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HomeMy WebLinkAbout2004.05.18_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 18, 2004 The Owasso City Council met in regular session on Tuesday, May 18, 2004 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, May 14,2004. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Corey Burd, Interim Golf Director at Bailey Golf Ranch. ITEM 3. FLAG SALUTE City Councilor Steve Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT Susan Kimball, Mayor Craig Thoendel, Vice Mayor Steve Cataudella, Councilor Brent Colgan, Councilor Gary Cochran, Councilor ABSENT A quorum was declared present. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney ITEM 5. READING OF MAYOR'S PROCLAMATION Mayor Kimball introduced Marsha Boutwell and Melinda Voss, representing the Owasso Historical Museum. Ms. Kimball then read a Mayor's Proclamation proclaiming the week of May 16-22,2004 as National Museums Week. Owasso City Council May 18, 2004 ITEM 6. READING OF MAYOR'S PROCLAMATION Mayor Kimball introduced Matt & Marsha McKinney, representing the Aircraft Maintenance Technicians Association, Ms. Kimball then read the Mayor's Proclamation proclaiming the 24th day of May, 2004 be known as Charles Edward Taylor Day to proudly honor all Aviation Maintenance Technicians and advance public appreciation for the contributions made in order to provide safe and reliable air transportation. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the May 4, 2004 Regular Meeting and the May 10, 2004 and May 11, 2004 Special Meetings. B. Approval of Claims. C. Action relating to Council approval of Resolution No. 2004-09, a resolution requesting financial assistance from the Oklahoma Department of Commerce for the CDBG '04 program, affirms the City of Owasso will abide by all federal and state rules regarding the CDBG program, and adopts the Citizen Participation Plan. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $809,739.86 and payroll claims totaling $257,911.86; and for Council approval of Resolution No. 2004-09, as stated above. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF OPUD 04-01, A PLANNED UNIT DEVELOPMENT ML Cuthbertson presented the item. Mr. Cataudella moved, seconded by Mr. Cochran, to approve OPUD 04-01, a planned unit development located at the northwest corner of the intersection of East 66th Street North and North 129th East Avenue, containing approximately 19.75 acres, more or less. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. 2 Owasso City Council May 18, 2004 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF OPUD 04-02, A PLANNED UNIT DEVELOPMENT Mayor Kimball recused herself from any action on this item stating possible conflict of interests. Mr. Cuthbertson presented the item. Mr. John Dix addressed the Council speaking against the item. Mr. Noble Sokolosky responded as applicant. Mr. Cataudella moved, seconded by Mr. Cochran, to approve OPUD 04-02 as requested by the applicant, with additional requirements recommended by the Planning Commission of 1) subject property be screened with a 6' fence on the southern and western boundaries, and that 2) the applicant submit a landscape plan for the Planning Commission's review during the platting state. Subject property is located on the east side of North 9ih East Avenue, 1/2 mile north of North 116th Street North, containing approximately 20.05 acres, more or less YEA: Colgan, Cataudella, Cochran, Thoendel NAY: None Motion carried 4-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-03 FROM KELLOGG ENGINEERING, INC. Mr. Cuthbertson presented the item. Mr. Cochran moved, seconded by Mr. Cataudella, to approve rezoning request OZ 04-03 of approximately 35.46 acres, more or less, from AG (Agricultural District) to RS-3 (Residential Single Family District). The subject property is located 0.3 miles south of East 116th Street North and East of North Garnett Road. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-04 FROM KELLOGG ENGINEERING, INC. Mr. Cuthbertson presented the item. Mr. Colgan moved, seconded by Mr. Cochran, to approve rezoning request OZ 04-04 of approximately 30.25 acres, more or less, from AG to RS-3. The subject property is located in the 12300 block of North Garnett Road, just north of the existing Country Estates V. 3 Owasso City Council May 18, 2004 YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-05 FROM TY ANN DEVELOPMENT Mr. Cuthbertson presented the item. Addressing the Council to speak against the rezoning were Mr. Will Williams, Mr. Robert Allen, Mr. Kevin Cavanaugh, Mr. Dusty Smith, Ms. Shea Garrison, Mr. LeRoy Rubino, Mr. Dan Johnston, Ms. Barbara Trost, Ms. LaDonna Peacock, and Mr. James Minich. Responding for the applicant was Mr. Steve Compton. One of the issues mentioned was traffic safety in the surrounding area. Mr. Ray stated for the record that there would be at least 3 traffic calming devices installed in the residential area. Mr. Cochran moved, seconded by Mr. Colgan, to approve rezoning request OZ 04-05 of approximately 13.21 acres, more or less, to RM-2 (Residential multi-family). The subject property is located approximately 1/2 mile south of East 96th Street North and 1/2 mile west of North 129th East Avenue. YEA: Colgan, Kimball, Cochran, Thoendel NAY: Cataudella Motion carried 4-1. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 04-06 FROM HUNT PROPERTIES Mr. Cuthbertson presented the item. Mr. Colgan moved, seconded by Mr. Cochran, to approve rezoning request OZ 04-06 of approximately 58.5 acres, more or less, from AG (Agriculture District) to CS (Commercial Shopping Center District). The subject property is located south and west of the intersection of North Garnett Road and East 96th Street North, adjacent to U.S. Highway 169. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. 4 Owasso City Council May 18, 2004 ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM E. ROBERT BUSS OF CHARNEY & BUSS FOR COUNCIL APPROV AL OF THE CLOSURE OF A UTILITY EASEMENT Mr. Cuthbertson presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the closure of a utility easement located along the western boundary of the Coffee Creek development area, beginning in the northeast corner of East l03rd Street North and U.S. Highway 169, proceeding north along the Highway 169 right-of-way and ending in the southwest comer of North 138th East Avenue and East 106th Street North. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE CHELSEA PARK FINAL PLAT FROM TULSA ENGINEERING AND PLANNING ASSOCIATES, INC. Mr. Cuthbertson presented the item. Mr. Cochran moved, seconded by Mr. Colgan, to accept the Chelsea Park Final Plat. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 16. PUBLIC HEARING. A Public Hearing relating to changing priorities previously established for capital improvements projects funded by the third penny sales tax; specifically moving the Garnett Road and East 96th Street North projects to the Tier 1 Projects priority level and moving the North 129th East Avenue from East 76th Street North to East 96th Street North project to the Tier 2 Projects priority level. Mr. Ray presented the item, then opened the floor for Citizen comments regarding the recommendation from the Owasso Capital Improvements Project committee. Mr. Clayton McMartin asked regarding the 96th Street priority to Tier I if that was only from the intersection of 129th going west. Mr. Ray answered that the rest of 96th was either completed or nearly completed and the priority item covered 96th Street from Owasso Market going west to Garnett Road. There were no other questions or comments from the audience. 5 Owasso City Council May 18, 2004 ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FY 2004-05 CONTRACT WITH THE FRATERNAL ORDER OF POLICE Ms. Dempster presented the item. Mr. Colgan moved, seconded by Mr. Cochran, to approve the FY 2004-05 contract with the FOP. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 18. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FY 2004-05 CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Ms. Dempster presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the FY 2004-05 contract with the IAFF. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 19. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF A SELF INSURANCE POLICY FOR EMPLOYEE HEALTH INSURANCE Ms. Dempster presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council to adopt a policy authorizing the City Manager to establish a self insurance fund for employee health insurance. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion calTied 5-0. ITEM 20. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROV AL OF A CONTRACT TO REPLACE THE HEAT AND AIR UNITS AT THE OWASSO COMMUNITY CENTER Ms. Worley presented the item. Mr. Thoendel moved, seconded by Mr. Colgan, to award the project of the replacement of the heat and air units at the Owasso Community Center to Dale & Lee's Service of Ow as so, Oklahoma in the amount of$38,780.00. 6 Owasso City Council May 18, 2004 YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 21. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A PUBLIC FIREWORKS DISPLAY Mr. Rooney presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, to approve a request for a public fireworks display to be conducted on July 2, 2004, free of charge to the citizens of Owasso and sponsored by the City of Owasso in celebration of Independence Day. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 22. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A PUBLIC FIREWORKS DISPLAY Mr. Rooney presented the item. Mr. Cataudella moved, seconded by Mr. Cochran, to approve a request from the Owasso Golf and Athletic Club to provide a fireworks display on July 3, 2004, free of charge to the citizens of Owasso in celebration of Independence Day. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0. ITEM 23. REQUEST FROM MR. CLAYTON MCMARTIN TO ADDRESS THE CITY COUNCIL Mr. McMartin addressed the Council regarding access to open records. Specifically, Mr. McMartin requested copies of audio tapes of City Council meetings be made available to him. Mr. Cates responded to Mr. McMartin and cited statutory parameters of the Open Records Act as a basis for the City's administrative policy that defines audio tapes of meetings as a 'tool' used for the preparation of minutes. No action was taken on Mr. McMartin's request. Mr. McMartin also requested his written comments regarding the Open Records Act be attached to the written minutes of the meeting. Mr. McMartin's comments are attached hereto. 7 Owasso City Council May 18, 2004 ITEM 24. REPORT FROM CITY MANAGER Mr. Ray commended City of Owasso City Planner Duane Cuthbertson for his diligence and his excellent research during the last few weeks. Mr. Ray also expressed his appreciation to the FOP and the IAFF and the City negotiating teams in regards to the settlement of the FOP and IAFF contracts for fiscal year 2004-2005. ITEM 25. REPORT FROM CITY ATTORNEY Mr. Cates made available to the Council a copy of the filed Supreme Court brief regarding PSO. ITEM 26. REPORT FROM CITY COUNCILORS The Councilors voiced their appreciation to the citizens in attendance. Ms. Kimball made various announcements regarding City sponsored activities. ITEM 27. NEW BUSINESS Mr. Will Williams thanked Council for taking the time to hear the Citizen's comments regarding rezonmg Issues. ITEM 28. ADJOURNMENT Mr. Cochran moved, seconded by Mr. Cataudella, to adjourn. YEA: Colgan, Cataudella, Kimball, Cochran, Thoendel NAY: None Motion carried 5-0 and the meeting was adjourned at 10:15 p.m, 8 Written comments presented by Clayton McMartin to City Council on May 18, 2004. Let the public record show: Honorable Mayor and City Councilors: I am here today, addressing the City Council of Owasso Oklahoma, to request access to audio recordings of past City Council meetings, in accordance with Title 51, Oklahoma Statutes SS 24A.1-24A.24, also known as the Open Records Act. My request is for access to audio recordings of open meetings that occurred on June 17,2003 and April 20, 2004. This request was originally made, in writing, to city staff on April 26, 2004, and has been initially denied. Quoting directly from the Open Records Act S24A.2. Public Policy - Purpose of act: As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus, it is the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government. The section goes on to say: The purpose of this act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. The act is also very prescriptive in what constitutes Records, and the language can be found in S 24A.3 Definitions: 1. "Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property. "Record" does not mean computer software, nongovernment personal effects or, unless public disclosure is required by other laws or regulations, vehicle movement records of the Oklahoma Turnpike Authority obtained in connection with the Authority's electronic toll collection system, personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, obtaining a license, permit, or for the purpose of becoming qualified to contract with a public body; (emphasis added) I am therefore demanding that City Council takes immediate actions to make these records available for my personal inspection and reproduction. Mayor Kimball, as my ward representative, will you meet this demand?