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HomeMy WebLinkAbout2003.09.16_City Council MinutesowASSO cITY coUNCIL MINUTES OF REGULAR MEETING Tuesday, September 16, 2003 The Owasso City Council met in regular session on Tuesday, September 16, 2003 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 5:00 p.m. on Friday, September 12, 2003. ITEM 1. CALL TO ORDER Mayor Cochran called the meeting to order at 6:35 p.m. ITEM 2e INVOCATION The invocation was offered by David Hert, Associate Pastor of the First Assembly of God Church. ITEM 3 ° FLAG SALUTE Councilor Cataudella led the flag salute. ITEM ~° ROLL CALL PRESE~tT ASSENT Gary Cochran, Mayor Susan Kimball, Vice Mayor Michael Helm, Councilor Craig Thoendel, Councilor Steve Cataudella, Councilor STAFF Rodney J. Ray, City Managez° Stephen Gray, City Attorney A quorum was declared present. ITEM 5, EMPLOYEE OF THE MONTH PRESEI~ITATION Mr. Ray introduced Mark Cleveland from the Police Department as September's City Employee of flee Month. Owasso City Council September 16, .2003 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of Minutes of the September 2, 2003 Regular Meeting and the September 9, 2003 Special Meeting. B. Approval of Claims. Mr. Helm moved, seconded by Mr. Thoendel, to approve the Consent Agenda with claims totaling $356,443.73 and payroll claims totaling $245,386.32. YEA: Kimball, Thoendel, Cataudella, Helm, Cochran NAY: None Motion carried 5-0. ITEM 7. PUBLIC HEARING. A Public Hearing relating to Community Development Project Activities and Needs within the City of Owasso, Oklahoma. Mr. Wiles presented the item. After explaining that a Public Hearing was a requirement in the grant application process, a Public Hearing was announced and the floor opened to the public for any questions relating to Community Development project activities and needs within the City. There were no questions or comments from the public. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN APPLICATION FOR F S FROM THE OKLAHOMA DEPARTMENT OF c®MMERCE (oDOC) C®MMUNITY DEVEL®PMENT BLOCK GRANT ECONOMIC DEVELOPMENT INFRASTRUCTURE FUNDS. Mr. Wiles presented the item. Mr. Cataudella moved, seconded by Mi°. Thoendel, to approve Resolution #2003-15, requesting financial assistance from the Oklahoma Department of Commerce to provide Storm Water Improvements to the existing site of National Steak and Poultry. YEA: Kimball, Thoendel, Cataudella, Helm, Cochran NAY; None Motion cai°ried 5-0. 2 Owasso City Council September 16, 2003 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN APPLICATION FOR FUNDS FROM THE OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT INFRASTRUCTURE FUNDS. Mr. Wiles presented the item. Former Mayor Groth asked if Northstar Technologies could be required to move from the leased offices if the City should need them. Mr. Wiles answered that the lease is for 2 years during which time the City could not remove them. After 2 years, Northstar would be required to move into other offices within the Community. Mr. Cataudella moved, seconded by Ms. Kimball, to adopt Resolution No. 2003-16, requesting financial assistance from the Oklahoma Department of Commerce to provide infrastructure improvements to the newly acquired "Old Central" Building in order to make available new, leaseable incubator space for Northstar Technologies. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. Mr. Wiles presented the item. Mr. Thoendel moved, seconded by Mr. Helm, for Council approval to submit an application for financial assistance for National Steak and Poultry storm water improvements project and authorizing the Mayor to execute all related application documents. YEA: Thoendel, Cataudella, Kimball, Helm, Cochran NAY: Nonc Motion carried 5-0. ITEM 11. CONSIDE TION AND APPROPRTATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO SUBMIT AN APPLICATION FOR F S FROM TI-IE OKLAHOMA DEPARTMENT OF COMMERCE FOR IMPROVEMENTS TO THE 66OLD CENTRAL" BUILDING AND RUTH®R(®(IZE THE MAY®R T® E~ECUTE ALL RELATED APP LICATI®N DOCUMENTV. The item was presentcd by Mr. Wiles. Former Mayor Groth asked for a definition of `incubator space'. Mr. Wiles stated that incubator space was affordable start-up space provided to a new business for a certain period of time until such business could become established. Mr. 3 Owasso City Council September 16, 2003 Cataudella moved, seconded by Mr. Helm, for Council approval to submit an application for financial assistance for improvements to the "Old Central" Building and authorizing the Mayor to execute all related application documents. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF AN AGREEMENT BETWEEN INCOG AND THE CITY OF OWASSO FOR ADMINISTRATIVE SERVICES RELATING TO THE APPLICATION FOR FUNDS FROM THE OKLAHOMA DEPARTMENT OF COMMERCE IN EXCHANGE FOR THREE PERCENT OF THE GRANT AMOUNT, SUCH FUNDS TO COME FROM THE CITY'S REQUIRED CASH MATCH. Mr. Wiles presented the item. Ms. Kimball moved, seconded by Mr. Helm, for Council approval of the Administrative Agreement between the City of Owasso and INCOG. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. Before Item 13 was presented, Mayor Cochran introduced Mr. Andy Armstrong, an INCOG representative, who was in the audience. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE CONFIRMATION OF APPOINTMENTS TO THE MASTER PLAN STEERING COMMITTEE, A COMMITTEE DESIGNED TO GUIDE THE OWASSO MASTER PLAN, ADOPTED BY THE CITY COUNCIL ON JANUARY 1 ~, 2000. Mr, Wiles presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, foi° Council Confii°mation of the appointments of the following persons to the Master Plan Steering Committee: Mr. Dewey Brown, Planning Commission Mt°, Steven Cataudella, City Council Mr. Page Cole, Citizen Mr. Bruce Jones, Owasso Reporter Mi°. Pete Kourtis, Citizen Mz°. Chuck Smith, Citizen Dr. Dirk Thomas, Citizen 4 Owasso City Council September 16, 2003 YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried S-0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO ACCEPT THE OKLAHOMA DEPARTMENT OF COMMERCE SMALL CITIES PROGRAM SET-ASIDE GRANT FOR IMPROVEMENTS RELATING TO THE AMERICANS WITH DISABILITIES ACT (ADA). Mr. Wiles presented the item. Mr. Helm asked Mr. Wiles why the staff doesn't administer the grant instead of INCOG. Mr. Wiles stated that previous practices have shown it is more cost- effective for INCOG to administer the gt°ant. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council acceptance of the Small Cities Set-Aside Grant in the amount of $67,132.00 and authorize the Mayor to execute the acceptance letter and all related documents and also Council approval of an agreement with INCOG to administer the Grant for an amount not to exceed $4,000.00. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 1 S. CONSIDERATION AND APPROPRIATE ACTION EATING TO A REQUEST FOR COUNCIL APPROVAL OF PROPOSED CHANGES TO THE SICK LEAVE INCENTIVE POLICY. Ms. Dempster presented the item. She stated that the four changes to the Sick Leave and Incentive Policy were 1) reducing the number of sick leave available hours i°equired to join the Sick Bank/Incentive Plan from one year's accrual to 90% of one year's accrual9 2) allowing employees to join Sick Bank /Incentive Plan at one year of service or upon accruing 90% of one year's accrual instead of at one year of service or during open enrollment; 3) increasing the maximum sick leave grant an employee can z°eceivc during any twelve consecutive months from four pay periods to six pay periods; and 4) changing the calculation for sick leave incentive payout so that an employee can use a few hours of sick leave during the yeaz° and still earn the $17S maximum allowed. Mr. Cataudella moved, seconded by Ms. Kimball, for Council approval of the proposed changes in the cuz°rent Sick Leave Banl~ and Incentive Policy. YEA; Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried S-0. S Owasso City Council .September 16, 2003 ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF SUPPLEMENTAL APPROPRIATIONS IN THE GENERAL FUND, THE CEMETERY FUND, AND THE PARK DEVELOPMENT FUND. Ms. Bishop presented the item. Mr. Helm moved, seconded by Mr. Cataudella, for Council approval of Supplemental Appropriations in the General Fund for $260,396.00, the Cemetery Fund for $65,700.00 and the Park Development Fund for $150,000.00. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE BENCOR/OWASSO, L.P. FINAL PLAT. THE SUBJECT PROPERTY IS LOCATED IN THE SOUTHWEST CORNER OF 96TI-; STREET NORTH AND 129TH EAST AVENUE. Mr, Cuthbertson presented the item. Mr. Helm moved, seconded by Ms. Kimball, for Council approval of the Bencoz°/Owasso, L.P. Final Plat. YEAa Kelm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried SaO. Mr. Cuthbertson pz°escnted the item. Mr. Thoendel moved, seconded by Mr. Cataudclla, for Council approval of the Oklahoma National Bank Final Plat. YEA: Kelm, Thoendel, Cataudella, Kimball, Cochran NAYe N®ne Motion carried SmO. 6 ®wasso City Council Septembe~° I6, 2003 ITEM 19. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE REMMINGTON PLACE FINAL PLAT. THE SUBJECT PROPERTY IS LOCATED 1/2 MILE WEST OF NORTH 129TH EAST AVENUE ON THE SOUTH SIDE OF 116TH STREET NORTH. Mr. Cuthbertson presented the item. Mr. Cataudella moved, seconded by Ms. Kimball, for Council approval of the Remmington Place Final Plat. YEA: Helm, Thoendel, Cataudella, Kimball, Cochi°an NAY: None Motion carried 5-0. ITEM 20. CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPEAL OF A DECISION OF THE OWASSO PLANNING COMMISSION OF OLS 03-10, A LOT SPLIT APPLICATION SUBMITTED BY CAPITAL HOMES RESIDENTIAL GROUP, L.L.C. FOR THE SUBJECT PROPERTY LOCATED AT 10220 NORTH 141sT EAST COURT IN THE COFFEE CREEK ADDITION. Mr. Cuthbertson presented the item. Mr. Stuart Gallagher°, General Manager of Capital Homes, L.L.C. addressed the Council regarding the safeguards he had established in the home building process to eliminate the problem such as the one that required the lot split. Mr, Helm asked Mr. Gallagher if requiring stem wall surveys would keep this problem from re-occurring, and would the builders object to the surveys. Mr. Gallagher responded that it would, and the builders would not object, Mr. Helm moved, seconded by Ms. Kimball, for Council approval of the lot split application OLS 03-10, Mr. Helm then requested Mayor Cochran to direct the City Manager to develop a policy that would r°equire stem wall surveys on all building permit applications. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion cart°ied 5-0. ITEM 21. CONSIDERATION A APPROPRIATE ACTION EATING TO A QUEST FOR COUNCIL APPROVAL OF SUPPLEMENTAL APPROPRIATIONS FOR THE FIRE CAPITAL F A THE GENE L F . Ms. Bishop presented the item. Ms. Kimball moved, seconded by Mr. Helm, for Council approval of a supplemental appropriation in the General Fund increasing estimated interfund transfer revenues and interfund transfer expenditures by $60,000.00 and a supplemental appropriation in the Fire Capital Fund increasing estimated interfund transfer revenues and interfund transfer expenditures by $60,000.00. 7 Owasso City Council Septenzbe~ 16, X003 YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 22. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF PAYMENT OF INTERFUND TRANSFERS FOR THE FIRE CAPITAL FUND AND THE GENERAL FUND. Ms. Bishop presented the item. Ms. Kimball moved, seconded by Mr. Helm, that Council authorize the payment of a $60,000.00 transfer from the General Fund to the Fire Capital Fund and authorize the payment of a $60,000.00 transfer from the Fire Capital Fund to the General Fund when the fund balance in the Fire Capital Fund exceeds $60,000.00. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 23. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE PURCHASE OF A NEVJ FIRE TRUCK. Chief Fisher presented the item. Former Mayor Groth asked if Pumper #3 could be repaired for future use. Chief Fisher answered that it would take substantial funds and time and would not be feasible. Mr. Helm expressed concerns regarding water pressure and fire flow as it relates to fire fighting capabilities. Mr. Helm asked Mayor Cochran to direct the City Manager and the Fire Chief to identify areas of concern. Ms. Kimball moved, seconded by Mr. Cataudella, that Council approve the purchase of an American LaFrance 1250 GPM Top Mount Custom Pumper/750 gallon capacity demo model fire truck from ATC-American LaFrance for the purchase price of $210,000.00 and authorize payment upon final acceptance of the truck. YEA: Helm, Thoendel, Cataudclla, Kimball, Cochran NAY: None Motion carried ~m0. ITEM 2~. CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPROVAL OF CHANGE ORDER NO. 1 AND FINAL ACCEPTANCE AND AUTHORIZATION OF FINAL PAYMENT FOR THE FY 02-03 STREET REPAIR PROJECTS. Mr. Carr presented the item. Ms. Kimball moved, seconded by Mr. Helm, for Council approval Change Order No.l in the amount of $4,352.56 as well as Acceptance of the FY 02-03 Street 8 Owasso City Council September 16, 2003 Repair Projects and Authorization for Final Payment to Magnum Construction, Inc. in the amount of $5,672.83. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 25. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CONTRACT FOR FAIRWAYS DRAINAGE IMPROVEMENTS. Mr. Carr presented the item. Mr. Thoendel moved, seconded by Mr. Helm, that Council award the bid for the Fairways Drainage Improvements to Morton Excavating of Coweta, Oklahoma, in the amount of $158,714.30. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion can°ied 5-0. ITEM 26. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE FY 2001 CDBG SIDE~IALK REHABILITATION IMPROVEMENTS APPROVAL OF FINAL PAYMENT. Mr. Carr presented the item. Mr. Cataudella moved, seconded by Mr. Helm, for Council acceptance of the FY 2001 CDBG Sidewalk Rehabilitation Improvements and approval of final payment to Horizon Construction Company in the amount of $13,111.50. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 27. CONSIDERATION A APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF STREET A STORMWATER D AGE SYSTEM IMPROVEMENTS FOR PHASE I OF THE G TT CREEK ADDITION. Mr. Carr presented the item. Mr. Thoendel moved, seconded by Mr. Cataudella, for Council acceptance of Stt°ects and Stormwater Drainage Improvements for Phase I of the Garrett Creek Addition. 9 ®wczsso City C®uncil S'eptefnbea~ 16, 2003 YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 2~. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF STREET AND STORMWATER DRAINAGE SYSTEM IMPROVEMENTS FOR THE NEW BRUNSWICK ADDITION. Mr. Carr presented the item. Ms. Kimball moved, seconded by Mr. Thoendel, for Council acceptance of the Streets and Stormwater Drainage System Improvements for the New Brunswick Addition. YEA: Helm, Thoendel, Cataudella, Kimball, Cochran NAY: None Motion carried 5-0. ITEM 29. CONSIDERATION AND APPROPRIATE ACTION RELATING TO RATIFICATION OF A CONTRACT RELATING TO REAL ESTATE ACQUISITION FROM WAYNE AND DONNA ALBERTY, APPROVAL OF SETTLEMENT AUTHORIZATION FOR PAYMENT OF SETTLEMENT MONIES. Mr. Ray presented the item. Mr. Helm asked Ms. Kimball if she and her husband had ever charged the City for right®of--way. Ms. Kimball responded no. Ms. Kimball moved, seconded by Mr. Cataudella, for Council appr°oval to ~°atify the Real Estate Acquisition from Wayne and Donna Alberty, approve the settlement, and authorize payment of settlement monies. YEA: Thoendel, Cataudella, Kimball, Cochran NAY: Helm Motion cai°ricd 4-1. ITEM 30. CONSIDERATION A APPROPRIATE ACTION RELATING TO ACQUISITION OF REAAL PROPERTY .FROM THE~7 FFA ALUMNy~I ASa~9j®/(CIATI®N, APPR®VAL ®F C®NTRACT, AND AUTAA®RI6_sATI®N ®A' PA 1 1Vl.ENT C®MPENSATI®N. 10 Owasso City Cozcnca7 S'eptembe~~ 16, 2003 Mr. Ray presented the item. Mr. Helm commented that he was offended by the FFA Alumni Association's actions and further commented that he is appalled that Ms. Kimball, who has given right-of--way to the City, volunteers her time on City Council, then has a $100,000 expense presented to her. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council approval to ratify the Real Estate Acquisition from the Owasso FFA Alumni Association, approve the Settlement Amount, and authorize payment of the Settlement Amount of $100,000.00 on completion of the Title Curative Activity of the FFA and its predecessor in Title, Owasso Public Schools. YEA: Thoendel, Cataudella, Kimball, Cochran NAY: Helm Motion carried ~-1. ITEM 31. REPORT FROM CITY MANAGER Mr. Ray mentioned he received a memo from Mr. Carr addressing a plan established because of the recent storm-related situation wherein citizens needed a place for immediate disposal of branches, etc. This plan will be discussed in a future Council meeting. Mr. Ray introduced Howard Stamper, as a past member of City Council and a past Civil Defense Director. ITEM 32. PORT FROM CITY ATTORNEY None ITEM 33. REPORT FROM CITY COUNCILORS Ms. Kimball stated that considering the bad weather, the City's Hlock Parties were a success. She thanked Chief Fisher and Chief Yancey for their participation, Mr. Helm requested of the City Manager a Plat of the City and a policy written that stated no project could be contracted until we have all right-of ways secured. Mr°. Helm requested the Mayor direct the City Manager to develop a policy that would prohibit the City from providing wastewater services unless the developgnent utilized the City's water services. 11 Owasso City Council ITEM 34. NEW BUSINESS Septefnber 16, 2003 Mr. Stamper wondered when the City planned to do clean-up on the Cemetery project. Mr. Carr stated that the contractor would do final clean-up in the next few days. Mr. troth said he was impressed with the new fence at the Cemetery and had heard many comments from Owasso citizens expressing their pleasure in the excellent condition of City parks. ITEM 35. ADJOURN1v1ENT Ms. Kimball moved, seconded by Mr. Helm, to adjourn. YEA: Kimball, Helm, Thoendel, Cataudella, Cochran NAY: None Motion carried 5-0 and the meeting was adjourned at 8:26 p.m. r %~ ~ ~!; I~at Fry, Minute Cler ~~; ~~~ Gary Cochran, Mayor 12