HomeMy WebLinkAbout2000.04.04_City Council Minutes
OW ASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, April 4, 2000
The Owasso City Council met in regular session on Tuesday, April 4, 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, March 31, 2000.,and Addendum to
Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00
p.m. on Monday, April 3, 2000.
ITEM 1: CALL TO ORDER
Mayor Wilken called the meeting to order at 6:47 p.m.
ITEM 2: FLAG SALUTE
The flag salute was held during the OPW A meeting preceding this meeting.
ITEM 3: ROLL CALL
PRESENT
Mark Wilken, Mayor
Mary Lou Barnhouse, Vice Mayor
Denise Bode, Councilor
Melinda Voss, Councilor
H C "Will" Williams, Councilor
ABSENT
STAFF
Larry Mitchell, 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 the Minutes of March 21,2000 Regular Meeting.
B. Approval of Claims.
C. Action Relating to Ordinance #636, an Ordinance Providing for the Rezoning of
Property Generally Located on the North Side of East 96th Street North, West of
US. Highway 169; from OL (Office Light), RS-3 (Residential Single-Family
High Density), and RS-2 (Residential Single-Family Medium Density) to CS
(Commercial Shopping Center), Containing 16.67 Acres, More or Less.
D. Action Relating to Ordinance #637, an Ordinance Providing for the Annexation of
8.25 Acres Generally Located on the Northeast Corner of East 96th Street North
and Garnett Road.
Owasso City Council
April 4, 2000
The consent agenda included minutes of the March 21, 2000 regular meeting, by reference made
a part hereto. Item B on the consent agenda included the following claims: (1) General Fund
$22,783.49; (2) Ambulance Service Fund $2,486.43; (3) Capital Improvements $15,871.36; (4)
Bond Projects $1,984.00; (5) City Garage $5,976.37; (6) Workers Comp Self-Insurance $685.61;
(7) Payroll $143,360.34; (8) City Garage Payroll $3,570.66. Item C requested approval of
Ordinance #636 approving a rezoning as authorized by Council action of March 21,2000. Item
D requested approval of Ordinance #637 approving action taken by the City Council on March
21, 2000 for annexation. Ms Voss moved, seconded by Dr Bode, to approve the consent agenda.
AYE: Voss, Bode, Williams, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPROV AL OF A RESOLUTION #2000-04, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, APPROVING
ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY
AUTHORIZING ISSUANCE, SALE AND DELIVERY OF PROMISSORY NOTE
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.
Bond Counsel Allan Brooks presented the item. Resolution #2000-04 approves action taken by
the Owasso Public Works Authority authorizing an interim construction loan with the Oklahoma
Water Resources Board to approve a construction loan from the Oklahoma Water Resources
Board in an amount not to exceed $2,620,000 and various documents and actions necessary to
complete the financing. The resolution also ratifies the previous lease and revenue pledges
between the City and the OPW A. Dr Bode moved, seconded by Ms Voss, to approve Resolution
#2000-04.
AYE: Bode, Voss, Williams, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPROVAL OF RESOLUTION #2000-03, A RESOLUTION ADOPTING
CERTAIN CERTIFICATION REQUIREMENTS FOR COACHES USING CITY
FACILITIES.
Mr Rooney presented the item. In August of 1991 the City Council approved Resolution #91-05,
adopting a formal coaching certification program that would require that all coaches be certified
prior to coaching youth sports in our community. Since that time, the youth sports program have
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Owasso City Council
April 4, 2000
expanded to include other sports. Resolution #2000-03 would require that coaches in all
organizations are certified for youth sports coaching prior to using any city facilities. The
resolution includes coaching certification with the National Youth Sports Coaches Association,
the Amateur Softball Association, and the Oklahoma Soccer Association. Ms Voss moved,
seconded by Mr Williams, to approve Resolution #2000-03.
AYE: Voss, Williams, Bode, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
ACCEPTANCE OF A QUIT-CLAIM DEED FROM CAPSTONE SOLUTIONS
INC.
Mr Rooney said that the city has received a Quit-Claim Deed from Capstone Solutions Inc for a
two-acre parcel of ground in Three lakes III addition which was originally platted as a park area.
The property was never deeded to an active homeowners association and developed as a park.
Over the years, it has been difficult to get the owners of the property to clear it of weeds and
debris and keep it cleaned up. City staff approached the current owner regarding donating the
land to the city for use as a small neighborhood park, as well as tying the area into a planned
bike/pedestrian trail. Dr Bode moved, seconded by Mr Williams, to accept the Quit-Claim Deed
from Capstone Solutions Inc to the City of Owasso for a park area located in Block Five of the
Three Lakes III Addition to the City of Owasso, and authorization for the Mayor to execute the
acceptance.
