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HomeMy WebLinkAbout2000.05.16_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 16, 2000 The Owasso City Council met in regular session on Tuesday, May 16, 2000 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, May 12,2000. ITEM 1: CALL TO ORDER Mayor Williams called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION The invocation was offered by Pastor Duane Brogdon of the Hope Worship Center in Tulsa, and a Tulsa Police Department Chaplain. ITEM 3: FLAG SALUTE The flag salute was led by Court Clerk Tammy Grimes. ITEM 4: OATH OF OFFICE ADMINISTERED TO COUNCILOR-ELECT BROGDON City Clerk Marcia Boutwell administered the oath of office to Councilor-Elect Brogdon, and the Councilor was then seated at the council bench. ITEM 5: OATH OF OFFICE ADMINISTERED TO POLICE CHIEF JIM GREENE City Manager Larry Mitchell administered the oath of office to new Police Chief Jim Greene. ITEM 6: ROLL CALL PRESENT H C "Will" Williams, Mayor Mary Lou Barnhouse, Mayor Denise Bode, Councilor Melinda Voss, Councilor Randy Brogdon, Councilor ABSENT STAFF Larry Mitchell, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. Owasso City Council May 16,2000 ITEM 7: RECOGNITION OF OUTSTANDING EMPLOYEES Mayor Williams, assisted by Ms Boutwell, recognized and presented Certificates of Recognition to the 33 city employees who participated in Corporate Challenge 2000. Medals were also presented to the third-place golf team, and a special recognition from Saint Francis Health Systems was presented to Phil Lutz. Mayor Williams recognized and introduced members of Councilor Brogdon's family. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF THE CONSENT AGENDA. A. Approval of the Minutes of May 2, 2000 Regular Meeting. B. Approval of Claims. C. Action Relating to the Election of Two Trustees to the Oklahoma Municipal Assurance Group, and Authorizing the Mayor to Execute an Official Ballot. D. Request Council Authorization for Notice, Equalization and Levy of Assessments Against Properties Within Tulsa County Sewer Improvement District No.6. E. Action Relating to Acceptance of Improvements to the Streets and Storm Drainage Systems Constructed to Serve Country Estates, Phases I ;and II. F. Action Relating to a Workers Compensation Claim Against the City of Owasso by Billy Cook. The consent agenda included minutes of the May 2, 2000 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $87,286.44; (2) Ambulance Service Fund $2,743.43; (3) E-911 $1,901.28; (4) Capital Projects Grant $29,760.00; (5) Bond Projects $278,548.87; (6) City Garage $6,485.64; (7) Workers Comp Self-Insurance $11,275.68; (8) Payroll $163,400.71; (9) City Garage Payroll $3,935.65. Item C requested that votes be cast for Ms Patti Kusel, Town Clerk!Treasurer at Ft Cobb, and Mr William Tackett, City Manager at Woodward, as Trustees on the OMAG Board. Item D requested Council authorization to levy assessments and provide notice against properties within the Tulsa County Sewer Improvement District #6 sufficient to pay the interest, principal and reserve due on the outstanding indebtedness represented by the district bonds. Item E requested acceptance of the streets and storm drainage system constructed to serve Country Estates, Phases I and II. Item F requested approval of a negotiated joint petition final settlement with Billy Cook in the amount of $8000, plus associated settlement costs. Dr Bode moved, seconded by Ms Voss, to approve the consent agenda. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. - 2 - Owasso City Council May 16,2000 ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #2000-05, A RESOLUTION ADOPTING A POSITION REGARDING FUTURE TRAFFIC MOVEMENTS AT THE US. HIGHWAY 169 AND 66TH STREET NORTH INTERCHANGE. Mr Mitchell said that at their last meeting the City Council instructed staff to prepare a resolution adopting a position regarding future traffic movements at the US. Highway 169 & 66th St N interchange, and supporting efforts to explore ways to address safety issues so that the intersection may remain open. The Oklahoma Depmiment of Transportation has posted a notice that 66th St N will be closed at the west side of the intersection on June 19t\ contrary to information received by the city