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HomeMy WebLinkAbout2002.07.16_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 16, 2002 The Owasso City Council met in regular session on Tuesday, July 16, 2002 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, July 12,2002. ITEM 1: CALL TO ORDER Mayor Brogdon called the meeting to order at 6:34 p.m. ITEM 2: INVOCATION Vice Mayor Helm offered the invocation. ITEM 3: FLAG SALUTE Mayor Brogdon led in the flag salute. ITEM 4: ROLL CALL PRESENT Randy Brogdon, Mayor - 16/1 Michael Helm, Vice Mayor - 15/2 Rebecca Armstrong, Councilor - 12/5 Susan Kimball, Councilor - 9/0 ABSENT Gary Cochran, Councilor - 7/2 STAFF Rodney J Ray, City Manager Marcia Boutwell, City Clerk Ronald D Cates, City Attorney A quorum was declared present. ITEM 5: READING OF MAYOR'S PROCLAMATION DECLARING THURSDAY, JULY 18, 2002 AS "CITY CHARTER DAY" IN OWASSO, OKLAHOMA, SUCH PROCLAMATION IN RECOGNITION OF THE 30TH ANNIVERSARY OF THE APPROVAL OF THE CHARTER OF THE CITY OF OW ASSO. Mayor Brogdon read the proclamation and recognized Alan Anderson, who was Chairman of the Board of Freeholders at the time of the charter election in 1972, and John MowelY, who was a Town Trustee at the time. The Mayor presented proclamations to Mr Anderson and Mr Mowery. He also recognized Joe Ross, who was Mayor in 1972, and Dean Large, who was a Town Trustee. Mr Ross and Mr Large were unable to be present, and proclamations will be sent to them. Two other members of the 1972 Board of Trustees, Bob Peel and V.D. Duncan, are deceased. Owasso City Council July 16,2002 ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of Minutes of the July 2, 2002 Regular Meeting and July 9, Special Meeting. B. Approval of Claims. The consent agenda included minutes of the July 2, 2002 Regular Meeting and July 9, 2002 Special Meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $78,896.01; (2) Ambulance Service Fund $1,224.98; (3) E- 911 Fund $19,515.77; (4) Capital Improvements Fund $370.20; (5) City Garage Fund $9,040.26; (6) Workers Comp Fund $2,765.44; (7) Interfund Transfers $5,550.72; (8) Interfund Transfers $16,416.66; (9) Payroll $225,449.47; (10) City Garage Payroll $5,614.61; (11) Ambulance Payroll $11,145.43; (12) E-911 Payroll $2,595.95; (13) Workers Comp Payroll $867.68. Mr Helm moved, seconded by Ms Kimball, to approve the consent agenda. AYE: Helm, Kimball, Annstrong, Brogdon NAY: None Motion carried 4-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROV AL OF A SUPPLEMENTAL APPROV AL CARRY-OVER) APPROPRIATION TO THE GENERAL FUND'S FY 2002-03 BUDGET (TRANSFERS OUT), SUCH CARRY-OVER APPROPRIATION FROM THE FY 2001-02 GENERAL FUND'S ECONOMIC DEVELOPMENT BUDGET. Mr Ray reviewed items 7 & 8 as one. For several months staff has been involved in discussions with representatives from the cities of Jenks, Bixby and Sand Springs, the Rogers County Industrial Authority, PSO, and the Metropolitan Tulsa Chamber of Commerce regarding economic development efforts. It is proposed that these entities join together to form a regional economic development consortium. PSO and the five cities would contribute $25,000 in cash, and the Tulsa Chamber would provide a maximum of $25,000 in matching services. An economic development specialist would serve under the direction of the Tulsa Chamber's Economic Development Manager, but would focus on the priorities of the consOliium. The OEDA Trustees have discussed the consortium and have voted to support the regional approach to economic development, contingent upon the transfer of funds from the City. The FY 2001-02 budget contained a $35,000 appropriation in the Economic Development Department which was not used. Staff will request that $25,000 for that amount be carried over to the FY 2002-03 budget and then transferred from the General Fund to the OEDA Fund for OEDA's contribution to the consOliium. Ms Kimball moved, seconded by Mr Helm, to approve a supplemental carry- over appropriation in the amount of $25,000 to the FY 2002-03 General Fund Budget (Transfers Out). - 2 - Owasso City Council July 16,2002 AYE: Kimball, Helm, Brogdon NAY: Armstrong Motion carried 3-1. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A TRANSFER OF $25,000 FROM THE GENERAL FUND TO THE OED A FUND, SUCH TRANSFER FOR THE PURPOSE OF FUNDING AN AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES BETWEEN THE OW ASSO ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF BIXBY, THE JENKS PUBLIC WORKS AUTHORITY, THE SAND SPRINGS ECONOMIC DEVELOPMENT AUTHORITY, THE ROGERS COUNTY INDUSTRIAL AUTHORITY, AND THE METROPOLITAN TULSA CHAMBER OF COMMERCE. Mr Helm moved, seconded by Ms Kimball, to approve a transfer of $25,000 from the General Fund's FY 2002-03 budget to the OEDA Fund. AYE: Kimball, Helm, Brogdon NAY: Armstrong Motion carried 3-1. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #2002-08, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT BETWEEN THE CITY OF OW ASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION RELATING TO THE 86TH STREET NORTH AND MINGO ROAD PROJECT. Mr Carr presented the item. The 86th St N and Mingo Rd Intersection Improvement project was included in the 1998 bond issue. The project has been submitted to the Oklahoma Department of Transportation for future partial reimbursement by federal funding under the Local Government Program. Final plans have been submitted to ODOT for review, and approval has been received to start acquiring right-of-way after the Right-of-Way, Public Utility and Encroachment Agreement has been approved and executed. ODOT also requires that a Resolution providing for the execution of the agreement be approved. Mr Helm moved, seconded by Ms Kimball, to approve Resolution #2002-08, authorizing the Mayor to execute the Right-of-Way, Public Utility and Encroachment Agreement between the Oklahoma Department of Transportation and the City of Owasso for the E 86th St N and Mingo Rd intersection improvements. Ms Armstrong requested that the record reflect this she is in favor of the project, but believes it is not in the best interest of the city at this time, and will be voting against the resolution and agreement. - 3 - Owasso City Council July 16, 2002 AYE: Kimball, Helm, Brogdon NAY: Armstrong Motion carried 3-1. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF OW ASSO AND INCOG. Mr Carr said that the City of Owasso has received a Community Development Block Grant in the amount of $67,132 from the Oklahoma Department of Commerce Small Cities Set-Aside program. The grant is for construction of sidewalks, handicap ramps and street overlays in an area generally bounded on the south by Fifth Avenue, on the east by U.S. Highway 169, on the north by E 86th Street North, and on the west by the SK&O Railroad. INCOG has provided administrative services for previous CDBG grants awarded to the City of Owasso, and has submitted an agreement for services to be provided for the administration of this grant. The cost for the services is proposed to be in an amount not to exceed $4000.00, and will be paid from the grant. Ms Kimball moved, seconded by Mr Helm, to approve the agreement between the City of Owasso and INCOG in an amount not to exceed $4000, providing for the administration of 10286 CDBG 01 Small Cities Grant, and authorization for the Mayor to execute the agreement. AYE: Kimball, Helm, Armstrong, Brogdon NAY: None Motion carried 4-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ADDITIONAL FUNDS FOR THE 86TH STREET NORTH AND MAIN STREET INTERSECTION PROJECT. Mr Carr presented the item. The 86th St N & Main St Intersection Improvement Project was included in the 1998 bond issue to complete work on the intersection and portions of the surrounding streets. A "low end" construction cost estimate based on recent bid prices was prepared by ODOT. That estimate was $1,452,625. The City of Owasso portion of the costs was $546,250, which was paid to ODOT prior to bidding the project. The agreement with ODOT provided that the City pay any shortage of local funds after the project was bid. The bid was awarded to Horizon