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Home My WebLink About2003.04.15_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 15, 2003 The Owasso City Council met in regular scssion on Tuesday, April 15, 2003 in the Council Chambcrs at the Owasso Community Center pcr thc Notice of Public Mecting and Agenda posted on thc City Hall bulletin board at 4:00 p.m. on Friday, April 11, 2003. ITEM I: CALL TO ORDER Mayor Hclm called the meeting to order at 6:35 p.m. ITEM 2: INVOCATION Thc invocation was offered by Pastor Kevin Stewart, Ccntral Baptist Church ITEM 3: FLAG SALUTE City Attorney Steve Gray led in thc flag salute. ITEM 4: ROLL CALL PRESENT Michael Helm, Mayor - 18/0 Gary Cochran, Vice Mayor - 15/3 Susan Kimball, Councilor - 18/0 Craig Thocndel, Councilor ",. 15/0 Stcve Cataudella, Councilor - 4/0 ABSENT STAFF Rodney.l. Ray, City Manager Marcia Boutwcll, City Clerk Stcphen P. Gray, City Attomey A quorum was declared prescnt. ITEM 5: B.l\.i\,DING OF MA YOR';U.'EQ~LA.MATION Mayor Helm read and prcsentcd a proclamation to Michacl Doering, in honor of his achievemcnt in attaining the rank of Eagle Scout. Also introduccd were Michacl's mother and scoutmaster. ITEM 6: RECOGNITION OF EMPLOYEE OF THE MONTH. _.___._ ..mm.m~~__ _________.___.._.. The Employce of the Month was unable to be present, and this item was removcd from the agenda. Owasso City Council April15,2003 ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. --- A. Approval of Minutcs of thc April 1, 2003 Regular Meeting and the April 8, 2003 Special Meeting. B. Approval of Claims. C. Action Relating to Ordinance #749, an Ordinance Providing for the Annexation of Approximately 20.65 Acres, Generally Locatcd on the East Side of North 9il1 East Avcnuc, Approximatcly 2640 Fect North of East 116111 Strect North (Ward 1). D. Action Relating to Acccptancc of the Sanitary Sewer System Constructcd to Serve Watercolours at Coffee Creek, an Addition to the City of Owasso, Tulsa County, Oklahoma. E. Action Relating to the Submittal of Closcout Documents for #9716 CDBG 00, Small Cities Grant. F. Action Relating to a Request to Designate the Mayor as the City's Certifying Officer as Provided for by the National Environmental Policy Act of 1969 for the Purpose of Assuming Overall Responsibility for the Environmental Rcvicw Process of#l 0629 CDBG 02, Small Cities Grant. G. Action Relating to a Request that a Finding of "No Significant Impact on the Environment" Will Occur as a Result ofthc #10629 CDBG 02 Program Activity. H. Action Relating to a Requcst for Council Authorization for the Mayor to Executc an Environmental Certificate and Rcquest for Release of Funds for Projcct #10629 CDBG 02. I. Action Rclating to a Rcquest for Council Approval of an "Antidisplacemcnt Plan" for Projcct #10629 CDBG 02. J. Action Relating to Rcsolution 112003,03, a Resolution Committing up to $67,132 as Lcvcragc from the City of Owasso, Oklahoma to Project 1110629 CDBG 02. Item #7 -C was removed from the Consent Agcnda at the rcqucst of staff to be votcd on separatcly. The consent agcnda, with thc cxccption of item #7,C, included minutes of the April 1, 2003 regular meeting and April 8, 2003 special meeting, by reference made a part hcreto. Item B on thc conscnt agcnda included thc following claims: (I) Gcncra1 Fund $81,024.90; (2) Ambulance Scrvicc Fund $2,022.; (3) E,911 Fund $1,936.99; (4) Capital Improvements Fund $52,141.21; (5) Bond Projects Fund $30,344.43; (6) City Garage Fund $18,245.76.41; (7) Workers Comp ,2 - Owasso City Council April 15,2003 Fund $2,382.24; (8) Collision Sclf-Insurancc Fund $3,565.62; (9) Payroll $214,895.96; (10) City Garage Payroll $4,412,54; (II) Ambulance Payroll $10,902.59; (12) E-911 Payroll $2,861.58; (13) Workers Comp Payroll $727.00. Item D on thc consent agcnda requcsted acceptance of the sanitary scwer system constructed to serve Watercolours at Coffee Creek. Item E rcqucstcd completion and execution of all closeout documcnts rclatcd to #9716 CDBG 00, Small Cities Grant. Itcms F, G, H & I rcquestcd action by the Council for "housekeeing" items relatcd to 10629 CDBG 02. Item J requested approval of Resolution #2003-02 committing $67,132 levcragc from thc City to projcct 10629 CDBG 02. Ms. Kimball moved, seconded by Mr. Cochran, to approve the consent agenda, minus item 7-C. AYE: Kimball, Cochran, Thoendel, Cataudclla, Hclm. NAY: None Motion carried 5-0. Ms. Kimball recused herself from discussion or voting on item 7-C. Itcm 7,C requested approval of Ordinance #749, annexing approximately 20.65 acres near the northcast corner of North 9il1 East Avc. & East 116111 St. N. Mr. Cataudella moved, seconded by Mr. Thoendcl, to approve Item #7,C on the Consent Agenda. AYE: Cataudella, Thocndcl, Cochran, Hclm. NAY: None Motion carricd 4-0. ITEM 8: PUBLIC HEARING RELATING TO COMMUNITY DEVELOPMENT PROJECT ------.----- ACTIVITIES AND NEEDS WITHIN THE CITY OF OW ASSO, OKLAH,QIVIA. Mr. Wilcs conducted a Public Hcaring for the purpose of receiving recommendations and citizen input regarding community development nceds within the City of Owasso for the small cities CDBG program. The City plans to continue improvcments in the arca bctwcen 76111 St. and 86111 St. from Highway 169 west to Atlanta. The public hearing was also to rcceivc commcnts on thc pcrformance of thc City in regard to sidewalk improvements completed under the prcvious CDBG program. Thc public hcaring must be held to satisfy the requirements of the CDBG program. Thcrc werc no commcnts or questions from citizens or the council. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN ~_._._._--~_. _._._---_._-~.....~-_.._..~._.~_._-_.~-~. ._~.._.~_. APPLICATION FOR FUNDS FROM THE OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) FOR THE SMALL CITIES pROGR_AM~ Mr. Wilcs said that Rcsolution #2003-04 rcqucsts financial assistance from ODOC for the community dcvelopment project, and affirms that the City will abidc by all fedcral and state rules attachcd to thc CDBG program. It also authorizes thc Mayor to execute an application in the amount of $67,132 for thc FY 2003 Small Citics Program. Mr. Cochran moved, seconded by Ms. Kimball, to approve Resolution #2003-04. ,3 ' Owasso City Council April 15,2003 AYE: Cochran, Kimball, Thoendel, Cataudella, Helm. NAY: None Motion canied 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CITIZEN PARTICIPATION PLAN FOR THE FY 2003 SMALL CITIES PROGRAM. As part of its contract to administer the CDBG program with thc City of Owasso, INCOG has prcpared a Citizcn Participation Plan for thc project Mr. Wiles said that the plan providcs for and cncourages citizen participation, particularly by low and modcratc incomc pcrsons who reside in areas where CDBG funds are proposcd to bc used. It also ensures that citizens will bc givcn rcasonablc and timely acccss to local meetings, infonnation, and records relating to proposed and actual use of funds. Mr. Thoendel moved, seconded by Mr. Cataudclla, to approve the Citizen Participation Plan and authorize the Mayor to exccute the document relating to that plan. AYE: Thoendel, Cataudella, Kimball, Cochran, Helm. NAY: None Motion carricd 5,0. ITEM 11 : CONSIDERATION AND APPROPRIATE ACTION RELATING TO ~-_.._- . RESOLUTION #2003,05, A RESOLUTION APPROVING THE CONTINUED PARTICIPATION OF THE CITY OF OWASSO IN THE METROPOLITAN TULSA HOME CONSORTIUM. Mr. McElrath prcscnted the item. Thc City of Owasso has participated in the HOME Consortium for the past nine years. In 1996, through the program, eligible citizcns of Owasso received approximately $75,000 in low-interest or no-intcrest loans for housing rehabilitation. The City is eligible for $97,580 of the samc type of funds for the upcoming year. In order to participatc in the consOliium for FY 2004-2007, the City must adopt a resolution approving that participation. Mr. Cochran moved, sceonded by Mr. Thoendel, to approvc Resolution #2003,05 approving the continued participation of the City of Owasso in thc Mctropolitan Tulsa HOME Consortium, and authorizing thc Mayor to cxecutc the cooperation agreement. AYE: Cochran, Thoendel, Kimball, Cataudella, Helm NAY: Nonc Motion carried 5,0. -4 - Owasso City Council April 15,2003 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ,03,02, A REEQUEST TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF NORTH