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HomeMy WebLinkAbout1995.03.21_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 21, 1995 The Owasso City Council met in regular session on Tuesday, March 21, 1995 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 17, 1995. ITEM 1: CALL TO ORDER Mayor Duke called the meeting to order at 7:02 p.m. ITEM 2: INVOCATION The invocation was given by Rev Michael Asher, Pastor of the First United Methodist Church in Owasso. ITEM 3: FLAG SALUTE The flag salute was led by Mayor Duke. ITEM 4: ROLL CALL PRESENT ABSENT Jerry Duke, Mayor Charles Burns, Vice Mayor Mary Lou Barnhouse, Councilor Danny Ewing, Councilor Toe Ramey, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: PRESENTATION OF CERTIFICATE OF RECOGNITION. Mayor Duke read a statement about Mr Tom Wheeler, who recently retired after 41 years at Oklahoma Natural Gas. Councilor Barnhouse presented Mr Wheeler with a Certificate of Appreciation for his service to the citizens of Owasso. Owasso City Council March 21, 1995 ITEM 6: RECOGNITION OF OUTSTANDING EMPLOYEES. City employees who made contributions of time towards the Home & Garden Show booth were recognized by the Mayor and City Manager. Marcia Boutwell, David Warren and Tim Rooney served on the Home & Garden Show Committee. Ms Boutwell, Mr Warren, Mr Rooney, Robert Can, Michele Christensen, Lisa Melchior, Jim McElrath, Pat Nicholson, Gary Orr, Charlotte White and Jan Worley all worked in the booth during the show. The Mayor presented Certificates of Recognition to David Warren and Brian Dempster for their work in constructing the tower for the booth and setting up and dismantling the booth. ITEM 7: REQUEST APPROVAL OF THE MINUTES OF MARCH 7, 1995 REGULAR MEETING. Mr Burris moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. AYE: Bums, Barnhouse, Ewing, Ramey, Duke NAY: None Motion carried 5-0. ITEM 8: REQUEST APPROVAL OF THE CLAIMS. Mr Bums moved, seconded by Mr Ewing, that the following claims be approved, with the requested claims removed: (1) General Fund $20,745.03; (2) Community Center $1,252.00; (3) Ambulance Service Fund $1,613.53; (4) E-911 $1,686.73; (5) City Garage $4,037.61; (6) Interfund Transfers $4,825.39; (7) General Fund Payroll $95,185.46; (8) City Garage Payroll $1,887.19. AYE: Burris, Ewing, Barnhouse, Ramey, Duke NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST BY THE IAFF TO REOPEN CONTRACT NEGOTIATIONS WITH THE CITY FOR FISCAL YEAR 1994-95. The City Council approved a contract with IAFF Local #2789 on June 21, 1994 for FY 1994- 95. The Union has requested that those contract negotiations be reopened pursuant to a 2 Owasso City Council March 21, 1995 statement made by the City Manager that he would support reopening negotiations with the IAFF if any other group received more money than they did. The FOP did receive more money and the IAFF requested reopening negotiations. There was no reopening clause in the contract approved by the City Council, therefore the only avenue for negotiations to be reopened is for the City Council to approve such an action. Local IAFF President Mike Sole was asked by Mr Bums if a pay raise was the only consideration for the request to reopen negotiations. Mr Sole said that it was. The Council discussed postponing a decision until the next regular meeting so that some legal questions could be checked out. Mr Bums asked Mr Sole if such action would cause a problem. Mr Sole said that it would not. Mr Burris also requested that the IAFF submit in writing the issues they want reopened. Mr Burris moved, seconded by Ms Barnhouse, that action on this item be postponed until the April 4 meeting and that the IAFF submit their issues in writing prior to that meeting. AYE: Burris, Barnhouse, Ewing, Ramey, Duke NAY: None Motion tamed 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-95-O1 A REQUEST TO REZONE AN 8.86 ACRE TRACT OF LAND FROM AG (AGRICULTURE) TO CG (COMMERCIAL GENERAL) AND OM (OFFICE MEDIUMI SUCH PROPERTY LOCATED WEST OF THREE LAKES III ADDITION AND NORTH OF OWASSO WAL-MART. Tyann Development has requested rezoning approximately 8.86 acres of land located directly north of Owasso Wal-Mart. The applicants