AYE: Bode, Voss, Williams, Barnhouse, Wilken
NAY: None
Motion calTied 5-0.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO FINAL
ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR THE
COMMUNITY CENTER ROOFING PROJECT, BETWEEN THE CITY OF
OWASSO AND SHELTON METRO ROOFING, AND AUTHORIZATION FOR
FINAL PAYMENT AND RELEASE OF RETAINAGE.
Mr Lutz said that one of the projects approved in the 1997 bond issue was improvements to the
Community Center, including replacement of ceiling tiles, new carpet and a new roof. The
roofing contract was awarded to Shelton Metro Roofing on February 17, 1999 in the amount of
$75,800. The Notice to Proceed was issued on March 30, 1999. One change order was issued in
the amount of $1141.43, bringing the total contract amount to $76,941.43. Several inspections
occurred during December 1999 and January 2000 because of continued leaking. All problem
areas have now been repaired, and the contractor has provided a one-year maintenance bond. Mr
Williams moved, seconded by Ms Voss, to accept the Community Center roofing proj ect, and
authorize final payment, including retainage, in the amount of$76,941.43.
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Owasso City Council
April 4, 2000
AYE: Williams, Voss, Bode, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE
#638, AN ORDINANCE PROVIDING FOR THE PERMITTING OF WASTE
HAULERS WITHIN THE CITY LIMITS OF THE CITY OF OW ASSO,
OKLAHOMA, AND DECLARING AN EMERGENCY.
Mr Carr said that about a year ago it came to the attention of city staff that a non-contracted
refuse collection provider was providing service to commercial customers within the city limits.
It is the opinion of the city attorney that our contract for commercial refuse collection is not
exclusive and other companies can provide service within the city limits. Provision of such
services has resulted in uncollected revenue by the city and does not conform to the Code of
Ordinances. In order to address the situation, staff has proposed that an ordinance be adopted to
provide for a Waste Collector Permit to permit collectors of commercial refuse within the city
limits of Owasso. The ordinance also contains provisions for collection of construction and
demolition debris. With implementation of permit fees, companies meeting specific permitting
criteria will be able to establish customer accounts within the city limits. Fees for services will
be determined by each company, and the companies will pay the city based on the established
fees per yard collected. Mr Williams moved, seconded by Ms Voss, to approve ordinance #638.
AYE: Williams, Voss, Bode, Bamhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #638.
An emergency clause has been attached to Ordinance #638, which will allow the ordinance to
become effective immediately upon publication. Ms Voss moved, seconded by Mr Williams, to
approve the attachment of an emergency clause to Ordinance #638.
AYE: Voss, Williams, Bode, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
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Owasso City Council
April 4, 2000
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE
#639, AN ORDINANCE APPLYING THE EXISTING AMBULANCE SERVICE
CHARGES TO SANITARY SEWER CUSTOMERS WITHIN THE CORPORATE
LIMITS OF THE CITY OF OW ASSO, OKLAHOMA, AND DECLARING AN
EMERGENCY.
Ms Bishop presented the item. On June 16, 1987, the City Council enacted an ordinance
implementing a mandatory surcharge on citizens water bills for the purpose of partially funding
ambulance service in the city. The two-dollar surcharge on water bills operates similar to a
subscription to the ambulance service. There are now citizens residing within the city limits who
are served by Owasso sanitary sewer, but not by Owasso water. In order to include those
citizens as subscribers to the ambulance service, staff is requesting that Council amend the
ordinance that establishes the mandatory surcharge. Ordinance #639 amends the funding for the
ambulance service to provide a rate increase on water service or sanitary sewer service. All
other provisions of the ambulance service ordinance remain the same. Dr Bode moved,
seconded by Ms Voss, to approve Ordinance #639.
AYE: Bode, Voss, Williams, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A THE
ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #639.
Because citizens residing within the city limits, but served by a rural water district are not
currently being charged the surcharge, an emergency clause has been added to ordinance #639,
making it effective immediately upon passage and publication. Dr Bode moved, seconded by Ms
Barnhouse, to approve the attachment of an emergency clause to Ordinance #639.
AYE: Bode, Barnhouse, Williams, Voss, Wilken
NAY: None
Motion carried 5-0.
ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE
#640, AN ORDINANCE APPROVING THE SANITARY SEWER RATES AND
SANITATION RATES ESTABLISHED BY THE OW ASSO PUBLIC WORKS
AUTHORITY PURSUANT TO OPWA RESOLUTION #2000-01, AND
DECLARING AN EMERGENCY.