GARNETT ROAD, APPROXIMATELY 2640 FEET NORTH OF EAST 1161H STREET NORTH, FROM AG (AGRICULTURE) TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 11.33 ACRES MORE OR LESS. ~ Mr. Moore said that DG&S Properties has rcquested the rezoning of approximatcly 11.33 acrcs located near the northwest corncr of E. 116111 St. N. & N. Garnett Rd, for the purpose of complcting Country Estates VI, a residential subdivision. The site would rcccivc rcsidential water service from Rural Water District #3 Washington County, and scwcr scrvice from thc City of Owasso. The rezoning requcst has been reviewed by the Technical Advisory Committee and thc Planning Commission, and both recommended approval. Ms. Kimball movcd, seconded by Mr. Cataudella, to approve the requested rezoning. AYE: Kimball, Cataudella, Thocndcl, Cochran, Hclm NAY: None Motion cal1'ied 5,0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-03,03, A REQUEST.JO jZEZONE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH BIRCH STREET AND EAST THIRD A VENUEJ.30,L~ BIRCH ST.), FROM RS,3 (KE~IDENTIAL SINGLE FAMILY HIGH DENSITY) TO CG (COMMERCIAL GENERAL), CONTAINING .32 ACRES MORE OR LESS. The City of Owasso has received a request to rezone property at the southwest corner of S. Birch & E. Third Ave. from RS,3 to CG. Mr. Moore said that the applicant is proposing the location of a lawn care and landscaping officc. Thc rezoning request has been reviewed and recommendation approved by thc Tcchnical Advisory Committee and the Planning Commission. Staff has rcccivcd sevcral phonc calls in opposition of thc request. Several citizens of the area were in attcndancc, & Ms. Delorcs Hayes acted as spokesperson, speaking against commcrcial zoning in a residcntial area. John Groth also spoke against the rezoning. Scott Moody, thc applicant, pointed out that he will be constructing a metal building with a partial brick vcneer, and there will be substantial landscaping around thc building. Thcrc will be a privacy fence constructed around any outside storage buildings. Following much discussion, Ms. Kimball movcd, seconded by Mayor Helm, to approve the requested rezoning. AYE: Kimball, Helm, Cataudella, Thoendel, Cochran NAY: None Motion carricd 5-0. - 5 - Owasso City Council April 15, 2003 ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #750, AN ORDINANCE PROVIDING FOR THE PARTIAL CLOSING OF A UTILITY EASEMENT LOCATED ALONG THE SOUTH EDGE OF THE NSP PROPERTY (301 E. FIFTH AVE.) Mr. Wiles said that the City has rcccivcd a request from National Stcak & PoultJy for the partial closing of their southcrn 17.5' utility eascment. Thcy are requesting this closure to permit the expansion of thcir facility to within 12 feet of the cxisting roadway. Staff has rcvicwcd the rcqucst and bclievcs that any future roadway cxpansion on E. Fifth Ave. could be done without a problem. The applicant has rcccived Board of Adjustment approval for thc cncroachment into thc minimum 50,foot building setback line. Thc Tcchnical Advisory Committee & Planning Commission have recommended approval subject to the following conditions: 1. The applicant must provide an official copy of the easement vacation to the Community Dcvclopment Department after District Court approval. 2. The applicant must construct a collision balTicade, the construction of the barricade must coincide with thc construction of the building addition. Mr. Cataudella moved, secondcd by Mr. Cochran, to approve thc requested partial cascmcnt closure and Ordinancc #750. AYE: Cataudella, Cochran, Kimball, Thoendel, Helm NAY: None Motion carricd 5,0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #751, AN ORDINANCE PROVIDING FOR THE_~LOSING OF DEDICATED RIGHT-OF,WAY LOCATED ON THE NORTH SIDE OF EAST FIFTH AVENUE, ALONG THE SOUTH EDGE OF THE NSP PROPERTY (301 E. FIFTH AVE.). Mr. Moore said that thc City has received a request from National Stcak & PouItry for thc partial closing of the northcrn 40' right,of-way along E. Fifth Avc. in thc same place as the previous itcm. Again, this is being requested to allow for the expansion of their existing facility. They are rcquesting this closurc to permit the expansion of their facility to within 12 feet of thc existing roadway. Staff has reviewed the request and bclicves that any futurc roadway expansion on E. Fifth Ave. could be donc without a problem. The applicant has received Board of Adjustment approval for thc encroachment into the minimum 50-foot building sctback linc. Thc Technical Advisory Committee & Planning Commission havc rccommcndcd approval subject to the following conditions: 1. The applicant must provide an official copy of the right,of.way vacation to thc Community Development Dcpartment after District Court approval. 