requested a rezoning to CG (commercial general) and OM (office medium) to allow for commercial and office development with a landscaped buffer zoned OM. The zoning request was reviewed by the Planning Commission on March 14th. Several area property owners attended that meeting and voiced concern regarding the proximity of commercial zoning to their property. Concerns were also voiced about the types of structures and business that would locate on the property. The Planning Commission unanimously recommended approval of the zoning request. Several area residents also attended the City Council meeting. The Council was addressed by Randy Glassner and Chris Kuckler, who expressed the same concerns as those addressed at the Planning Commission meeting. Mr Steve Compton, representing the applicant, responded to the concerns. Following discussion, Mr Bums moved to approve the rezoning request as presented. Motion seconded by Mr Ramey. 3 Owasso City Council March 21, 1995 AYE: Burris, Ramey, Ewing, Duke NAY: None ABSTAIN: Barnhouse Motion carried 4-0-1. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #495, AN ORDINANCE PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 126 ACRES LOCATED AT THE SOUTHEAST CORNER OF EAST 96TH STREET NORTH AND GARNETT ROAD (MR AND MRS HAYWARD SMITH, PETITIONERS Mr & Mrs Hayward Smith have submitted to the City of Owasso a petition for annexation of approximately 126 acres of undeveloped property located east of Garnett Road and northwest of Highway 169. The Technical Advisory Committee, Annexation Committee, and Planning Commission all reviewed the request. The TAC had no comments and both the Annexation Committed and Planning Commission unanimously recommended approval. Mr Burns moved, seconded by Mr Ramey, to approve Ordinance #495, annexing the subject tract. AYE: Burris, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0. Mayor Duke recessed the meeting at 8:15 p.m. and reconvened at 8:35 p.m. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN OFFER TO PURCHASE PROPERTY OWNED BY CITY/OPWA. The City has received an offer for the purchase of property located just south of the Recycle Center at a total price of $7500 ($5000 per acre). The purchaser plans to locate a small manufacturing facility on the property. The company currently has four full-time employees, with the possibility of an increase to six with a new facility. Staff reviewed the offer and believes that, even though the per acre price offered is slightly lower than the price paid for the nearby NSP property, the absence of other offers over the past three years indicates the property does not have good appeal to potential buyers. After discussion about appraisal of the property and associated costs, Mr Burns moved to authorize the City Manager to make an offer to Mr Roy Fickle for his purchase of the property for $7500, with four conditions attached to the final contract for sale: (1) Requirement that construction of the facility begin within six months from the date of closing, (2) Requirement that the firm employ at least four employees within one year 4 Owasso City Council March 21, 1995 of start up, (3) Letter of commitment for construction financing or confirmation that construction capital is in place prior to closing, and (4) Buyer pays for survey, abstract, lot split and zoning charges. Motion seconded by Mr Ewing. AYE: Bums, Ewing, Barnhouse, Ramey, Duke NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION FOR THE CITY ATTORNEY TO FILE A DISCLAIMER OF INTEREST IN THE MATTER OF THE UNITED STATES OF AMERICA VS R L "PETE" PERRY. ET AL. The City has been served as a co-defendant in a legal action wherein the U.S. Department of Housing and Urban Development is seeking foreclosure on property owned by R L "Pete" Perry and others. At one time the City held a cleaning and mowing assessment lien on the property, however, that lien has been satisfied. The disclaimer is a document that states that the City has no claim against the property and no interest in the property in any form. This removes the City from legal action. Mayor Duke moved, seconded by Mr Burris, to authorize the City Attorney to file a Disclaimer of Interest in the