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HomeMy WebLinkAbout1981.10.29_City Council MinutesOn Tuesday, October 29, 1981, the Owasso City Council met in Special Session in the Council Chambers at City Hall, per the Notice of Public Meetings and Agenda posted on City Hall bulletin board at 3:00 PM on October 28, 1981, and by refer- ence is made a part hereof. The meeting was called to order at 7:04 PM by Mayor Wasserman who led us in the flag salute. Present: Lyle Wasserman, Mayor Phyllis Gross, Vice Mayor Boyd Spencer, Councilman Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, City Clerk Absent: James Smalley, Councilman The purpose of the special meeting was to hear an appeal of the Planning Commis- sion's recommendation to deny rezoning from IL Light Industrial to RHM Mobile Home, a tract of land in the East half of the Northeast quarter of Section 31, Township 21 North, Range 14 East. When this item appeared before the Council on October 6, 1981, the applicant, Lloyd Kennedy, as directed to provide our City Engineer with information on which to base a recommendation to the City Council. dir. Lloyd Larkin, attorney for the applicant, advised Council they did not get the necessary information to our engineer until this date. He said the delay was due to being unable to get records from the Corps of Engineers any sooner. Mr. P4ansur commented they could still make the presentation of their case but he would not be in a position to agree or disagree at this time. Mr. Charney advised Council this area became a dangerous area for people to live and we do not have to allow the continued use of it. He said if they can show us it will not flood okay, but we can stand on the law and not let them put in the mobile homes. He commented this case may go to court if it is denied them by the Council. Mr. Hopkins was called as a witness by Mr. Larkin and testified he was the for- mer owner prior to Mr. Kennedy and had the park to a pre-existing, non conform- ing use and the City of Owasso refused to turn on City utilities sometime in 1979 after work was done on the park. He said he always wanted to open it as a mobile home park but could not because the City refused services. Mayor Wasserman commented he did not understand this procedure as we are here on an appeal of the Planning Commission, not a court, and he is interested in what the present owner plans to do. Mr. Larkin replied that under the Statutes of Oklahoma it is necessary for them to ask all these questions of witnesses in order for them to appeal the City's decision in court, and to establish the water was turned off against Mr. Hopkins will. Mr. Charney asked Mr. Hopkins when he bought the park and Mr. Hopkins responded in 1979. Mr. Charney then asked him if he knew the park flooded in 1974 and Mr. Hopkins said yes. Mr. Hopkins added that he bought it from the bank as a fore- closure and they advised him he should check into being able to open a mobile home park. Owasso City Council Page Two October 29, 1981 The next witness called by Mr. Larkin was the applicant, Lloyd Kennedy, who commented he has been in the mobile home retail sales business for many years. Mr. Larkin questioned Mr. Kennedy about what his plans are for the park and Mr. Kennedy said they will have restrictions and make the park an asset to the City. He said on advise from the Corps of Engineers they will dredge Ranch Creek and have documents from the engineer that it can handle water flow. He said the dike will be brought up to 5.88 which is in excess of the 50 year flood plain and will be adequate protection. They plan to make from $150,000.00 to $250,000.00 in improvements to the present park. He said the rain that goes inside the park will go out of flappers and there will be a pump system to flow the water. The applicant's engineer, Mr. Fred Gaugar, was called as a witness and Mr. Mansur acknowledged Mr. Gaugar as a qualified expert witness. Mr. Gaugar pre- sented maps and charts and stated there is 1,267 acres of water shed and the area contributes to the creek which is apart of the calculations. He said the total rainfall runoff is 2,242 CFS on the 100 year basis. Exhibit C by Mr. Gauger was a chart on dikes that indicated they are from 5.85 to 5.87 and the flow at a depth of 8.15 feet. It was discussed if Bird Creek always floods and there was some disagreement on the point. Mr. Gauger said the Skiatook resourvoir will reduce the flood level and it will be completed in 1983 and the target date for completion of the dam is April of 1982 for flood control. Mr. Kennedy committed to the City Council that they will not open the park until they have the flood control. He said they will have four feet of flood control. Mr. Wasserman commented the Council was elected to protect people's interest and in order for them to do this they have established