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HomeMy WebLinkAbout2015.11.17_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 17, 2015 The Owasso City Council met in regular session on Tuesday, November 17, 2015, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, November 13, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Pastor Ami Shaffer of Destiny Life Church. 3. Flag Salute Councilor Bonebrake led the flag salute. 4. Roll Call Present Absent Mayor - Jeri Moberly None Vice - Mayor- Lyndell Dunn Councilor- Doug Bonebrake Councilor- Bill Bush Councilor -Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 5. Citizen, Kenneth Yates, has requested to address the Council relating to a storm water drainage repair project on the Bradford Pond in the Silver Creek subdivision Mr. Yates addressed the Council and presented documents. Mayor Moberly requested the City Manager review the information and report at the December 8, 2015, Worksession. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • November 3, 2015, Regular Meeting • November 10, 2015, Regular Meeting B. Approve claims C. Accept the donation from Southern Agriculture and approve a budget amendment in the Police Half -Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures by $3,000 D. Accept public infrastructure improvements: Taco Bell (13315 E 1 16th St N) E. Accept public infrastructure improvements: Rejoice Christian Campus Phase I (10701 N 1291h E Ave) F. Approve a budget amendment increasing the estimated revenues and the appropriation for expenditures in the General Fund, Community Center by $310.73 Owasso City Council November 17, 2015 Page 2 Dr. Kelley moved, seconded by Mr. Bonebrake to approve the Consent Agenda with claims totaling $236,114.73. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to a donation from Friends of Owasso Police and a budget amendment in the Police Half -Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures by $5,759.64 Scott Chambless presented the item recommending acceptance of a donation from Friends of Owasso Police and approval of a budget amendment in the Police Half -Penny Sales Tax Fund, increasing the estimated revenue and the appropriation for expenditures by $5,759.64. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to accept the donation, approve the budget amendment to increase the estimated revenue and increase the appropriation far expenditures, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to acceptance of the Ator Headwall Project and authorization for final payment Earl Farris presented the item recommending acceptance of the contract work and authorization for final payment to Davis H. Elliot Construction in the amount of $18,972.90 resulting in a final contract amount of $129,472.15. After discussion, Mr. Bush moved, seconded by Mr. Dunn to accept the project and authorize final payment, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to Resolution 2015 -22, selecting Guy Engineering Services, Inc. as the Oklahoma Department of Transportation prequalified consulting firm to perform the Local Government Bridge Safety Inspections Dwayne Henderson presented the item recommending approval of Resolution 2015 -22. After discussion, Dr. Kelley moved, seconded by Mr. Bonebrake to approve Resolution 2015 -22, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 11. Report from City Manager Mr. Lehr acknowledged recent city events. 12. Report from City Attorney None Owasso City Council November 17, 2015 Page 3 13. Report from City Councilors Councilors acknowledged efforts of staff. 14. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 10/31/15 • Health CareSelf- InsuranceClaims - dated as ofll /12/15 • Monthly Budget Status Report - October 2015 • DEQ Permit No. SL000072141054 for the construction of 2,776 linear feet of eight (8) inch PVC sanitary sewer line to serve the Rejoice Christian Campus, Tulsa County, Oklahoma 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 16. Adjournment Dr. Kelley moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 7:25 pm. e Moberly, Mayor Lisa Wilson, Minute Clerk MEETING WITH OWASSO CITY COUNCIL November 17, 2015 This evening I am addressing a matter of concern to the residents of Silver Creek regarding details surrounding the collapse of a 36" storm water drainage pipe that feeds into the Silver Creek pond, and the subsequent impasse we have reached with the City regarding the completion of repairs needed to replace this plastic pipe and the structures damaged in its repair. Please note attachment 'A' entitled "Easement Legal Description" which shows