Loading...
HomeMy WebLinkAbout2002.10.15_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 15,2002 The Owasso City Council met in regular session on Tuesday, October 15,2002 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, October 11, 2002 and the Addendum to Agenda posted on the City Hall bulletin board at 11 :00 a.m. on Monday, October 14,2002. ITEM 1: CALL TO ORDER Mayor Brogdon called the meeting to order at 6:37 p.m. ITEM 2: FLAG SALUTE The flag salute was held during the OPW A meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT Randy Brogdon, Mayor - 17/0 Michael Helm, Vice Mayor - 16/1 Rebecca Armstrong, Councilor, 13/4 Susan Kimball, Councilor - 17/0 Gary Cochran, Councilor - 15/2 ABSENT STAFF Rodney J. Ray, City Manager Marcia Boutwell, City Clerk Jay C. Baker, Acting City Attorney A quorum was declared present. ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of Minutes of the October 1, 2002 Regular Meeting, the October 8, 2002 Special Meeting, and the October 9,2002 Special Meeting. B. Approval of Claims. The consent agenda included minutes of the October 1, 2002 regular meeting, the October 8, 2002 special meeting, and the October 9, 2002 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $54,186.01; (2) Ambulance Service Fund $1,697.43; (3) E-911 Fund $2,036.21; (4) City Garage Fund $4,461.23; (5) Workers Comp Fund $7,13325; (6) Pleasant View Sewer District Fund $9,650.00; (7) Payroll $208,685.79; (8) City Garage Payroll $4,277.87; (9) Ambulance Payroll Owasso City Council October 15,2002 $10,542.70; (10) E-911 Payroll $2,662.68; (11) Workers Comp Payroll $1,265.60. Ms. Armstrong moved, seconded by Mr. Cochran, to approve the consent agenda. AYE: Armstrong, Cochran, Kimball, Helm, Brogdon NAY: None Motion carried 5-0. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ADOPTION OF A POLICY STATEMENT CONCERNING THE AFFECT OF NEW DEVELOPMENT ON THE DRAINAGE OF WATER THROUGH THE BASINS IN AND AROUND THE CITY. Mr. Wiles said that on October 8t\ representatives from the City met with representatives from the group of Citizens for Responsible Rural Development. The meeting centered on drainage conditions in the Ranch Creek basin generally from the intersection of Memorial and 116th St. N. to the intersection of Mingo and 106th St. N. The citizens discussed how past developments near their properties in Tulsa County have increased the amount of drainage onto their property. During the meeting, the staff discussed the concept of No Adverse Impact. No Adverse Impact pertains to developments that occur in the floodplain. The concept is that floodplain developments should not adversely impact other property by increasing flood depths or velocities. The City will examine existing floodplain development regulations to detelmine whether changes that could better protect existing properties within the floodplain might be advisable. The staff recommended that the City Council consider the topics raised at the meeting and adopt a statement of policy that affirms the City's desire to control drainage in a responsible manner and that directs the staff to focus on issues of drainage for all new developments. A Policy Statement Relating to Drainage of Water Through the Basins in and Around the City was presented to the Council. The statement contains three points: (1) New development should not have a water-drainage impact on other property; (2) The staff is directed to provide detailed review of all submitted drainage plans for any development; and (3) The staff is directed to initiate the development of a master drainage plan subsequent to the receipt of data from the current study being accomplished by the Corps of Engineers and funded by Tulsa County. Ms. Kimball moved, seconded by Ms. Armstrong, to adopt the aforementioned policy. AYE: Kimball, Armstrong, Cochran, Helm, Brogdon NAY: None Motion carried 5-0. The policy statement will be filed in the office of the City Clerk as Council Policy #30. - 2 - Owasso City Council October 15, 2002 ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ANNEXATION OF A 292.22 ACRE TRACT OF LAND, A PORTION GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORTH MEMORIAL DRIVE AND EAST 106TH STREET NORTH AND ANOTHER PORTION LOCATED WEST OF NORTH MINTO ROAD BETWEEN EAST 106TH STREET NORTH AND EAST 96TH STREET NORTH (WARD 1). Mr. Rooney presented the item. Noble Sokolosky has presented a request for annexation of 292 acres of land lying within Sections 12 and 13, generally located between E. 