that it would be 90-100 days before an impact study would be completed. If adopted, the resolution will be forwarded to state and county officials. Ms Barnhouse moved, seconded by Ms Voss, to approve Resolution #2000-05. AYE: Voss, Barnhouse, Brogdon, Bode, Williams NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL ACCEPTANCE OF PAYMENT FOR A CLAIM FILED AGAINST A SURETY BOND. Mr Cates presented the item.. In October of 1998, the city awarded a contract to Robinson Lawnmowing and Landscaping ofBerryville, Arkansas for landscaping along US. Highway 169 between 76th St N & 86th St N. The landscaping work was accepted in January of 1999 and a one-year maintenance bond was provided. Robinson did not provide adequate maintenance, and many of the plants died during the summer months. Efforts to contact the contractor were unsuccessful, and in March 2000 a claim was filed against the Surety. On April 27, 2000, Mid- State Surety Corporation issued a check to the City of Owasso in the amount of $9100, representing full payment of the claim. Additionally, they submitted a Partial Release and Assignment for execution. Ms Voss moved, seconded by Dr Bode, to accept the payment from Mid-State Surety Corporation in the amount of $9100, and authorize the Mayor to execute a Partial Release and Assignment. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A SUPPLEMENTAL APPROPRIATION TO THE CAPITAL IMPROVEMENTS FUND. Ms Bishop said that a supplemental appropriation is needed so that the $9100 received from Mid-State Surety Corporation can be used for the landscape replacement project along US. - 3 - Owasso City Council May 16, 2000 Highway 169. Dr Bode moved, seconded by Ms Voss, to approve a supplemental appropriation in the Capital Improvements Fund budget increasing revenues by $9100 and increasing expenditures by $9100. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL FOR HIGHWAY 169 LANDSCAPING REPLACEMENT. Mr Lutz said that this item is a continuation of the previous two items. After funds were received from the surety company representing the contractor on the Highway 169 landscaping project, bids were requested for replacement plantings. Five vendors responded to the bid solicitation, with Worley's Greenhouse and Nursery submitting the low bid of $6836. Dr Bode moved, seconded by Ms Voss, to approve a contract with Worley's Greenhouse and Nursery, Owasso, OK, for Highway 169 replacement plantings in the amount of $6836. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion cmued 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF A FINAL PLAT FOR QUIKTRIP COMMERCIAL CENTER, AN ADDITION TO THE CITIY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA. Ms Sorrells presented the item. QuikTrip Corporation has requested a review and approval of a final plat for QuikTrip Commercial Center, which will be located on the south side ofE 76th St N were the Owasso Veterinary Clinic is now located. The Owasso Technical Advisory Committee and Planning Commission have both reviewed the plat and recommended approval. Dr Bode moved, seconded by Ms Voss, to approve the final plat for Quik-Trip Commercial Center, a 1.56 acre, l-lot subdivision, located on the south side ofE 76th St N, east of US. Highway 169. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. - 4 - Owasso City Council May 16, 2000 ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-00-05, A REQUEST TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF EAST 106TH STREET NORTH, WEST OF GARNETT ROAD; FROM AG (AGRICULTURE) TO RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY), RD (RESIDENTIAL DUPLEX), AND OM (OFICE MEDIUM), CONTAINING 80.3 ACRES, MORE OR LESS. Items 14 and 15 are related and Ms Sorrells presented them together, however, action must be taken on each item separately. Pittman, Poe and Associates has requested approval of a rezoning request and a planned unit development, located on the north side of East 106th St N, west of Garnett Road. The area contains 80.3 acres of undeveloped land. The zoning request would establish the underlying zoning to implement the proposed PUD. The Owasso Planning Commission reviewed the request on May 9th, and recommended approval. Five citizens were present at that meeting with questions and comments. Ms