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HomeMy WebLinkAbout2002.12.17_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 17, 2002 The Owasso City Council met in regular session on Tuesday, December 17,2002 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, December 13, 2002. ITEM 1: CALL TO ORDER Mayor Helm called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION The invocation was offered by Pastor Leonard Pirtle of Rejoice Free Will Baptist Church. ITEM 3: FLAG SALUTE Vice Mayor Cochran led in the flag salute. ITEM 4: ROLL CALL PRESENT Michael Helm, Mayor - 16/0 Gary Cochran, Vice Mayor - 16/0 Rebecca Armstrong, Councilor - 13/3 Susan Kimball, Councilor - 16/0 ABSENT STAFF Rodney J. Ray, City Manager Marcia Boutwell, City Clerk Stephen P. Gray, City Attorney A quorum was declared present. Mayor Helm and the Council presented certificates of appreciation to Edwin Blevins, John Tooley, and Craig Thoendel for their interest in the appointment as Ward 1 Councilor. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT __OF A QUALIFIED ELECTOR AS A COUNCILOR FOR WARD 1. Mayor Helm said that three residents of Ward 1 expressed an interest in being appointed to the vacant Ward 1 council seat. All three were interviewed by the remaining councilors on Monday, December 16, 2002. The Mayor called for nominations for the appointment. Ms. Armstrong nominated Mr. Craig Thoendel, seconded by Mr. Cochran. Owasso City Council December 17, 2002 AYE: Armstrong, Cochran, Kimball, Helm NAY: None Motion carried 4-0, and Mr. Thoendel was appointed to fill the vacancy in the Ward 1 council office. ITEM 6: ADMINISTRATION OF OATH OF OFFICE TO WARD 1 COUNCILOR. Ms. Boutwell administered the oath of office to Mr. Thoendel, and he was seated at the council bench. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF THE CONSENT AGENDA. A. Approval of Minutes of the December 3,2002 Regular Meeting. B. Approval of Claims. C. Action Relating to Ordinance #729, an Ordinance Providing for the Annexation of Approximately 15.03 Acres Located Within the East 116th Street North Right-of- Way and South of East 116th Street North, Approximately 1700 Feet East of the Intersection of East 116th Street North and North Garnett Road (Ward 1). D. Action Relating to Ordinance #730, an Ordinance Providing for the Annexation of Approximately 1.08 Acres Located at the Southeast Corner of East 103rd Street North and U.S. Highway 169 East Side Service Road (Ward 1). E. Action Relating to an Amendment to the FY02-03 Capital Projects Grant Fund, Wherein Revenues for the Fund are Increased by $42,000 and Estimated Expenditures are Increased by $42,000. The consent agenda included minutes of the December 3, 2002 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $302,099.15; (2) Ambulance Service Fund $5,150.70; (3) E-911 Fund $2,034.76; (4) Capital Projects Grants Fund $183.30; (5) Bond Projects Fund $2,840.00; (6) City Garage Fund $6,493.00; (7) Workers Comp Fund $25,884.55; (8) Payroll $244,639.03; (9) City Garage Payroll $4,225.92; (10) Ambulance Payroll $10,319.15; (11) E-911 Payroll $3,634.63; (12) Workers Comp Payroll $1,265.60. Item C on the consent agenda requested approval of Ordinance #729, annexing 15.03 acres as referenced above. Item D requested approval of Ordinance #730, annexing 1.08 acres as referenced above. Item E requested a budget amendment to the Capital Projects Grant Fund, increasing revenues and expenditures by $42,000 for a grant received from the Cherokee Nation. Ms. Kimball moved, seconded by Ms. Am1strong, to approve the consent agenda. - 2 - Owasso City Council December 17, 2002 AYE: Kimball, Armstrong, Thoendel, Cochran, Helm NAY: None Motion carried 5-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AMENDMENT TO CHAPTER 6 COMMERCIAL DISTRICT PROVISIO~ SECTION 610 PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS, OF THE OW ASSO ZONING CODE, RELATING TO MINI-STORAGE UNITS. Mr. Wiles presented the item. The proposed action would amend the Zoning Code of the City of Owasso to permit mini-storage units in CS, CG, and CH zoning districts by special exception only. Because of the popularity of mini-storage units, staff believes it is in the best interest of the citizens that each request be reviewed on a case-by-case basis, and that public input be allowed. If approved, all future zoned or rezoned commercial propeliy would allow mini-storage units in CS, CG and CH districts by special exception only. The other change would allow a two-year window on all property that is currently zoned commercial for the regulations to apply. The Planning Commission has considered this amendment and unanimously recommended approval. It has been discussed in other settings. If approved, an ordinance will be presented to the Council on January 7, 2003 Mr. Cochran moved, seconded by Ms. Armstrong, to approve the text amendment to the Zoning Code to permit mini-storage units in CS, CG, and CH zoning districts by Special Exception only. AYE: Cochran, Armstrong, Kimball, Thoendel, Helm NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO APPENDIX F SIGN REGULATIONS, OF THE ZONING CODE FOR THE CITY OF OW ASSO. Mr. Moore said that the Community Development Department has been working to update the sign code in order to protect the local business environment. Difficulty by staff in interpreting the current code leads to an inconsistent level of enforcement. In addition to providing a more user-friendly format, several sections of the existing code have been modified either by new language, the rewording of some language and/or the exclusion of wording entirely. The City Council has reviewed the proposed code in work sessions, and it has been recommended for approval by the Planning Commission. Staff has also visited with several area community leaders, businesses and citizens concerning the proposed amendment. If the request is approved, an ordinance will be presented to the council on January 7, 2003. The only question raised at the council meeting regarded large balloon-type signs on the top of buildings, and whether or not they would be allowed under the proposed code. Mr. Moore responded that they would, indeed, be illegal under the new code. Prior to casting her vote, Ms. Anllstrong said that she has some concerns regarding permanent signs and would be voting against the amendment. Mr. Cochran moved, seconded by Ms. Kimball, to repeal the sign regulations contained in Appendix F of the - 3 - Owasso City Council December 17, 2002 Zoning Code for the City of Owasso, and replace it with a new sign code to be entered as Chapter 17 of the Zoning Code. AYE: Cochran, Kimball, Thoendel, Helm NAY: Armstrong Motion carried 4-1. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-02-08, A REQUEST TO REZONE PROPERTY LOCATED THE AT SOUTHEAST CORNER OF BIRCH STREET AND EAST SECOND STREET, FROM RM-1 (RESIDENTIAL MULTI-FAMILY LOW DENSITY) TO OL (OFFICE LIGHT), CONTAINING 2.02 ACRES, MORE LESS. Mr. Moore presented the item. Central Baptist Church is requesting the rezoning of approximately 2.02 acres on their property located at the southeast corner of Birch and Second St. The request is to rezone the property from RM-l (Residential Multi-Family) to OL (Office Light) in order to convert the existing church to office uses. The Technical Advisory Committee and Planning Commission have reviewed the request and both bodies have recommended approval. Ms. Kimball moved, seconded by Mr. Cochran, to approve the requested rezoning. AYE: Kimball, Cochran, Armstrong, Thoendel, Helm NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-02-09, A REQUEST TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF NORTH 129TH EAST AVENUE APPROXIMATELY 2400 FEE NORTH OF THE EAST 96TH STREET NORTH AND NORTH 129TH EAST AVENUE INTERSECTION, FROM RE (RESIDENTIAL ESTATES) TO CS (COMMERCIAL SHOPPING CENTER), CONTAINING 5 ACRES, MORE OR LESS. Mr. Moore said that the City has received a request to rezone approximately 5 acres located on the west side ofN. 129th East Ave, approximately 2400 feet north ofE. 96th St. N. The request is to rezone the property from RE (Residential Estates) to CS (Commercial Shopping Center). The Technical Advisory Committee and Planning Commission have reviewed the request and both bodies have recommended approvaL Mr. Cochran moved, seconded by Ms. Kimball, to approve the requested rezoning. AYE: Cochran, Kimball, Armstrong, Thoendel, Helm NAY: None Motion carried 5-0. - 4 .- Owasso City Council December 17, 2002 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORI)INANCE #731, AN ORDINANCE PROVIDING FOR THE PARTIAL CLOSING OF A UTILITY EASEMENT LOCATED IN LOT 43, BLOCK 6, SAWGRASS PARK AT BAILEY RANCH. Mr. Moore said that Simmons Homes has requested the closing of the north 2' of the south 11- foot utility easement on Lot 43, Block 6, Sawgrass Park at Bailey Ranch. The closure is being requested based on the incorrect placement of a single family structure. The encroachment was made primarily out of confusion between the easement location and the setback requirements. The Technical Advisory Committee and Planning Commission have reviewed the request and recommended approval subject to the following conditions: 1. The applicant must provide an official copy of the easement closure to the Community Development Depmiment. 2. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. Ms. Kimball moved, seconded by Mr. Cochran, to approve the easement closing subject to the conditions mentioned, and to adopt Ordinance #731. AYE: Kimball, Cochran, Armstrong, Thoendel, Helm NAY: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #732, AN ORDINANCE PROVIDING FOR THE CLOSING OF A STORMWATER DETENTION EASEMENT LOCATED IN LOT 1, BLOCK 2, RAM PLAZA ADDITION. Mr. Moore presented the item. The City of Owasso has received a request for the closing of the stormwater detention easement located on a portion of Lot 1, Block 2, Ram Plaza addition. The applicant is requesting the easement closure to allow the existing structure to remain by right. When the original site plan was approved, stOlmwater detention issues were incorporated into the approved plans for the buildings now occupied by Dickinson Theatre and the Owasso Mid-High School. According to staff at the time, stormwater detention facilities on those two properties were more than sufficient to accommodate stonnwater runoff from the property in questions. The Technical Advisory Committee and Plam1ing Commission have reviewed the request and recommended approval subject to the following condition: 1. The applicant must provide an official copy of the easement closure to the Community Development Department. Mr. Cochran moved, seconded by Ms. Kimball, to approve the requested easement closure, subject to the above-mentioned condition, and to adopt Ordinance #732. AYE: Cochran, Kimball, Armstrong, Thoendel, Helm NAY: None Motion carried 5-0. - 5 - Owasso City Council December 17,2002 ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE - - - tt728-L.AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 2 GARBAGE ANDREFUSE COLLECTIONS, ARTICLE B, SECTION 17-206 USE OF STREET, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA. Mr. Ray said that the City Council adopted Ordinance #727 on November 19,2002, wherein the City's permit fee for the collection of commercial refuse was repealed. The action was taken based on the recommendation of the staff and City Attorney as a method of resolving a lawsuit against the City filed by American Waste Control Inc. At the time there was also a request to modify language in the original ordinance in the near future relating to the transporting of waste on city streets. Mr. Gray was recently notified by American Waste's attorney that the lawsuit would be dismissed only when the action to repeal the section relating to transporting waste on city streets was accomplished. Ordinance #728 repeals the language prohibiting the transport of waste on city streets and new language has been written so that commercial trash haulers collecting trash within the City of Owasso will have to be permitted in order to transport the trash. Haulers simply going through the city from another location will not have to be permitted. Mr. Cochran moved, seconded by Ms. Kimball, to approve Ordinance #728, repealing Article B, Section 17-206 of the Code of Ordinances and adopting a new Section 17-206 relating to collection and hauling of waste without a permit. AYE: Cochran, Kimball, Armstrong, Thoendel, Helm NAY: None Motion canied 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #728. Because the settlement of the pending legal action will not be accomplished until the ordinance becomes effective, it is in the best interest of the citizens of the city to attach an emergency clause so that the ordinance will become effective immediately upon passage and publication. Ms. Atmstrong moved, seconded by ML Cochran, to approve the attachment of an emergency clause to Ordinance #728. AYE: Arnlstrong, Cochran, Kimball, Thoendel, Helm NAY: None Motion carried 5-0. - 6 - Owasso City Council December 17, 2002 ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF OW ASSO AND RODNEY. J. RAY. Mayor Helm said that the council discussed the contract for services with the city manager at the November and December work sessions. The contract is basically the same as the current year, with an increase in salary to $97,000, an increase in vacation benefit to three weeks per year, and language added regarding termination and severance and notices of non-renewal. Mr. Cochran moved, seconded by Ms. Kimball, to approve the agreement for services between the City of Owasso and the City Manager for the period January 1, 2003 through December 31, 2003. AYE: Cochran, Kimball, Arnlstrong, Thoendel, Helm NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO APPOINTMENTS FOR THE PURPOSE OF REPLACING FORMER COUNCILOR/MAYOR BROGDON ON THE INCOG BOARD OF DIRECTORS AND LEGISLATIVE CONSORTIUM. Mayor Helm requested that he be confirmed as the City of Owasso's representative on the INCOG Board of Directors, and that City Manager Rodney Ray be appointed to the Legislative Consortium, both appointees replacing former Councilor/Mayor Randy Brogdon. Ms. Kimball moved, seconded by Ms. Armstrong, to confirm and approve the appointments. AYE: Armstrong, Kimball, Thoendel, Cochran, Helm NAY: None Motion calTied 5-0. ITEM 1 : REPORT FROM CITY MANAGER No report. ITEM 19: REPORT FROM CITY ATTORNEY. No report. ITEM 20: REPORT FROM CITY COUNCILORS. Mayor Helm thanked Gary Akin and the Chamber of Commerce for sponsoring the annual holiday parade. He also thanked the council candidates for their interest in city govemment. ~ 7 - Owasso City Council ITEM 21: NEW BUSINESS. None. ITEM 22: ADJOURNMENT Ms. Armstrong moved, seconded by Ms. Kimball, to adjourn. AYE: Armstrong, Kimball, Thoendel, Cochran, Helm NAY: None Motion carried 5-0, and the meeting was adjourned at 7:08 p.m. - 8 - December 1 7, 2002 Michael Helm, Mayor