above-referenced matter. AYE: Duke, Burns, Ewing, Barnhouse, Ramey NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF OWASSO AND INCOG. The City of Owasso has received a grant award in the amount of $200,000 for the purpose of assisting in the development of infrastructure needs for National Steak and Poultry Inc. INCOG has agreed to administer this grant for the City at a cost of $8569. That cost is paid from the grant proceeds and does not require any matching funds from the City. Mr Burns moved, seconded by Mr Ewing, to approve the Agreement for Administrative Services between the City of Owasso and INCOG providing for payment of $8569, and that the Mayor be authorized to execute the document. 5 Owasso City Council March 21, 1995 AYE: Burns, Ewing, Barnhouse, Ramey, Duke NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF OWASSO AND INCOG. The City of Owasso has received a grant award in the amount of $197,800 for the purpose of repairing and replacing wastewater lines in eligible areas of the city (south of 76th St). INCOG has agreed to administer this grant for the City at a cost of $8600. That cost is paid from the grant proceeds and does not require any matching funds from the City. Mr Ramey moved, seconded by Mayor Duke, to approve the Agreement for Administrative Services between the City of Owasso and INCOG providing for payment of $8600, and that the Mayor be authorized to execute the document. AYE: Ramey, Duke, Ewing, Barnhouse, Bums NAY: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF_WORK PERFORMED UNDER A CONTRACT FOR 76TH STREET NORTH PHASE II IMPROVEMENTS BETWEEN THE CITY OF OWASSO AND EMPIRE CONSTRUCTION & MATERIALS INC; AND BETWEEN THE CITY OF OWASSO AND APAC- OKLAHOMA INC, AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO THE CONTRACTORS. The intersection improvements at 76th St N and Main have been completed by the two contractors working on the project. Because of delays in moving utilities and existing signalization attached to the pole at the southeast corner of the intersection, the original contract time was extended by 100 calendar days to January 30, 1995. After an inspection was made of the project, a punch list developed. Although the intersection was operational by January 30, all work was not completed until February 6. Under the terms of the contract, liquidated damages can be assessed at $500 per day. In the interest of finalizing the project, staff believes that the issues pertaining to liquidated damages is relatively insignificant with respect to closing out the project. Apac-Oklahoma (one of the contractors) has agreed to provide some additional land striping and arrows, which the staff believes would enhance the traffic flow. Following 6 Owasso City Council March 21, 1995 discussion Mr Burns moved, seconded by Mr Ramey, to accept the 76th and Main project and authorize final payment to Empire Construction Inc; with authorization of final payment to Apac- Oklahoma upon completion of additional travelway arrows and lane striping. The motion further stated that liquidated damages would not be assessed to either contractor. AYE: Burns, Ramey, Ewing, Barnhouse, Duke NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO DESIGNATE THE MAYOR AS THE CITY'S CERTIFYING OFFICER AS PROVIDED FOR BY THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 FOR THE PURPOSE OF SIGNING CERTAIN DOCUMENTS TO COMPLETE THE REQUIREMENTS OF THE NSP CDBG ED PROJECT. This item was placed on the agenda to designate the Mayor as the certifying officer to sign the required documents in regard to the infrastructure improvements connected with the NSP project. Mr Bums moved, seconded by Mr Ewing, to so designate the Mayor as the certifying officer for the NSP infrastructure project. AYE: Burris, Ewing, Ramey, Barnhouse, Duke NAY: None Motion carried 5-0. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST THAT A FINDING OF "NO SIGNIFICANT IMPACT ON THE ENVIRONMENT" WILL OCCUR AS A RESULT OF THE NSP CDBG ED PROJECT. This item is one of a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the NSP project. It is a house cleaning type item. Mayor Duke moved, seconded by Mr Burns, to approve the recommendation of staff as set forth in the agenda. 