116th St. Nand E. 96th St. N between memorial Dr. and Mingo Rd. Tract A contains 160 acres and is currently zone RE (Residential Estates) in Tulsa County. Tract B contains 132.07 acres and Tract C contains .15 acres, and both are cunently zoned AG (Agriculture). The Annexation Committee and Planning Commission have recommended approval. Several property owners attended the Planning Commission meetings to voice concerns regarding the request. Their concerns center on stormwater run-off and the adverse effects it would create on surrounding properties, how the property would develop, and the City "fast-tracking" the annexation request. The Planning Commission listened to the concerns, but made it clear that the item before them was simply an annexation request. Ms. Jan Thomas, representing Citizens for Responsible Rural Development asked if this would be considered spot annexation since there are two large tracts connected only by a thin strip of land. Staff explained that there is no such things as spot annexation. Anything within the city's fenceline may be annexed since the fenceline itself is a part of the city. Councilor Armstrong asked if the policy statement adopted in the previous item would apply to development on this land. Staff assured her that it will. Ms. Armstrong moved, seconded by Mr. Helm. to approve the requested annexation with the stipulation that Items I and II of the water drainage policy be followed. AYE: Armstrong, Helm, Cochran, Kimball, Brogdon NAY: None Motion canied 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-02-07, A REQUEST TO REZONE PROPERTY LOCATED ON THE NORTHWEST CORNER OF EAST 96TH STREET NORTH AND NORTH 97TH EAST AVENUE, FROM CG (COMMERCIAL GENERAL) AND CS (COMMERCIAL SHOPPING ~ENTER) TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 10 ACRES,_MORE OR LESS. Mr. Moore said that the City has received a request from David Charney for the review of a rezoning application and planned unit development application for approximately 10 acres located at the northwest corner of 96th St. N. and N. 9th East Ave. The zoning and PUD will be reviewed together, but voted on as separate items. The proposal is to rezone from CS (Commercial Shopping) and CG (Commercial General) to PUD/RS-3 (Planned Unit Development/Residential Single Family) in order to locate 50 single-family residential garden homes. The Technical Advisory Committee reviewed the request at their September 25, 2002 - 3 - Owasso City Council October 15, 2002 regular meeting, and offered no comments. The Planning Commission unanimously approved the application at their October 7,2002 meeting, subject to the following conditions: 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, all single- family lots shall meet the requirements of a typical RS-3 district. 3. Within OPUD-02-03, the maximum number of dwelling units shall not exceed 50. 4. That prior to the issuance of building permits, the applicant is subject to the platting and site plan requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee. 5. That no building permits be issued within any portion of the PUD until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations. 6. 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. 7. That a detailed drainage report certified by a registered engineer be submitted at the time of platting. 8. Visual buffers are to be required at the end of each cul-de-sac. 9. Acceleration/Deceleration lanes will be required on 9ih East Ave. 10. Sidewalks will be required along 9ih East Ave and 96th St. N. 11. That all entrance landscaping and/or monuments are reviewed and approved by the Planning Commission. 12. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. Mr. Helm moved, seconded by Ms. Armstrong, to approve OZ-02-07, subject to the Planning Commission conditions of approval. AYE: Helm, Annstrong, Cochran, Kimball, Brogdon NAY: None Motion carried 5-0. - 4 - Owasso City Council October 15, 2002 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-02-03, A REQUEST FOR COUNCIL APPROV AL OF A PLANNED UNIT DEVELOPMENT. Ms. Armstrong moved, seconded by Mr. Helm, to approve OPUD-02-03, subject to the Planning Commission conditions of approval. AYE: Armstrong, Helm, Cochran, Kimball, Brogdon NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A MINOR AMENDMENT TO OPUD-ll (RAM PLAZA) RELATIVE TO BUSINESSES THAT RAISE, BREED, OR KEEP ANIMALS. Mr. Moore presented the item. Michael Roark has requested a review of a minor amendment to OPUD-ll, to amend the