Ms Bishop said that in December 1999, the City Council and the OPW A Trustees approved
agreements with Rural Water District #3, Rogers County and with Rural Water District #3,
Washington County specifying that the rural water districts will be responsible for billing and
collections of the City's utility charges for sanitary sewer, sanitation and ambulance subscription
services. Ordinance #640 approves utility rates established by OPW A Resolution #2000-01,
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Owasso City Council
April 4, 2000
such resolution facilitating the utility billing by the rural water districts. Mr Williams moved,
seconded by Dr Bode, to approve Ordinance #640.
AYE: Williams, Bode, Voss, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A THE
ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #640.
An emergency clause has been attached to Ordinance #640, making it effective immediately
upon passage and publication. Mr Williams moved, seconded by Dr Bode, to approve the
attachment of an emergency clause to Ordinance #640.
AYE: Williams, Bode, Voss, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A BID TO
PURCHASE SELF-CONTAINED BREATHING APPARATUS
COMMUNICATIONS EQUIPMENT.
Deputy Chief Stuckey presented the item. The FY 1999-2000 capital outlay budget in the fire
department contains $6000 for the purchase of a communications system for the self-contained
breathing apparatus. Bid packets were prepared and mailed to several vendors, and two bids
were received. Bids have been reviewed, and staff recommended the award of a bid to Wayest
Safety, Tulsa. Dr Bode moved, seconded by Ms Barnhouse, to award a bid for the purchase of
ten self-contained breathing apparatus communication systems to Wayest Safety Inc, Tulsa, OK
in the amount of$6014.30.
AYE: Bode, Barnhouse, Williams, Voss, Wilken
NAY: None
Motion carried 5-0.
ITEM 16 REPORT FROM CITY MANAGER
Mr Mitchell reported on the status of the city ha11lpolice station project. The project is cunently
out to bid.
ITEM 17: REPORT FROM CITY ATTORNEY.
No report.
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Owasso City Council
April 4, 2000
ITEM 18: REPORT FROM CITY COUNCILORS.
No report.
ITEM 19: NEW BUSINESS.
None.
ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
LITIGATION INVOLVING RANDY BROCK, PLAINTIFF, V CITY OF
OWASSO, A MUNICIPAL CORPORATION; RODNEY J RAY, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY AS CITY MANAGER FOR OW ASSO; AND
MARIA ALEXANDER, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY
AS CHIEF OF POLICE FOR OWASSO; CASE NUMBER 99-CV-S47 C(M), SUCH
DISCUSSION ALLOWED PURSUANT TO 25 OS, SECTION 307-B(4); AND
FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATED TO
THE POLICE DEPARTMENT, SUCH DISCUSSION ALLOWED PURSUANT TO
25 OS, SECTION 307-B(1).
Dr Bode moved, seconded by Mr Williams, to enter into executive session for the purposes
stated. Into executive session at 7: 15 p.m.
The Council returned from executive session and the Mayor reconvened the meeting at 8:0S p.m.
ITEM 21: CONSIDERATION AND APPROPRIATE ACTION ARISING OUT OF
DISCUSSIONS HELD IN EXECUTIVE SESSION REGARDING RANDY
BROCK, PLAINTIFF, V CITY OF OWASSO, A MUNICIPAL CORPORATION;
RODNEY J RAY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS
CITY MANAGER FOR OW ASSO; AND MARIA ALEXANDER,
INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS CHIEF OF POLICE
FOR OWASSO; CASE NUMBER 99-CV-S47 C(M).
Mr Harder said that following a disciplinary action that was overturned in grievance arbitration,
Randy Brock filed the above titled lawsuit in US. District Court for the Northern District of
Oklahoma. The suit proceeded through the pretrial processes and hearings to a pretrial
settlement conference. Under the jurisdiction of the US. Magistrate Judge, a settlement was
reached. As with many agreements reached to settle legal actions, the Court ordered that the
terms of the agreement be kept confidential. The Council was briefed in executive session of the
teIms and conditions of the Agreement and the Court's order of confidentiality. A part of the
City's insurance policy is a deductible amount to be paid by the City in the event of any
settlement paid by the insurer. The deductible amount owned by the City to National American
Insurance Company is $1000. Dr Bode moved, seconded by Mr Williams, to approve and ratify
the settlement agreement in the above captioned case, and to approve payment of deductible
amounts associated with the settlement agreement.
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Owasso City Council
April 4, 2000
AYE: Bode, Williams, Voss, Barnhouse, Wilken
NAY: None
Motion carried 5-0.
ITEM 22: ADJOURNMENT
Dr Bode moved, seconded by Mr Williams, to adjourn.
AYE: Bode, Williams, Voss, Barnhouse, Wilken
NAY: None
Motion carried 5-0, and the meeting was adjourned at 8:10 p.m.
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