7 Owasso City Council March 21, 1995 AYE: Duke, Burns, Ewing, Ramey, Barnhouse NAY: None Motion carried 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A FINDING BY THE CITY COUNCIL THAT ADMINISTRATIVE AND ENGINEERING SERVICES RELATING TO NSP CDBG ED PROJECT ARE EXEMPTED FROM THE REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 DUE TO THE NATURE OF THESE ACTIVITIES AND IN ACCORDANCE WITH " 24 CFR PART 58". This item is one of a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the NSP project. It is a house cleaning type item. Mr Ramey moved, seconded by Ms Barnhouse, to approve the recommendation of staff as set forth in the agenda. AYE: Ramey, Barnhouse, Ewing, Burns, Duke NAY: None Motion carried 5-0. ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE AN ENVIRONMENTAL CERTIFICATE FOR NSP CDBG ED PROJECT. This item is one of a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the NSP project. It is a house cleaning type item. Mr Ewing moved, seconded by Ms Barnhouse, to approve the recommendation of staff as set forth in the agenda. AYE: Ewing, Barnhouse, Ramey, Bums, Duke NAY: None Motion carried 5-0. 8 Owasso City Council March 21, 1995 ITEM 21: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A "REQUEST FOR THE RELEASE OF FUNDS" . AND THAT THE MAYOR BE AUTHORIZED TO EXECUTE SUCH DOCUMENTS AS REQUIRED TO GAIN A RELEASE OF FUNDS FOR NSP CDBG ED PROJECT. This item is one of a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the NSP project. It is a house cleaning type item. Mayor Duke moved, seconded by Ms Barnhouse, to approve the recommendation of staff as set forth in the agenda. AYE: Duke, Barnhouse, Ewing, Ramey, Burns NAY: None Motion carried 5-0. ITEM 22: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN "ADTIDISPLACEMENT PLAN" FOR NSP CDBG ED PROJECT. This item is one of a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the NSP project. It is a house cleaning type item. Mr Bums moved, seconded by Mr Ewing, to approve the recommendation of staff as set forth in the agenda. AYE: Burns, Ewing, Barnhouse, Ramey, Duke NAY: None Motion carried 5-0. ITEM 23: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A "MANAGEMENT PLAN" FOR NSP CDBG ED PROJECT. This item is one of a series of steps that have to be taken in order for the Oklahoma Department of Commerce to release the CDBG funds for the infrastructure improvements connected with the NSP project. It is a house cleaning type item. Ms Barnhouse moved, seconded by Mr Ramey, to approve the recommendation of staff as set forth in the agenda. 9 Owasso City Council March 21, 1995 AYE: Barnhouse, Ramey, Ewing, Bums, Duke NAY: None Motion carried 5-0. ITEM 24: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PURCHASE OF MATERIALS FOR THE INSTALLATION OF WATER AND WASTEWATER LINES AT THE SPORTS PARK. This project is one that has been identified as being crucial to the completion of Phase II of the Sports Park project. An amendment to the Capital Improvements Fund budget on January 3, 1995 provided the funding for the project. Installation of the lines will be provided by public works department personnel. Mr Burris moved, seconded by Ms Barnhouse, to approve the expenditure of $2832.82 to Water Products for materials for the installation of wastewater lines, and $1544.24 to Water Products for materials for the installation of water lines at the Sports Park. AYE: Bums, Barnhouse, Ramey, Ewing, Duke NAY: None Motion carved 5-0. ITEM 25: REPORT FROM CITY MANAGER No report. ITEM 26: REPORT FROM CITY ATTORNEY No report. ITEM 27: REPORTS FROM CITY COUNCILORS Mayor Duke reported that he had presented a proclamation to DeMolay naming March 12-19 as International DeMolay Week in Owasso. The Mayor also reported that Channel 2 did a story on Saturday on the NSP project and other growth in Owasso. ITEM 28: UNFINISHED BUSINESS None. 10 Owasso City Council ITEM 29: NEW BUSINESS None. ITEM 0: ADJOURNMENT Mr Ramey moved, seconded by Mr Burns to adjourn. AYE: Ramey, Burris, Barnhouse, Ewing, Duke NAY: None Motion carried 5-0 and the meeting was adjourned at 9:14 p.m. March 21, 1995 erry uke, Mayor Marci Boutwell, City Clerk 11