protective covenants to allow for a retail pet store that raises, breeds, or keeps animals. This request is to amend only the planned unit development requirements that the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Even if this amendment is approved by the Council, propeliy owners within Ram Plaza would still have an avenue to allow or not allow the proposal through the association's covenant enforcement powers. The Technical Advisory Committee heard the request on September 24, 2002, and offered no comments. The Plmming Commission unanimously recommended approval at their October 7, 2002 meeting. Ms. Kimball moved, seconded by Mr. Helm, to approve the requested amendment to the protective covenants of Ram Plaza. AYE: Kimball, Helm, Cochran, Brogdon NAY: None Councilor Armstrong abstained, which is counted as a "no" vote. Motion carried 4-1. !rEl\'LtQ~ CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPRQV AL OF A MINOR AMENDMENT TO OPUD-ll (RAM PLAZA) RELATIVE TO HEALTH-RELATED USES. Mr. Moore said that this request was initiated by the Community Development Department in an effort to alleviate the non-conforming status of the health-related businesses within Ram Plaza. This request will amend only the language included in the PUD requirements and not the language as approved per the subdivision plat. Any amendment to the subdivision plat that would allow health-related facilities to remain would require approval of the property owners. The request was heard by the Planning Commission at the October th meeting, and the Planning Commission did not make a successful recommendation. Staff recommended approval of the - 5 - Owasso City Council October 15,2002 request. Mr. Helm moved, seconded by Mr. Cochran, to approve the request to amend the protective covenants of Ram Plaza to allow health-related activities. AYE: Helm, Cochran, Kimball, Armstrong, Brogdon NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A MINOR AMENDMENT TO OPUD-ll (RAM PLAZA) RELATIVE TO RECREATIONAL AND/OR ENTERTAINMENT USES. Mr. Wiles presented the item. The City has received a request from Lance Preston for the review of a minor amendment to OPUD-ll to amend the PUD requirements of Ram Plaza to allow for a billiard parlor, interpreted in the requirements as a recreational use. Initially the applicant requested that City staff review a proposal that, in addition to allowing a billiard parlor, would also allow for on-premise alcohol consumption. The applicant has amended his application, striking the language pertaining to alcohol. The Planning Commission heard the request at their November th meeting, and did not make a successful recommendation. Mr. Wiles said that recreational uses are typically significantly more intensive in nature than other commercial uses. The physical layout of the Ram Plaza development provides for separate commercial sites that are distinct from each other and have separate service areas rather than a shared service area. The layout of the development does not lend itself to having the service capacity necessary to handle a recreational use. The staff finds that, as a recreational use, a billiard parlor would be too intensive a use for the Ram Plaza planned unit development, and the staff recommended denial of the request. The applicant, Mr. Preston, asked why the issue of high intensity use wasn't brought up prior to the Planning Commission hearing. He said he could find no language in the PUD that refers to low intensity use. He said the building meets all of the city zoning requirements and he has received and county and state licenses. He has removed the request to serve beer, but wants to reserve the right to revisit the issue of serving beer in the future. Several citizens were present and spoke in favor of having a billiard hall as a place for children to go for recreation. Ram Plaza property owners spoke against the placement of a billiard parlor in the area because of the traffic and lack of sufficient parking spaces, and the fact that the serving of alcohol or 3.2 beer could become an issue in the future. After much discussion, mostly related to the issues of high intensity use and the serving of 3.2 beer, Mayor Brogdon moved, seconded by Ms. Armstrong, to approve the requested amendment to OPUD-l1 to allow recreational and/or entertainment use. AYE: Brogdon, Annstrong NA Y: Cochran, Kimball, Helm Motion was denied by a vote of two for the amendment and three against the amendment. - 6 - Owasso City Council October 15,2002 