~ jjt14vt~tI1/i/"k_'/ Mary L~~mhouse, Mayor - 7 -