Voss moved, seconded by Dr Bode, to approve the zoning as requested. AYE: Voss, Bode, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-19, A REQUEST FOR COUNCIL APPROV AL OF A PLANNED UNIT DEVELOPMENT. Ms Voss moved, seconded by Dr Bode, to approve OPUD-19. AYE: Voss, Bode, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-00-06, A REQUEST TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF EAST 96TH STREET NORTH, EAST OF GARNETT ROAD; FROM AG (AGRICULTURE) TO CG (COMMERCIAL GENERAL), CONTAINING 7.88 ACRES, MORE OR LESS. Ms Sorrells presented the item. Teresa Spears has requested approval to rezone the above described property from AG to CG. There are no plans at this time to develop the property. The Planning Commission recommended approval of the requested rezoning at their May 9th meeting. Dr Bode moved, seconded by Ms Voss, to approve the requested rezoning. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0 - 5 - Owasso City Council May 16, 2000 ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-00-07, A REQUEST TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF EAST 96TH STREET NORTH, WEST OF MINGO ROAD; FROM AG (AGRICULTURE) TO CG (COMMERCIAL GENERAL) AND CS (COMMERCIAL SHOPPING CENTER), CONTAINING 19 ACRES, MORE OR LESS. Ms Sorrells said that David Charney has requested approval of rezoning on the above described property from AG to CG and CS to allow for future commercial development. The Planning Commission approved the proposed rezoning at their May 9th meeting. Dr Bode moved, seconded by Ms Barnhouse, to approve the proposed rezoning. AYE: Bode, Barnhouse, Brogdon, Voss, Williams NAY: None Motion carried 5-0. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-20, A REQUEST FOR COUNCIL APPROVAL OF A PLANNED UNIT DEVELOPMENT. Ms Sorrells said that Forest Creek Business Park LLC has requested approval of a PUD on a tract located west of the Owasso Expressway between 76th St N & 86th St N. The CG zoning currently on the tract would be retained, and the tract would be developed in accordance with a submitted Outline Development Plan and Text. The plan calls for the development of the 6.5- acre, more or less, parcel as a business park with 15 buildings ranging in size from 1800 to 6500 square feet. The Planning Commission reviewed the request at their May 9th meeting and recommended approval. Ms Voss moved, seconded by Dr Bode, to approve OPPUD-20. AYE: Voss, Bode, Brogdon, Barnhouse, Williiams NAY: None Motion carried 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL FOR THE CITY OF OW ASSO TO PARTICIPATE IN THE FY 2000 CDBG-SMALL CITIES PROGRAM. Mr Rooney said that the City of Owasso is eligible to receive $67,132 in CDBG funds, based on population and poverty level. A Letter of Intent must be signed by the Mayor by May 30th in order for the city to participate in the program. Before the application is submitted, a public hearing must be held in order to obtain citizen input regarding the intended use of any funds received. Staff is looking at using the funding for Main Street improvements, such as curb and gutter and sidewalk replacement. Ms Voss moved, seconded by Ms Barnhouse, to approve City participation in the FY 2000 CDBG-Small Cities Program, and authorization for the Mayor to sign a Letter of Intent to participate in the program. - 6 - Owasso City Council May 16,2000 AYE: Voss, Barnhouse, Bode, Brogdon, Williams NAY: None Motion carried 5-0. ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL AUTHORIZATION TO SUBMIT AN APPLICATION FOR A NATIONAL PARK SERVICE LAND AND WATER CONSERVATION FUND GRANT. Mr Rooney presented the item. A matching fund grant is available through the National Park Service - Land and Water Conservation Fund for projects that qualify for the acquisition and development of outdoor recreation areas. Staff has recently been involved in discussions with Tulsa County that may culminate in ending the lease agreement that Tulsa County has on Owasso-owned McCarty Park. If that should happen, staff has determined that a picnic shelter and/or a ball field would be beneficial additions to the park. As this meeting serves as the required public hearing, the Mayor asked if there was any public input regarding the staffs recommendation. There were no comments. Ms