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE ADJUSTED URBAN AREA BOUNDARY MAP, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROV AL DOCUMENT. Mr. Wiles said that the City of Owasso is a "census-designated" place. An urban area refers to a census-designated place having a population of 5000 or more and not within any other urbanized area. Based on that definition, Owasso is classified as an urban area. Owasso is a small urban area because it has a population greater than 5000 and is physically separated from the four urbanized areas: Tulsa, Oklahoma City, Norman, and Lawton. Bird Creek separates Owasso from the Tulsa area. This classification makes Owasso eligible for federal funds through the Surface Transportation Program. The Oklahoma Department of Transportation is coordinating an adjustment to the boundary of Owasso' s urban area. Freeways, arterials, collector streets, and local roads are eligible for varying amounts of funds based upon the total number of road miles within Owasso's adjusted urban area boundary. Staff has proposed to enlarge the adjusted urban area boundary, thus increasing the total number of road miles that are eligible for improvement through the STP. The process is for the Mayor to sign the proposed Adjusted Urban Area Boundary map, which will then be forwarded to ODOT. ODOT will seek approval from the Federal Highway Administration. Once that approval has been given, the staff will work with ODOT officials to re-classify all roads within the Owasso urban area. Ms. Armstrong moved, seconded by Ms. Kimball, to approve the adjusted urban area boundaries, and authorize the Mayor to execute the official map. AYE: Armstrong, Kimball, Cochran, Helm, Brogdon NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACTION TO AWARD A CONTRACT FOR THREE LAKES DRAINAGE CHANNEL IMPROVEMENTS. Mr. Carr presented the item. The Three Lakes Channel improvement project is one of three Supplemental Environmental Projects submitted to, and approved, in compliance with the Consent Order conditions with the Oklahoma Department of Environmental Quality. The consent order requires the City to construct an improvement with a minimum cost of $100,000 and with construction beginning no later than November 2002. The proposed project segment included in this construction contract is the first phase of a total project which will provide a concrete channel extending north to 86th Street North in the area of Goldie's Restaurant. Bid documents were prepared and advertised, and bids were opened on September 19th. Four bids were received, with the apparent low bid being submitted by Horizon Construction Company, Inc., Owasso, OK, in the amount of $119,667.26. Funding in the amount of $100,000 was included in the FY02-03 Capital Projects budget for this project. The remaining amount of $19,667.26 will come from some of the 'lower priority items on the Capital Projects list. Mr Helm moved, seconded by Ms. Arnlstrong, to award a bid for the Three Lakes Drainage - 7 - Owasso City Council October 15, 2002 Channel Improvements project to Horizon Construction Company, Inc., Owasso, Ok in the amount of$119,667.26, and authorization for the Mayor to execute the contract. AYE: Helm, Armstrong, Kimball, Cochran, Brogdon NAY: None Motion carried 5-0. ITEM 14: REPORT FROM CITY MANAGER No report. ITEM 15: REPORT FROM CITY ATTORNEY. No report. ITEM 16: REPORT FROM CITY COUNCILORS. None. ITEM 17: NEW BUSINESS. None. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY ATTORNEY, SUCH EXECUTIVE SESSION PROVIDED FQR IN O.S. 25, SECTION 307(B)(1 ). Mr. Cochran moved, seconded by Mr. Helm, to enter into executive session for the purpose stated. AYE: Cochran, Helm, Armstrong, Kimball, Brogdon NAY: None Motion carried 5-0 and the Council moved to Executive Session at 8:55 p.m., returning to open session at 11: 19 p.m. - 8 - Owasso City Council October 15,2002 ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE HIRING AND APPOIONTMENT OF A CITY ATTORNEY FOR THE CITY OF OW ASSO. Mr. Cochran moved, seconded by Ms. Kimball, to authorize the City Manager to enter into negotiations with Mr. Stephen Gray for the office of City Attorney. AYE: Cochran, Kimball, Alllistrong, Helm, Brogdon NAY: None Motion carried 5-0, ITEM 20: ADJOURNMENT Ms Armstrong moved, seconded by Ms. Kimball, to adjourn. AYE: Annstrong, Kimball, Cochran, Helm, Brogdon NAY: None Motion carried 5-0, and the meeting was adjourned at 11 :20 p.m. ~7<~JlJ2 C~- 71M-I-dr-,~~- Randall C. Brogdon, Mayor - 9 -