2. The construction of the building may not come within 12 feet of the existing roadway. 3. The applicant must construct a collision balTicade, the construction of thc barricadc must coincide with thc construction of the building addition. - 6, Owasso City Council April 15, 2003 Delorcs Hayes asked to address the council, and once again address cd the issues relating to Itcm #13. With no questions on this itcm, Mr. Thoendcl moved, seconded by Mrs. Kimball, to approve the requcst right-of-way vacation and Ordinance #751. AYE: Thoendcl, Kimball, Cataudella, Cochran, Helm NAY: None Motion calTied 5,0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR GARRETT CREEK ESTATES, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA. Thc GalTett Creck Estates Addition is located southcast of the comer ofN. 129111 East Ave. & E. 116111 St. N. Mr. Moore said that the plat contains 84 residential lots within five blocks on approximately 21.86 acres, morc or less. Water service will be providcd by Rural Water District #3 Washington County, and sewer service will be provided by the City of Ow as so. DEQ permits have been issued for the construction of sanitary sewcr and water lines to serve the addition. The Technical Advisory Committec rcviewed the application for the final plat and requested 22 modifications. All modifications have bccn made and are shown on the final plat. The Planning Commission has also reviewed thc request and recommcnded approval. Mr. Cochran moved, scconded by Mr. Cataudella, to approve the final plat for Garrctt Crcck Estates. AYE: Cochran, Cataudclla, Thoendel, Kimball, Helm NAY: None Motion catTied 5,0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACQUISITION OF REAL PROPERTY LOCATED AT 109 NORTH BIRCH (CENTRAL BAPTIST CHURCH), OW ASSO, OK. Mr. Ray said that thc staff has recently leamed that the Central Baptist Church building, located immediately east of the City's Municipal Building, is for sale. There had been a potential purchascr and a signed contract, howcver, that offcr has been withdrawn. Thc grcatest opportunity for the City as a result of thc purchase of the property would be the acquisition of thc land. The opportunity to acquire two acrcs of land contiguous to our current facility is a good business decision. An inspection of the building has dctermined that some immediate items would need to be addressed if it werc to bc us cd by the City for public purposes. A two-hour firewall would nccd to be constructed in a portion of thc building, exit signs and cmergency lighting would need to be addcd at exit areas, and panic hardware would nced to be added to thc doors. The estimatc for these necessary improvements, above and beyond an contract offer, is approximatcly $30,000. A review of Capital Improvcment Funds indicates that there is sufficicnt revcnuc to purchase the building from that source. Thc Capital Improvements Committcc reviewed thc potential purchasc of the building at thcir April 10, 2003 and - 7 - Owasso City Council April 15, 2003 unanimously rccommcnded for the City Council to pursue the purchasc of the facility. Staff requestcd Council approval of a contract for thc purchase of the Central Baptist Church propcrty in the amount of $650,000. Citizen John Groth spokc in favor of the purchase. Ms. Kimball movcd, scconded by Mr. Cochran, to approve thc contract for the purchase of property located at 109 N. Birch, such purchasc in thc amount of $650,000, and authorization for thc Mayor to execute all documents necessary to the closing of the purchase. AYE: Kimball, Cochran, Cataudella, Thocnde1, Helm NAY: Nonc Motion can-icd 5,0. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR FY 2001 CDBG ADA SIDEWALK REHABILITATION PROJECT. Ms. Stagg said that thc City of Owasso was awardcd a Small Cities Grant in the amount of $67,132, to bc matched by the City, for a sidewalk rehabilitation project in the oldcr part of the city. Contract documents and specifications were prcpared and the project was bid, with bids being opened on April 10, 2003. Contract documents wcre structured with a base bid to complctc all construction and various repairs. Two altematcs were included for the removal and replacement of firc hydrants and strcct signs that currcntly obstruct thc construction of the proposed ncw sidewalks. Four companies submitted bids, with Horizon Construction Co., Owasso, OK, submitting the apparcnt low bid. Staffrccommcnded that thc award ofthc contract bc based on the base bid of $131,131.31 and the alternate for the removal & replacement of fire hydrants of $4,332.25. Funds arc available through thc fcdcral matching grant and the FY 01-02 Capital Outlay budget in Capital Projects. Mr. Thoendel moved, seconded by Mr. Cataudella, to award a contract to Horizon Construction Co., Inc., Owasso, OK, in thc amount of $135,463.56 for the FY 2001 CDBG Sidcwalk Rehabilitation Projcct consistcnt with bid specifications, such award to include the base bide plus altemate #1 (rclocation of two fire hydrants). AYE: Thoendel, Cataudella, Kimball, Cochran, Helm NAY: Nonc Motion catTicd 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ..._--~ --- RESOLUTION #2003~0()2ARf.~OLUTION DECLARI1'!9.CITY OF OW ASSO ADOPTIQt1 AND SUPPORT OF "A" COMPANY, 1ST BATTALION, 502NIJ INFANTRY REGIMENTL1Ql~~AJRBORNE DIVISION. Mr. Rooney said that America Supporting Americans is an organization founded to provide a mechanism to allow for the adoption of all troops and branches of thc United Statcs Armcd Serviccs by citics in thc United States. City of Owasso staff has contacted ASA and requested thc assignment of a unit to be adopted, as a means of showing our SUPPOlt to the troops. The City of Owasso has been assigned thc above-rcferenccd unit. Citics that adopt a unit are requircd - 8 - Owasso City Council April 15, 2003 to pass a "Resolution of Support", which is mail to thc adopted unit. Additional requirements, aftcr contact is established, include presenting thc unit with a symbolic key to the city, the city council appointing a liaison committce from within thc community, and the liaison committee seeking support from schools, civic groups, businesses, chamber of commcrce, senior citizen organizations, govemment agcncies, Fire Departmcnt, Police Department and the local media. Mr. Cochran movcd, scconded by Mr. Cataudella, to approve Resolution #2003,06. AYE: Cochran, Cataudella, Kimball, Thoendel, Helm NAY: None Motion carried 5-0. ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING APPOINTMENT AND CONFIRMATION OF A CITY REPRESENTATIVE TO THE MUSEUM ADVISORY BOARD. TO THE COUNCIL Mayor Helm recommendcd and moved for the appointment of Ms. Melinda Voss as the City Council representativc to the Muscum Advisory Board. Motion seconded by Ms. Kimball. AYE: Hclm, Kimball, Cataudella, Thoendel, Cochran, NAY: None Motion carried 5-0. ITEM 21: REPORT FROM CITY MANAGER Mr. Ray rccognized and introduced sevcral members of Central Baptist Church. Hc also rccognized Chad Williams, who has bccn employed by the City of Owasso as a civil engineer and who is leaving thc City to take a job in the private scctor. ITEM 22: REPORT FROM CITY ATTORNEY. -- - No report. ITEM 23: REPORT FROM CITY COUNCILORS. _~"~._~~.._.~m. ._.... ..._~...__._._ Mayor Helm introduccd Chamber Presidcnt Gary Akin, who prcsented some information about the upcoming Trail Days. ITEM 24: NEW BUSINESS. None. - 9 - Owasso City Council ITEM 25: ADJOURNMENT Ms. Kimball movcd, seconded by Mr. Thoendel, to adjoum. AYE: Kimball, Thoendel, Cataudella, Cochran, Hclm NAY: Nonc April 15, 2003 Motion carricd 5,0, and the meeting was adJ'ourncd at 7:35 p.m. . / / //1 / / " / I, / 1 ,. . , 1 1 ( A '/ .oJ /. " f I (/J' "-. /"(, (.' r' ,,-" I i Mn;h~tllI@lm, Mayor Gaf~ <!oehmr. - 10,