Voss moved, seconded by Dr Bode, to authorize staff to submit an application for L WCF grant funds, to be utilized for the construction of a picnic shelter or a ball field at McCarty Park. AYE: Voss, Bode, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. ITEM 21: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO AWARD A CONTRACT FOR THE PURCHASE OF A VEHICLE FOR THE POLICE CHIEF'S USE. Lt Motto presented the item. The City has hired a new police chief, and there is no vehicle available for his use. The vehicle formerly assigned to the Chief was reassigned to the detective division. Staff contacted the vendor who has the state bid for police vehicles, and is recommending the purchase of a 2000 Chevrolet Impala for the Chiefs use. Funds are available in the FY 1999-2000 budget for this purchase. Dr Bode moved, seconded by Ms Voss, approval of a contract and authorization for payment to Hudiburg Auto Group, Midwest City, OK for the purchase of a 2000 Chevrolet Impala mid-size police vehicle at a purchase price of $19,300, utilizing State Contract #SW00035. AYE: Bode, Voss, Brogden, Barnhouse, Williams NAY: None Motion carried 5-0. - 7 - Owasso City Council May 16,2000 ITEM 22: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ADDITIONAL FUNDING FOR THE 800 MHZ RATION SYSTEM. Lt Motto said that when Total Radio began installing the new 800 radio system in the police communications division, it was discovered that no provision had been made as to how the system would actually be set up in the dispatch center. The radios were installed in dispatch, but they could not be connected to the department's recording system. Investigation showed that the original bid did not include the equipment necessary for connecting the central dispatch base units to the recorder. Additional equipment is needed for this. Staff recommended the purchase of the additional equipment needed for the radio system installation. Ms Voss moved, seconded by Ms Barnhouse, to approve the additional equipment needed in the police communications division, and authorize payment in the amount of $5858 to Total Radio Inc. AYE: Voss, Barnhouse, Bode, Brogdon, Williams NAY: None Motion carried 5-0. ITEM 23: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO AWARD A CONTRACT FOR THE PURCHASE OF A VEHICLE FOR THE CITY MANAGER'S USE. On March 21 S\ the City Council approved the purchase of a 2000 Jeep Cherokee from the state bid for the City Manager's use. Mr McElrath said that, at the first of May, staff was infOlmed by the state contract vendor that Chrysler ceased accepting orders for this year's model two months earlier than the usual mid-April cutoff date. The vendor attempted to locate the vehicle from other dealers, but was unable to do so. Staff then proceeded to solicit bids for a Jeep Cherokee Sports vehicle. Bids were solicited from three vendors, with all three responding. Two responded with the preferred color. Dr Bode moved, seconded by Ms Barnhouse, to approve the purchase of a Silvertone Jeep Cherokee Sport from Crown Auto World, Tulsa, OK at a purchase price of$19,960, and authorize payment. AYE: Bode, Barnhouse, Brogdon, Voss, Williams NA Y: None Motion carried 5-0. ITEM 24: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A COMMUNICATION TOWER SITE LEASE AGREEMENT. Mr Cates presented a proposed lease agreement between the City of Owasso and Titan Towers LP, relating to location on a telecommunications tower on property owned by the City of Owasso, commonly referred to as the water storage tank site on 96th St N. Under provisions of the lease agreement, the City will be provided with three mounting spaces on the tower and sufficient space on the site for the City's building to house radios and related electronic - 8 - Owasso City Council May 16, 2000 equipment. Ms Voss moved, seconded by Ms Barnhouse, to approve a 20-year lease agreement with Titan Towers LP for a site on which to construct a communication tower, subject to all terms and conditions of the lease. AYE: Voss, Barnhouse, Brogdon, Bode, Williams NAY: None Motion carried 5-0. ITEM 25: REPORT FROM CITY MANAGER Mr Mitchell acknowledged the work that Lt Motto has done during the time he has been Acting Chief of Police. Mr Mitchell also welcomed new police chief Jim