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HomeMy WebLinkAbout2001.06.05_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 5, 2001 The Owasso City Council met in regular session on Tuesday, June 5, 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, June 1,2001 and the Addendum to Agenda filed and posted at 2:00 p.m. on Monday, June 4,2001. ITEM 1: CALL TO ORDER Mayor Barnhouse called the meeting to order at 6:35 p.m. ITEM 2: INVOCATION The invocation was offered by Councilor Helm. ITEM 3: FLAG SALUTE Mayor Barnhouse led in the flag salute. ITEM 4: 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 5: READING OF MAYOR'S PROCLAMATION. Mayor Barnhouse read and presented a proclamation to Couch Larry Turner, the coaching staff, and members of the Owasso Rams 2001 6A State Championship Baseball Team. Trophies were also presented to the team and coaching staff. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF THE CONSENT AGENDA. A. Approval of the Minutes of the May 15, 2001 Regular Meeting and May 22,2001 Special Meeting. B. Approval of Claims. Owasso City Council June 5, 2001 C. Action Relating to Ordinance #674, an Ordinance Providing for the Annexation of Approximately 160 Acres Located at the Northeast Corner of N 145th East Ave and East 106th St N, and Generally Described as a Portion of the SI2 SW/4 Section 5, Township 21N, Range 14E. D. Action Relating to Ordinance #677, an Ordinance Providing for the Rezoning of Property Located on Lot 1, Block 2, Original Town of Owasso (302 N Birch); from RS-3 (Residential Single-Family High Density) to OL (Office Light), Containing Approximately 9600 Square Feet. E. Action Relating to the Extension of an Interlocal Cooperation Agreement for Municipal Court Jurisdiction Concerning Juveniles. F. Action Relating to Acceptance of the Water and Sanitary Sewer Systems Constructed to Serve RCB Center, an Addition to the City of Owasso, Tulsa County, Oklahoma. G. Action Relating to a Workers Compensation Settlement and Authorization for Payment. The consent agenda included minutes of the May 15,2001 regular meeting and May 22,2001 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $69,702.58; (2) Juvenile Court $75.00; (3) Ambulance Fund $4,076.29; (4) Ambulance Capital $959.93; (5) Bond Projects $171,704.36; (6) City Garage $8,873.33; (7) Workers' Comp Self Insurance $575.92; (8) Payroll $170,877.66 (9) City Garage Payroll $4,396.90; (10) Ambulance Payroll $11,977.91. Item C on the consent agenda requested approval of Ordinance #674, approving the annexation of 160 acres at the northeast corner of N 145th East Ave and East 106th St N. Item D requested approval of Ordinance #677, approving the rezoning of Lot 1, Block 2, Original Town of Owasso from RS-3 to OL. Item E requested extension of an Interlocal Cooperation Agreement covering Municipal Court jurisdiction over juvenile offenders. Item F requested acceptance of the water and sanitary sewer systems constmcted to serve the RCB Center. Item G requested approval and authorization for payment in the amount of $1000 plus $75 court costs, for a workers compensation claim filed by Steve Tryon. Mr Williams moved, seconded by Ms Annstrong, to approve the City Council consent agenda. AYE: Williams, Armstrong, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF CHANGE ORDER #4, 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 Carr presented the item. He said that the proposed change order contains items that have resulted in changes, modifications and additions to the project. The costs have been divided into three categories: elTors and omissions, constmction change directives and non contractual items. - 2 - Owasso City Council June 5, 2001 Errors and Omissions include installation of jail floor drains and detention skylights to conform with jail facility design criteria, and modifications to the mechanical room to properly house specified equipment. A portion of the costs of these revisions will be incurred by the project architect. Construction Change Directives are a compilation of costs that were generated by either a revised space plan, revised site plan or discrepancies in the construction documents. Non-Contractual Items include those that have not been incorporated in the contract documents and are needed for the facility. The total cost of the change order is $70,083, and will be offset by a $90,000 grant for jail construction that has been received from the Oklahoma Department of Corrections. John Groth asked about errors and omissions and why these items were not included in the original contracts. He also questioned where the money is coming from for cost ovemms on the project. George Shouse asked if this change order includes modification to the roof and was told that it does. Councilor Brogdon said that he agrees with the statements of both citizens and is also concerned about the cost overruns. He said he is not pleased with the change order and will be voting against the change order because he believes there are items included that the city should not be paying for. Mr Williams moved, seconded by Ms Armstrong, to approve Change Order #4. AYE: Williams, Armstrong, Barnhouse NAY: Helm, Brogdon Motion carried 3-2. