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HomeMy WebLinkAbout1996.11.19_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 19, 1996 The Owasso City Council met in regular session on Tuesday, November 19, 1996 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 15, 1996. ITEM 1: CALL TO ORDER Mayor Ewing called the meeting to order at 7:05 p. m. ITEM 2: INVOCATION The invocation was given by Pastor Andrew Rankin of Freedom Baptist Church in Owasso. ITEM 3: FLAG SALUTE Mayor Ewing led in the flag salute. ITEM 4: ROLL CALL PRESENT ABSENT Danny Ewing, Mayor Joe Ramey, Vice Mayor Mary Lou Barnhouse, Councilor Michael Helm, Councilor Tracy Standridge, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: SPECIAL PRESENTATION TO MR GARY WELLS. Mayor Ewing and Ray Haynes, Chairman of the Owasso Planning Commission presented a placque to Gary Wells in recognition of his seven years of service to the citizens of Owasso as a member of the Planning Commission. Mr Wells has resigned from the Planning Commission because of ill health. Owasso City Council November 19, 1996 ITEM 6: PRESENTATION OF CERTIFICATE OF APPRECIATION TO RESERVE OFFICER DAN TAYLOR Mayor Ewing and Chief Alexander presented a Certificate of Appreciation to Reserve Officer Dan Taylor. Officer Taylor is resigning after fifteen years with the reserve officer program. ITEM 7: REQUEST APPROVAL OF THE MINUTES OF NOVEMBER 5 1996 REGULAR MEETING. Mr Ramey moved, seconded by Mr Standridge, to approve the minutes as submitted, by reference made a part hereto. AYE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 8: REQUEST APPROVAL OF THE CLAIMS Mr Standridge moved, seconded by Mr Ramey, that the following claims be approved as submitted: (1) General Fund $27,091.19; (2) Ambulance Service Fund $73.10; (3) E-911 Fund $1,844.05; (4) City Garage $4,127.10; (5) Capital Improvements $43,563.39; (6) Payroll $115,319.51; (7) City Garage Payroll $2,099.62. AYE: Standridge, Ramey, Helm, Barnhouse, Ewing NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A PRESENTATION REGARDING CONSTRUCTION REQUIREMENTS FOR THE SIXTH GRADE CENTER Mr Dale Johnson, Owasso Superintendent of Schools, addressed the Council with concerns relating to construction of a sixth grade center. Also present were members of the Board of Education, school teachers and principals, PTO members, and members of the bond advisory committee. Mr Johnson asked the City Council for an affirmative vote requesting that the Board of Adjustment reconsider their requirement that the school construct an escape lane for southbound traffic on 129th East Ave. He said that it would cost over $200,000 and that classrooms would have to be sacrificed if the escape lane is constructed. Mr Johnson said that he had been unable to get a building permit because of the requirement. Mr Rooney, 2 Owasso City Council November 19, 1996 Community Development Director, said that the building permit is a separate issue and can be issued as soon as a safety plan with crosswalk and flashing lights is approved by the city engineer. He said that the Board of Adjustment requirements must be met before the building can be occupied, not before a building permit is issued. City Manager Rodney Ray said that City Council, by law, cannot override a decision by the Board of Adjustment, but may recommend to that body that they reconsider the decision. Members of the Planning Commission who were present said that they had been approached by citizens with complaints about traffic congestion at the ninth grade center and had been asked why a requirement was not made for extra traffic lanes near schools. Mr Rooney said that if the school system wants to deviate from the site plan, two options are available. The school system may request reconsideration of the conditions of approval of the Owasso Sixth Grade Center site plan from the Planning Commission, or the applicant may request reconsideration of the conditions of approval for the Special Exception of the Owasso Sixth Grade Center through the Board of Adjustment. Those decisions may be appealed to the District Court, but the City Council cannot intervene. Also speaking in favor of reconsideration was Jan Gaylord, representing the Mills School PTO. Mr John Groth asked Mr Johnson if any contact was made with city staff prior to the selection of a school site to see what concerns there might be with the site. Mr Johnson said that no contact had been made. At the conclusion of the discussion, Mr Ray, Mr Johnson, and the City Council agreed to discuss some kind of cost sharing measure, perhaps with the County, for the construction of the escape lane if the Board of Adjustment will not reconsider the requirement. The City Council took no formal action on the matter. Mayor Ewing recessed the meeting at 8:20 p. m. and reconvened at 8:35 p. m. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO THE AMBULANCE CAPITAL FUND IN THE AMOUNT OF $91,684. The FY 1995-96 budget included funds for the purchase of a replacement ambulance. On January 2, 1996, a contract was awarded to Senor Emergency Vehicle Sales for the purchase of an ambulance. The ambulance was not delivered until after the end of the fiscal year, when a check was delivered to the contractor. Due to an oversight, a supplemental appropriation for carry-over funds was not presented to the Council. This item is a request for approval of a supplemental appropriation in the amount of $91,684 to the Ambulance Capital Fund from reserves held by that fiend. Mr Ramey moved, seconded by Mr Standridge, to approve the requested supplemental appropriation. AYE: Ramey, Standridge, Helm, Barnhouse, Ewing NAY: None Motion carried 5-0. 3 Owasso City Council November 19, 1996 ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #532. AN ORDINANCE AMENDING PART 4, ANIMALS CHAPTER 1 ANIMAL REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO Action was taken by the City Council at the November 5th meeting to table this item for two weeks to address some questions that had been raised. Those questions were still not addressed because of some scheduling conflicts preventing meetings with the persons having questions. Staff recommended that action on this item be tabled until such time as it is appropriate that it be placed on an agenda. Mr Ramey moved, seconded by Mr Standridge, to table action on this item and authorize the City Manager to place the item on a future agenda. AYE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. Mayor Ewing announced that there would be a meeting at 2:00 p. m. on Thursday, November 21 at the Animal Shelter to address the questions that were raised. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ 96 O1 A REQUEST TO REZONE A TRACT OF LAND FROM AG (AGRICULTURE) AND RS-2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) TO CS (COMMERCIAL SHOPPING CENTER) AND RS 2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) SUCH PROPERTY LOCATED NORTH AND WEST OF THE NORTHWEST CORNER OF EAST 86TH STREET NORTH AND NORTH 145TH EAST AVENUE CONTAINING 141.30 ACRES. MORE OR LESS Silver Creek Development LLC has requested rezoning of the above-mentioned tract in order to establish underlying zoning for a planned unit development. The zoning request was approved by the Owasso Planning Commission on November 12, 1996. Several nearby property owners attended that meeting. Mr Tim Terrell of Pittman, Poe & Associates presented the request for zoning, and answered questions concerning the PUD. Mr Helm moved, seconded by Ms Barnhouse, to approve rezoning request OZ-9601, as recommended by the Owasso Planning Commission. AYE: Helm, Barnhouse, Standridge, Ramey, Ewing NAY: None Motion carried 5-0. 4 Owasso City Council November 19, 1996 ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-14, A REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT LOCATED NORTH AND WEST OF EAST 86TH STREET NORTH AND NORTH 145TH EAST AVENUE CONTAINING 136.30 ACRES OF RESIDENTIAL DEVELOPMENT AND 5 ACRES OF COMMERCIAL DEVELOPMENT. This item is related to Item 12, but requires separate Council action. Three different lot sizes are proposed as a part of the residential portion of the development. The southern one-third of the property is designated for executive homesites (70' x 125'), and the northern two-thirds will feature premier homesites (80' x 130'), with the area to the east of the proposed Nottingham III addition and around the existing pond featuring lots of 100' x 135'. Five acres on the northwest corner of 86th St N and 145th East Ave are designated Commercial Shopping Center. Because of the proximity of Hodson Elementary School, the applicants have included language within the PUD prohibiting free standing bars or taverns and adult entertainment businesses within this area. The Planning Commission approved the PUD at their November 12, 1996 meeting, with the following 17 conditions recommended by staff: 1. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. 2. That unless specifically set out in the standards and conditions of this PUD, single-family lots shall meet the requirements of a typical RS-2 district. 3. That unless specifically set out in the standards and conditions of this PUD, all commercial development shall meet the requirements of a typical CS district. 4. That within the PUD, the maximum number of dwellings shall not exceed 467 (underlying RS-2 zoning would permit up to 525 dwelling units). 5. That the reference on page 16 of the PUD text pert<lining to a lien being placed on a Homeowners Association member's "personal property" be changed to "real property". 6. That minor transfers (15% increase in a development area's density) of dwelling units from one residential development area to another can occur if a significant change in the character of either development area is not created. 7. That all conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. 8. That no building permits be issued within any portion of the PUD until all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations are met by the developer. 9. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 10. That a detailed drainage report be submitted at the time of platting, and certification of such document by an engineer. 5 Owasso City Council November 19, 1996 11. That if the eventual street layout is similar to that which is proposed, a stop sign shall be required at the third four-way intersection from East 86th St N. 12. That the northernmost access point to North 145th East Ave from the PUD property shall line up with the southernmost access point of the Whispering Pines Addition (Rogers County). 13. Acceleration/deceleration lanes will be required on East 86th St N and North 145th East Ave. 14. Sidewalks will be required along East 86th St N and North 145th East Ave. 15. No flag lots are permitted within any portion of the PUD. 16. If needed, the commercial area may be required to provide on-site detention. This to be determined at site plan review for commercial property. 17. Detailed landscaping plans (type, species, size, location, imgation) shall be required to be submitted with site plans of any commercial development. Said plans will be reviewed by staff and must be approved by the Planning Commission. Mr Ramey moved, seconded by Mayor Ewing, to approve OPUD-14 on the 141.20 acres as recommended by the Owasso Planning Commission, with the 17 conditions contained in the staff report. AYE: Ramey, Ewing, Barnhouse, Standridge, Helm NAY: None Motion carried 5-0. ITEM 14: REPORT FROM CITY MANAGER Mr Ray reported that the Owasso Rotary Club has donated funds, material and labor to construct a shelter in the east part of Elm Creek Park on the existing slab. That work is in progress. The annual "Lights On" ceremony will be held on December 2nd at 6:30 p. m. in Friendship Park. ITEM 15: REPORT FROM CITY ATTORNEY No report. ITEM 16: REPORT FROM CITY COUNCILORS Councilor Helm reiterated the request that the City Council and Board of Education work together to resolve the problem associated with the sixth grade center, as well as any future problems that might occur. He also said that members of the Board of Adjustment and Planning Commission are volunteers, and thanked them for their service. Mr Helm thanked the Fire Department for holding their overtime down and he thanked Chief Alexander for providing an explanation relating to Police Department overtime. He asked about the ambulance ordinance and Mr Ray said that it is almost ready for preliminary discussion. 6 Owasso City Council November 19, 1996 ITEM 17: UNFINISHED BUSINESS Councilor Helm asked if the two power poles on 97th East Ave had been moved by PSO as they agreed. Mr Lehr said that they have not. Mr Helm also requested a Council work session to discuss permitting any electric utility company into the Owasso service area. ITEM 18: NEW BUSINESS None. ITEM 19: ADJOURNMENT Mr Ramey moved, seconded by Ms Barnhouse, to adjourn. AYE: Ramey, Barnhouse, Standridge, Ewing NAY: None Motion carved 5-0, and the meeting was adjourned at 9:02 p.m. 'lZ2u ~l~ D Ewi ,Mayo Marci Boutwell, City Clerk 7