Greene. Chief Greene then introduced his family. ITEM 26: REPORT FROM CITY ATTORNEY. No report. ITEM 27: REPORT FROM CITY COUNCILORS. Mayor Williams thanked retiring Mayor Mark Wilken for his time on the Council and his leadership during the year he was mayor. ITEM 28: NEW BUSINESS. None. ITEM 29: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO RECESS THE CITY COUNCIL MEETING FOR THE PURPOSE OF HOLDING A RECEPTION TO HONOR COUNCILOR BROGDON, MAYOR WILLIAMS, RETIRING MAYOR WILKEN, AND POLICE CHIEF JIM GREENE, THE CITY COUNCIL MEETING TO BE RECONVENED THIRTY MINUTES FROM TIME OF RECESS. Dr Bode moved, seconded by Ms Voss, to recess the meeting for the stated purpose. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried, and the meeting was recessed at 7:20 p.m. Mayor Williams reconvened the meeting at 7:55 p.m. - 9 - Owasso City Council May 16, 2000 ITEM 30: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING NEGOTIATIONS BETWEEN THE CITY OF OWASSO AND THE IAFF (FIREFIGHTERS) AND BETWEEN THE CITY OF OW ASSO AND THE FOP (POLICE); SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(2); AND FOR THE PURPOSE OF DISCUSSING PENDING ACTIONS, CLAIMS, AND LITIGA TION INVOLVING: A. FOP Grievance Arbitration - H Burl Cox - CONTRACT DISPUTE - PMCS Case No 000425-09620-8, B. FOP Grievance Arbitration - Mark Cleveland - DISCIPLINARY ACTION -FMCS Case No 00425-09622-8, C. FOP Grievance Arbitration - Lodge #149 - CONTRACT DISPUTE - FMCS Arbitration Panel Requested, D. FOP Grievance Arbitration - Mike Denton -DISCIPLINARY DISMISSAL - FCMS Arbitration Panel Requested, E. Grievance Arbitration Anticipated - H Burl Cox - DISCIPLINARY DISMISSAL, F. Grievance Arbitration Anticipated - Kenneth Yount - SHIFT ASSIGNMENT, G. Grievance Arbitration Anticipated - Darryl Jones - WEARING RANK WHILE IN ACTING STATUS, H. EEOC Complaint - H Burl Cox - ADA DISCRIMINATION, I. EEOC Complaint - Lisa Barstow Cox - GENDER AND NATIONAL ORIGIN DISCRIMINATION, J. Murrell vs Taylor and the City of Ow as so - Case No CJ-2000-1621, K. Edgar Pales Jr vs the City of Owasso and City Commissioners of the City of Owasso - Case No. CJ99-4054, L. Oklahoma Employment Security Commission Unemployment Claim - Mike Denton, M. Deboran D Miller vs the City of Owasso, a municipal corporation; J Willingham in his individual and official capacity as a police officer; S Jones in his individual and official capacity as a police officer; Maria Alexander, Chief of Police, in her official capacity; and other persons, individually and in their official capacity, SUCH DISCUSSION ALLOWED PURSUANT TO 25 OS, SECTION 307-B(4). Mr Harder requested approval of an executive session for the purposes stated. Dr Bode moved, seconded by Ms Barnhouse to enter into executive session. AYE: Bode, Barnhouse, Brogdon, Voss, Williams NAY: None Motion carried 5-0, and the Council entered into executive session at 7:56 p.m. Out of executive session at 9:59 p.m. - 10- Owasso City Council May 16,2000 ITEM 31: CONSIDERATION AND APPROPRIATE ACTION ARISING OUT OF DISCUSSIONS HELD IN EXECUTIVE SESSION REGARDING ENGAGING THE SERVICES OF KRISTEN BRIGHTMIRE TO REPRESENT THE CITY OF OW ASSO IN HEARINGS BEFORE THE PERSONNEL BOARD, AS WELL AS GRIEVANCE ARBITRATION ARISING OUT OF DISCIPLINARY TERMINATIONS OF MEMBERS OF FOP LODGE #149. Mr Harder said that the City and FOP Lodge #149 will enter into grievance arbitration involving the termination of employees. The City Attorney has determined that it would be in the best interest of the City to obtain outside legal counsel for those hearings. Dr Bode moved, seconded by Ms Voss, to authorize the City Manager to enter into agreements as may be necessary to engage Kristen Brightmire to represent the City of Owasso in hearings before the Personnel Board, as well as grievance arbitration arising out of disciplinary terminations of members of FOP Lodge #149, and approval for payment of invoices and expenses to Ms Brightmire for representation. AYE: Bode, Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 5-0. ITEM 32: ADJOURNMENT Ms Voss moved, seconded by Ms Bamhouse to adjourn. AYE: Voss, Barnhouse, Brogdon, Bode, Williams NAY: None Motion carried 5-0, and the meeting was adjoumed at 10:01 p.m. ~w~ i (~) I ! /\j_wC,OllA...e::iA/YL<LJ H C Williams, Mayor - 11 -