the four drainage structures constructed on this pond. This pond not only serves as a detention area for the residents of Silver Creek, it also provides storm water storage for Brentwood Park, Brentwood Village, Nottingham Estates 5, and Camelot Estates. July 19, 2014 The City of Owasso was notified of this collapsed pipe. (See Attachment `B') August 1, 2014 "After complete assessment Public Works has determined this section of line actually belongs to the HOA. As a result the HOA will be responsible for the needed repairs." (Due to this area not being platted as a drainage easement.) D/E PLATTED SUBDIVISION DATE RECORDED Yes Windsor Lake II 6/93 Yes Nottingham Estates 9/94 Yes Nottingham Estates II 12/96 Yes Brentwood Park 1/97 No Silver Creek Bradfords 10/97 No Silver Creek Willows 9/99 August 6, 2014 The HOA requested the following information on this pond: 1) Design/construction requirements provided to the developer by the City. 2) The design/construction plans for the Silver Creek pond provided by the developers. 3) The as -built survey and construction of the completed pond. August 8, 2014 We questioned how the city can accept I00's of feet of storm water pipe in Silver Creek and refuse this 30'. (See Attachment `C') August 11, 2014 "The City owns and maintains hundreds of miles of storm water pipe. However, in this case this 30' section is owned by the HOA. City can't utilize funds to repair private infrastructure." August 23, 2014 We do not recognize these two 36" pipes which were installed under the direction and supervision of the City of Owasso as being "private infrastructure ". Sept. 24, 2014 "After reviewing other pond inflow structures throughout the City of Owasso, the inflow structures are the responsibility of the HOA. With that being said, the inflow structure being part of the detention facility allows for osn sible participation by the City." At this point, thinking this missing drainage easement was an anomaly, Mr. Harper and I agreed to cover the cost of repairing the pedestrian walkway, retaining, wall and handrail. Nov. 4, 2014 "How much funds is the Silver Creek HOA willing to contribute ?" Nov. 6, 2014 "I think the project will have a better chance to be approved by Council if the HOA pays 50 %." In this time frame the HOA was advised that the city had discovered that there were not one, but four drainage easements that had not been platted. Nov. 7, 2014 "After further discussions with Mr. Lehr this morning, Public Works would like to recommend a different path to get this storm water pipe repair accomplished. As you will recall, we talked about obtaining a drainage easement sometime in the future. Instead of the future, we are recommending we take necessary action to establish the drainage easement." March 12, 2015 The survey work was completed, and the four drainage easements were signed by the HOA. After this date, the construction on the project began. During the early stages of this construction and on two separate occasions, Mr. Chris Harper, President of the Silver Creek HOA, and I, were advised by Public Works employees that the City would be completing the entire project. July 12, 2015 I was advised by Mr. Harper that he had been notified that the Silver Creek HOA would be responsible for repairing the pedestrian sidewalk, retaining wall, and the handrail. July 18, 2015 A letter (See Attachment 'D') was sent to Mr. Roger Stevens. Please note closing comments on second page. We are requesting that the City of Owasso agree to complete this project, and we request the following facts be considered in reaching your decision. FACT - "Every subdivision shall be provided with a storm water drainage system designed according to the Owasso Design Criteria." (Owasso Subdivision Regulations, # 3.13) FACT - "This requirement appropriately incorporates the initial capital cost of critical infrastructure into the price of the new developments." (Private Storm Water System Improvement Policy) FACT - "Drainage easements for storm sewers are required." (Owasso Subdivision Regulations,# 3.5.4) FACT - There were four drainage easements not platted on the Silver Creek pond. FACT - "The covenants of each subdivision shall require that the subdivision's homeowners association be responsible for the maintenance of the storm water drainage system and detention facilities." (Owasso Subdivision Regulations, #3.13) FACT - The homeowners in Silver Creek (and in Owasso) pay a $3.00 monthly fee into the Storm Water Management Fund which is used to cover cost related to maintenance and repairs on the storm water drainage system. Thru June, 