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AMENDMENT FOR PROGRAM MANAGEMENT SERVICES BETWEEN COWEN CONSTRUCTION AND THE CITY OF OW ASSO. Mr Carr said that on March 16, 1999, the City Council approved a contract revision with Cowen Construction for Program Management Services associated with the 1998 Bond Issue project at the City Hall, Police Station, and Community Center. Cowen Construction is now requesting a modification of this agreement. At the time of the original agreement, there were many uncertainties as to building location, size, and potential costs. A fee schedule was provided, with a provision that if this schedule is increased more than 10% in any stage of the work, an adjustment in fees will be negotiated between the PMT and the City based upon hourly rates or upon a negotiated fee. Cowen Construction has indicated that the size of the project has increased by 44%, the value of the proj ect has increased by 13 %, and the duration of the proj ect is scheduled to increase by 58%. Cowen has reviewed their costs through March 31, 2001 and projected expenses through what is expected to be the duration of the project. They have lowered their hourly rates to finalize the project at minimum costs, requesting an additional amount of $49,920. Councilor Brogdon stated that he would be voting against this request because of many unanswered questions. He questioned why the project is taking longer than what was originally anticipated, what constitutes a 58% increase in project time, and what is considered uncontrollable forces for delays. He asked if the management company has not been proficient in bringing the project to a conclusion in the required time. Mr Carr responded that much of the time increase is because of the number of hours required by design changes requested by the City. Councilor Williams asked who requested all of the revision and what key personnel changed during the process. Mr Carr said that the design revisions were requested by - 3 - Owasso City Council June 5, 2001 the City, and that there have been two city manager changes and a police chief change during the duration of this project. Also the project itself was changed from remodeling the current city hall building for a police station to constructing a new police station as a part of the city hall construction. Councilor Brogdon asked if we know what dollar amount was spent on the project by Cowen during the design phase, and how much of the total amount of their contract was used during the 13 months between the time the contract was signed and the building was actually started. Doug Peterson, the construction manager for Cowen Construction, said that he did not have those figures with him, but could get them for the Council. Councilor Brogdon asked where all the money included in the contract has gone and how much is left. Mr Mitchell responded that all of the money has been used, and that Cowen has performed the services they agreed to perform under the terms of the contract. Mr Cates said that the original ternl of the contact was 19 months beginning on March 6, 1999. Although there were some delays related to weather and material deliveries, most of the delays experienced were because of changes requested by the City. Cowen has fulfilled their obligations under the contract. Councilor Brogdon requested that this item be pulled from the agenda until questions can be answered concerning billable time and how it has been calculated. He then asked for that request to be in the form of a motion. Councilor Williams asked for the motion to be amended to allow the item to the be placed on the Work Session agenda on June 1i\ allowing the issue to be resolved within a few days and, thus, not delaying the project. Councilor Brogdon agreed to the amendment, and Councilor Williams seconded the motion. AYE: Brogdon, Williams, Helm, Armstrong, Barnhouse NAY: Helm Motion carried 5-0, tabling the item to the June 1ih Work Session. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE AN ASSIGNMENT OF BID PACKAGE 9A DRYWALL FROM ASTA ENTERPRISES INC TO M L JONES ACOUSTICS INC FOR THE NEW CITY HALL/POLICE STATION. Mr Cates presented the item. He said that the drywall contractor for the city hall/police station project, Asta Enterprises, walked off the job, and Cowen Construction has secured the services of another contractor who is willing to assume the remainder of Asta's contract. That contractor, M L Jones Acoustics Inc, has executed an assigmnent of the contract and is willing to complete the remaining work on the contract. Mr Cates said that Asta also had the contract for the Acoustical Ceiling and an assignment of that contract will appear on the next City Council agenda. Mr Williams moved, seconded by Ms Armstrong, to approve the assignment of Bid Package 9A Drywall from Asta Enterprises Inc to M L Jones Acoustics Inc, and authorization for the Mayor to execute the assignment document. AYE: Williams, Armstrong, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. - 4 - Owasso City Council June 5, 2001 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-01-03, A REQUEST TO REZONE PROPERTY LOCATED NORTH OF NORTH 116TH STREET NORTH AND EAST OF NORTH GARNETT ROAD, GENERALLY DESCRIBED AS A PORTION OF THE S/2 SW/4 SECTION 5, TOWNSHIP 21N, RANCE 14E; FROM AG (AGRICULTURE) TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 37.42 ACRES. Ms Sorrells presented the item. A rezoning application has been received for this undeveloped property. The Owasso 2010 Land use Master Plan designates this land as low-density residential, and the proposed RS-3 use is appropriate. During the discussion when the property was annexed, Mr Lawrence Poyner, who owns adjoining property, stated that through a historical agreement with previous landowners a portion of his septic field lies within the subject property. The new property owner has agreed to remove Mr Poyner's septic field, as well as the septic field of another neighbor, and allow these two homes to be attached to the sewer line that will be constructed. The Owasso Planning Commission has reviewed the request and recommended approval. Mr Brogdon moved, seconded by Ms Armstrong, to approve the rezoning request. AYE: Brogdon, Armstrong, Helm, Williams, Barnhouse NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #676, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO CHAPTER 10 "USE UNITS", SECTION 1011.4 "OFF-STREET PARKING AND LOADING REQUIREMENTS" FOR OFFICES AND STUDIOS, OF THE CITY OF OW ASSO ZONING CODE, AND DECLARING AN EMERGENCY. Ms Sorrells said this request was approved by the City Council on May 15th at a regular meeting. This ordinance would normally appear on the Consent Agenda; however, because of the request for an emergency clause which must be voted on separately, it has been placed on the regular agenda. Mr Brogdon moved, seconded by Mr Williams, to approve Ordinance #676. AYE: Brogdon, Williams, Armstrong, Barnhouse NAY: Helm Motion carried 4-1. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #676. Ms Sorrells presented the item. The attachment of an emergency clause to Ordinance #676 will allow the ordinance to take effect immediately upon publication rather than 30 days from publication. This request is being made in order to not delay the project. Mr Brogdon moved, seconded by Mr Williams, to approve the attachment of an emergency clause to Ordinance #676. - 5 - Owasso City Council June 5, 2001 AYE: Brogdon, Williams, Armstrong, Barnhouse NAY: Helm Motion carried 4-1. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT BETWEEN THE CITY OF OW ASSO AND THE CHEROKEE NATION. Chief Green said that the Owasso Police Officers currently are unable to provide law enforcement or police protection or respond to calls for assistance on Indian land, even though that land is located within the city limits of Owasso. Cherokee Nation Marshals may not leave Indian land to assist Owasso Police Officers. On June 8, 1992, the Cherokee Nation entered into a law enforcement agreement with the State of Oklahoma that provides authorization for cross- deputization agreements between the State of Oklahoma and its political subdivisions (cities and counties) and the Cherokee Nation. This agreement allows cooperation between the entities regardless of the status of the land. The only thing needed for the City of Owasso to participate in the Cross Deputization Agreement is an addendum containing the signatures of the Police Chief and the City Council. That agreement has been prepared. Mr Helm moved, seconded by Mr Williams, to approve the Addendum to a Cross Deputization Agreement between the City of Owasso and the Cherokee Nation for the purpose of cooperating to provide comprehensive law enforcement protection on Indian land within the city limits of Owasso. AYE: Helm, Williams, Armstrong, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO PURCHASE FURNISHING FOR THE DISPATCH AREA, AS WELL AS THREE DUTY CHAIRS, FOR THE NEW POLICE STATION. Chief Greene said that furnishings will be needed for the dispatch area when the move is made to the new police