Construction Co on June 20, 2002 in the amount of $1,465,465.65. Additionally, ODOT administrative and inspection costs are $122,005.37, resulting in a total project cost of $1,587,471.02. As a result, the City is responsible for an additional amount of $39,163.75. When that amount is received by ODOT, the work order for the project will be released. Work is expected to begin in September 2002, with a 240 calendar day construction period. After the project is completed, the City will be billed for any overruns, or any excess funds will be returned to the City. Mr Helm moved, seconded by Ms Kimball, to approve payment of the invoiced amount of$39,163.75 in additional funds to the Oklahoma Department of Transportation for the 86th & Main intersection project. Ms Armstrong requested that the - 4 - Owasso City Council July 16, 2002 record reflect this she is in favor of the project, but believes it is not in the best interest of the city to pay these funds, and will be voting against this item. AYE: Helm, Kimball, Brogdon NAY: Armstrong Motion carried 3-1. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO DECLARE CERTAIN MOWING EQUIPMENT SURPLUS TO THE NEEDS OF THE CITY, SET A MINIMUM VALUE FOR EACH PIECE OF EQUIPMENT, AND AUTHORIZE STAFF TO PROCEED WITH AN E-BAY AUCTION OF THE EQUIPMENT. Mr Rooney said that the Parks Department has two pieces of mowing equipment that are no longer beneficial to the City due to age and/or condition, and staff is recommending that they be declared surplus. Those items are a 1975 Ford M 2000 Tractor and a 1982 Kubota L 275 Tractor. If declared surplus by the City Council, staff would like to auction this items on E-Bay, with a minimum bid of $500. Ms Kimball moved, seconded by Mr Helm, to declare both the listed items surplus to the needs of the City, authorize the staff to auction the equipment on E- Bay, and set a minimum value at $500 for each piece of equipment. AYE: Kimball, Helm, Armstrong, Brogdon NA Y: None Motion carried 4-0. ITEM 1 . CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A REAL ESTATE PURCHASE CONTRACT FOR PRESTON LAKES CENTENNIAL P ARK, SUCH AGREEMENT PROVIDING FOR THE DONATION OF APPROXIMATELY 59.47 ACRES OF LAND FOR PARK USE, OUTLINING A SCHEDULE FOR IMPROVEMENTS, AND DEFINING A PAYMENT SCHEDULE FOR THOSE IMPROVEMENTS. Mr Rooney said that the landowner had requested that this item be tabled until such time as some unresolved issues can be worked out. Therefore, the item was pulled from the agenda. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-02-06, A REQUEST TO REZONE LOT 1, BLOCK 1, HILLSIDE ESTATES, LOCATED AT THE SOUTHWEST CORNER OF EAST 116TH STREEET NORTH AND NORTH MINGO ROAD, FROM OL (OFFICE LIGHT) TO CS (SHOPPING CENTER). Mr Rooney presented the item. Staff has received a request to rezone a tract of land totaling 2.5 acres from AG to IL. The property is located at the southwest corner of E 116th St N and Mingo - 5 - Owasso City Council July 16, 2002 Rd and is described as Lot 1, Block 1, Hillside Estates. The request was reviewed by the Planning Commission at their July 8, 2002 regular meeting. While the applicant requested IL (Light Industrial) zoning, staff recommended the reduced intensity of CS (Commercial Shopping Center). The Planning Commission unanimously approved the reduced intensity of CS zoning on the subject property. A citizen raised the question of water runoff. Mr Rooney said that the landowner would have to address the question of runoff at the site plan stage, and that no more water would be allowed to run off than currently does. Mr Helm moved, seconded by Ms Kimball, to approve the rezoning from OL to CS. AYE: Helm, Kimball, Brogdon NAY: Armstrong Motion carried 3-1. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A PLAT AMENDMENT FOR THE WILLOWS OF SILVER CREEK, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, STATE OF OKLAHOMA. Mr Rooney said that staff has received a request from Closings of Tulsa to amend a building line on Lot 11, Block 5 of the previously-approved Willows of Silver Creek addition. The dwelling on that lot encroaches upon the front building line of the lot. While the encroachment meets minimum front yard setback requirements for the zoning district, it is in conflict with both the building line reflected on the plat and the building line per the restrictive covenants of the addition. As a requirement for amending a plat, the applicant must supply the City of Owasso with the signatures of all propeliy owners within the addition, endorsing the approval of the proposed amendment. Staff has received a copy of those signatures. Staff has no objections to the request to change the building line, and the request has been reviewed and approved by the Technical Advisory Committee and Planning Commission. Mr Helm moved, seconded by Ms Kimball, to approve an amendment to the plat for The Willows of Silver Creek, amending the building setback lines on Lot 11, Block 5, as presented within the "Amendment to Deed of Dedication". AYE: Kimball, Helm, Armstrong, Brogdon NAY: None Motion carried 4-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR FIRST UNITED METHODIST CHURCH, AN ADDITION TO THE CITY OF OW ASSO, TULS~ COUNTY, STATE OF OKLAHOMA. Mr Rooney presented the item. Staff has received a request to review a preliminary plat for First United Methodist Church addition, located south of E 106th St N and west of N 145th East Ave. - 6 - Owasso City Council July 16, 2002 The proposed plat is a one-lot, one-block addition containing 11.86 acres, more or less, and is zoned RM-2 (Residential Multi-Family High Density). Because this is a one-lot, one-block addition, staff is reviewing the request as a final plat. All items requested by the Technical Advisory Committee have been addressed. Staff is requesting the following additional requirements: 1. The Elm Creek Interceptor payback fee would need to be paid by the applicants prior to obtaining signatures on the final plat. The Elm Creek Interceptor payback fee is $1580 per acre, or $18,738.80 for the subject property. 2. In addition to the Elm Creek Interceptor payback fee, the applicants must also address a payback fee to Owasso Land Trust, the entity that extended the sewer lines from the Elm Creek Interceptor. The applicable fee for that payback is $1000 per acre, or $11,860 for the subject property. (This fee will be reduced by the value of the right-of-way donated for the Tulsa Tech Interceptor line.) 3. A Stonn Siren Fee of$16 per acre, or a total of$189.76, will need to be paid. 4. Sidewalks will be required along E 106th St N & N 138th East Ave. 5. Acceleration/Deceleration lanes will be required along E 106th St N. 6. The address of 13800 E 106th St N needs to be added to the plat. Ms Kimball moved, seconded by Mr Helm, to approve the final plat for First United Methodist Church addition, subject to the six conditions listed above. AYE: Kimball, Helm, Armstrong, Brogdon NAY: None Motion carried 4-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AMENDMENT TO THE OW ASSO ZONING CODE. Staff requested that this item be tabled until the City Attorney has an opportunity to review the requested text amendment. The item was, therefore, withdrawn from the agenda. ITEM 18: REPORT FROM CITY MANAGER Mr Ray welcomed Linda McLaughlin back to work following her time off. He stated that employment has been offered to four new police officers, and that a comprehensive planner has been hired. He also thanked John Groth for the part he played in passing the City Charter thirty years ago. - 7 - Owasso City Council July 16,2002 ITEM 19: REPORT FROM CITY ATTORNEY. No report. ITEM 20: REPORT FROM CITY COUNCILORS. Vice Mayor Helm reported briefly on his attendance at the Mayor's Conference. Mayor Brogdon presented a plaque to the City for participation in Relay for Life as a Gold Sponsor. ITEM 21: NEW BUSINESS. None. ITEM 22: ADJOURNMENT Mr Helm moved, seconded by Ms Kimball, to adjourn. AYE: Helm, Kimball, Armstrong, Brogdon NAY: None Motion carried 4-0, and the meeting was adjourned at 7:15 p.m. J1;~(l C 5/[09 ~~"~"~ Randall C Brogdon, Mayor (/ - 8 -