2015, that fund has collected approximately $6,250,000. As of June 30, 2015 there was a fund balance of $1,118,808. FACT - "The purpose of the Private Storm Water System Improvement Policy is to create guidelines and procedures to aid in the consideration of requests from private storm water facility ownerse public assistance." "PROJECT PRIORTIZATION Public Works will rate and prioritize each project request utilizing the following set of criteria: * Cost Participation by Property Owners " (Private Storm Water System Improvement Policy) 4v 11fR4A1r .x° ov pan o9 a PhNod psvft and Dotanftn APO@ a ADpOGO ID S OF SOLI WER CREE N a(Dou w 219 T-22 -Mq G3 -TA-E My au- aumo@ 11 Q9b@ ciou llt q ©i,'a��t106}!�I r� Scale: 9 900° Place North 2 1 of° IIII �� \� �1 III 1� A Paint ommencement Tract ��7� Tai, ___� lzsue a Point of Beginning 8 Y 4s I s0.s3 5s.7s g, Easement Tract L 4 f I J, 11 MN' c y {i 5 i ` 6 51 �P -- -- lsu/---- T 1 aOMmhae '``� II -t —____ 43 I 1113 1118 Point of Beginning Ilin Easement Tr' C \� FC laps 1 'flo ��Dev 6328 z 1110 LII ' 5 PARK AND DETENTION AREA = h sm a� a 24 e' �"� D Sa MM II Point of Beginning FL 3fi Plpa' y II b Easement Tract B Qev 631,n Point of Beginning, Point of Commencement Tract A & 8 0 ci [ECSJNJ6 000 ('38 R4 ®$ee - 1. THESE LEGAL DESCRIPTIONS WERE PREPARED BY KEVIN M. NEWLUN, OKLAHOMA LICENSED PROFESSIONAL LAND SURVEYOR ¢ 1289. 2 THE BEARING BASE FOR THIS EXHIBIT IS RECORDED PLAT OF THE BRADFORDS � OF SILVER CREEK enchmark Surve ing and Land Services I nc. 3. ALL UNDERGROUND UTILITIES MAY NOT BE SHOWN. cox 178 mss o�gso M eiDve 4. THIS FIRM WAS NOT CONftTACTED 7O RESEARCH EASEMENTS OR ENCUMBRANCES OF RECORD. No ATTEMPT 70 RESEARCH THE COUNTY RECORDS 0R OTHER RECORD 21142120 SURVEY BN �1 DATE: 01/22AS OFFICES WAS PERFORMED BY THIS FIRM, THEREFORE EASEMENTS MAY AFFECT THE SUBJECT TRACT THAT ARE NOT REFLECTED BY THIS EXHIBIT. � DRAWN Br. il6 scALE 34S mre w. auu a .... o �P tiAV 4th >.r � ski. a 3i 1 �P WF lil RD i Is TI July 18, 2015 Mr. Roger Stevens Director of Public Works City of Owasso Dear Mr. Stevens, On July 12, 2015, I was advised by Chris Harper that the Silver Creek HOA had been notified that a portion of the cost of repairs currently being made by the city of Owasso to the storm water inlet pipes flowing into the Bradford pond would be assessed to the residents of Silver Creek. When we began our initial discussions with Public Works regarding this repair project we were advised that this inlet was on private property and since the city did not have an easement it would be necessary for the Silver Creek HOA to pay for the entire cost of the needed repairs. I questioned whether storm water easements were in place in other Owasso neighborhoods and I was advised that it appeared that they were and this problem in Silver Creek was an anomaly that had not occurred previously. The city then offered to make the repairs in the broken inlet pipes but indicated that the cost of repairing the sidewalk, hand railing, and concrete block retaining wall, which were removed to permit the new pipes to be installed, would be the responsibility of the Silver Creek HOA. With these facts in mind Mr. Harper and I agreed to these terms presented by the city. A few days later I was called and invited to attend a meeting at Public Works to receive some additional information regarding this project. Upon arrival I was advised that the city had discovered that proper easements were not recorded for the three inlets, and the one outlet that serviced the Bradford pond. I believe Mr. Harper shared with you that after construction began and on more than one occasion, by more than one city employee, we were advised that the entire cost of these repairs would be covered by city funds. I realize that we were not given this information in a written form, but due to the credibility of the individuals involved we had every reason to believe that they were speaking from an informed position. Since the repairs that needed to be made in the Silver Creek storm water drainage system fall under the responsibility of the City of Owasso to maintain, and the lack of the proper easement on this site was not an anomaly but rather a repeated oversight by the developers and the city, we were not surprised when we were advised by city officials that the City of Owasso would be responsible for the cost of the entire project. Under these conditions we do not believe that the financial burden for the completion of this project should be assessed to the property owners in Silver Creek. Thank you for your consideration. Kenneth Yates For the Silver Creek HOA Board