the Planning Commission and the City Engineer. He said when all these facts are proven to the Planning Com- mission then bring it to the Council. Mr. Charney said they have been through that process but we can ask them to restudy it and represent it to the Planning Commission. Mr. Larkin said the record already shows that the Planning Commis- sion recommended denial but they would still like to put on all their evidence tonight then our City Engineer can study the materials that he was given. Mr. Larkin commented the denial recotrnnendation is because the City Planner's training is to not allow people to live in a flood plain. Mr. Charney asked Ms. Dickey to state her name and occupation to which she responded she is Carol Dickey, Owasso City Planner. Mr. Charney stated she heard the comment just made and asked her if she received sufficient information from the City Engi- neer that this could be a viable mobile home park would it change her mind. She responded it might, as she would not say she would never change her mind. Mr. Gaugar said he can make recommendations to Mr. Kennedy on how to get the water out through three 36" reinforced pipes and the storage of water within the area can be by digging a pond. Owasso City Council Page Three October 29, 1981 Mr. Thompson commented he understood the Corps of Engineers' minimal work is 100 year and they prefer to go even higher than that. Mr. Mansur commented that for the hundred year elevation plus one foot the dikes should be 5.90 or 5.91. He said they agreed closely on the drainage but the flows are seriously different in agreement and he could not agree with the 25 foot channel. Mr. Larkin responded that what Mr. Mansur refers to regarding our ordinances does not apply to an existing mobile home park. The next witness called by Mr. Larkin was James Knighten who has been in the mobile home insurance and financing business for 21 years and is Vice President of American Modern Home Company and has experience in the flood insurance area. He was asked if the proposed mobile home park was raised above the 2% flood level would he offer insurance coverage and he responded his company would insure mobile homes in that park against flood when the dam in Skiatook is completed and also federal insurance is available in a flood plain. He commented the rates would be the same in a 50 year or 100 year area but he would not want a great concentration of insurance coverage in that park or in any area. Mr. Charney asked him how many homes in that area would be insured and he answered he would insure 30% of the 152 proposed trailers and there is competition that would in- sure the others. Mr. Kennedy was asked if it is his proposal to raise the dikes to 5.88 and he answered yes, and also clean out and change the flow rate and widen the creek and whatever is necessary to give a safety factor to the people and put in re- tention ponds and pumps to handle the rain that falls within the dikes to at least a 50 year level. Mr. Charney asked Mr. Kennedy if he would go to the 100 year level and Mr. Kennedy replied it could be done without a lot of trouble. Mr. Charney recommended turning this information to the City Engineer and re- ferring it back to our Planning Commission. Mr. Thompson said it is his understanding you cannot build within a floodway itself which Ms. Dickey said runs through the park. Mr. Mansur and ris. Dickey were not certain but Mr. Larkin said that is not true. P4r. Larkin said in closing he would like to say it is the Council's absolute right to refer it for review but they have made a committment that if the Coun- cil approves the appeal by a variance or a rezoning, to raise it to 5.88 or reasonably higher, at least 2% floodlevel, and flood insurance is available at reasonable rates and the federal government will provide flood insurance if they will not, and make it more than a reasonably safe area for people to live in a first class mobile home park. Motion was made by John Stadler, seconded by Phyllis Gross, to refer appeal of Planning Commission recommendation to deny rezoning from IL Light Industrial to RP~I Mobile Home back to the Planning Commission and City Engineer for study. Ayes - Messrs. Wasserman, Spencer, Stadler and Mrs. Gross Nays - None Owasso City Council Page Four October 29, 1981 Motion carried. Mr. Larkin requested the City Engineer to report what it will take, in his opinion, for it to be safe and Mr. Mansur responded they should submit it in the way they plan to do it and we will work from that. Fred Gaugar said 30 days would be adequate for him to get the information to Mr. Mansur and then Mr. Mansur said he could then have it to the Planning Commission for the Decem- ber 17th meeting. Being no further business beforec the Owasso City Council, Chair adjourned at 9:04 PM. (.(J L e L~ WasseL-iuan, N[a.yor !.