station. Staff has received a quote from Oklahoma Correctional Industries in the amount of $7511.92 for custom designed dispatch furniture, which includes two dispatch workstations. These workstations will provide room to install computers, radio consoles and printers, and include integrated power strips and storage. OCI is a non-profit state organization that markets and sells products produced by imnate labor. These products are of excellent quality, and municipalities are exempt from competitive bidding when purchasing from OCr. OCI also manufacturers a line of heavy-duty chairs which have adjustable anns to accommodate officers in full gear. A quote of $450 each has been received for three chairs - one for each dispatcher and one for a supervisor position. Staff is requesting the purchase of these furnishings for the new building. Mr Williams moved, seconded by Ms Armstrong, to approve the purchase of modular dispatch furniture at a cost of $7511.92 and three chairs at a cost of $1350 ($450 each) from Oklahoma Correction Industries, for a total purchase price of $8861.92. - 6 - Owasso City Council June 5, 2001 AYE: Williams, Armstrong, Brogdon, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF A FIREWORKS DISPLAY. Mr Dick Edmisten, representing Owasso Golf and Athletic Club, requested City Council approval for a public fireworks display at their facility on July 3rd. City Code requires approval from the City Council for a fireworks display within the city limits. Code also requires that any fireworks display within the city limits be open to the public and free of charge. Mr Edmisten said that the fire department has been contacted and will provide fire protection. There will be an article in the Owasso Reporter regarding the celebration. The article will state that it is free and open to the public. Councilor Helm asked if alcoholic beverages would be served. Mr Edmisten said that there will be no alcoholic beverages. Mr Williams moved, seconded by Ms Armstrong, to approve the request for the Owasso Golf & Athletic Club to hold a fireworks display on July 3rd in celebration ofIndependence Day. AYE: Williams, Armstrong, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION 2001-04, A RESOLUTION ADOPTING AN FY 2001-2002 BUDGET FOR ALL FUNDS ADMINISTERED BY THE CITY. Ms Bishop presented Resolution #2001-02, which adopts the FY 2001-2002 budget for all funds administered by the City of Owasso. Councilor Brogdon stated that it is a great budget and easy to read. He said, however, that he planned to vote against the budget because the percentage of increase is 9.31, which is 75% higher than other municipalities. He said he believes the spending is greater than it should be. He also said that he is concerned about health insurance premiums, and that the City should take a serious look at another carrier or the employees should assume more of the responsibility for insurance premiums. He also had concerns about the retirement program, as there appears to be a significant increase in what the City is paying towards retirement over FY 2000-2001. Mr Williams moved, seconded by Mayor Barnhouse, to approve Resolution #2001-02. AYE: Williams, Barnhouse, Helm NA Y: Arnlstrong, Brogdon Motion carried 3-2. - 7 - Owasso City Council June 5, 2001 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)(1 ). There was no request made for an executive session. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT FOR SERVICES BETWEEN THE CITY OF OW ASSO AND LARRY MITCHELL. Mayor Barnhouse said that the contract with the City Manager was discussed in an executive session at a work session, and that all councilors have received the final contract document. There were no questions concerning the contract, and Mayor Barnhouse moved, seconded by Mr Williams, to approve a contract for services between the City of Owasso and the City Manager for the period July 1,2001 through June 30, 2002. AYE: Barnhouse, Williams, Armstrong, Helm, Brogdon NAY: None Motion carried 5-0. ITEM 19: REPORT FROM CITY MANAGER Mr Mitchell referred to a letter distributed to the council complimenting Public Works employees for a job well done. Mr Rooney gave councilors baseballs autographed by the 2001 6A State Champion baseball team from Owasso High School. ITEM 20: REPORT FROM CITY ATTORNEY. No report. ITEM 21: REPORT FROM CITY COUNCILORS. Councilor Helm asked about alcoholic beverages being sold at Bailey Ranch Golf Course. Mr Cates said that only low-point beer is sold at the golf course. ITEM 22: NEW BUSINESS. None ITEM 23: ADJOURNMENT Mr Williams moved, seconded by Mr Helm to adjourn. - 8 - Owasso City Council AYE: Williams, Helm, Armstrong, Brogdon, Barnhouse NAY: None June 5, 2001 Motion carried 5-0, and the meeting was adjourned at 8:00 p.m. - 9 -