HomeMy WebLinkAbout2001.11.20_City Council Minutes
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 20,2001
The Owasso City Council met in regular session on Tuesday, November 20, 2001 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, November 16, 2001, and
Addendum to Agenda posted on the City Hall bulletin board at 2:00 p.m. on Monday, November
19,2001.
ITEM 1: CALL TO ORDER
Vice Mayor Barnhouse called the meeting to order at 6:35 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, Vice Mayor
Will Williams, Councilor
Rebecca Armstrong, Councilor
Michael Helm, Councilor
ABSENT
Mary Lou Barnhouse, Mayor
STAFF
Timothy Rooney, Interim City Manager
Ronald D Cates, City Attorney
Marcia Boutwell, City Clerk
A quorum was declared present.
ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPROVAL OF THE CONSENT AGENDA.
A. Approval of Claims.
B. Action Relating to Ordinance #692, an Ordinance Providing for Annexation of an
89.34-Acre Tract of Land Generally Located 1/4 Mile South of East 116th Street
North and West of North 145th East Avenue.
C. Action Relating to Ordinance #693, an Ordinance Providing for Annexation of a
3.94-Acre Tract of Land Generally Located North of East 98th Street North and
East of U.S. Highway 169.
D. Action Relating to Ordinance #694, an Ordinance Providing for Annexation of
Right-of-Way Containing .72-Acres, Generally Located at the Southeast Comer
of East 86th Street NOlih and North 145th East Avenue (Rogers County).
E. Action Relating to Acceptance of the Water and Sanitary Sewer Systems
Constructed to Serve Metro Heights I, an Addition to the City of Owasso, Tulsa
County, Oklahoma.
Owasso City Council
November 20,2001
The consent agenda included the following claims: (1) General Fund $177,217.87;
(2) Ambulance Fund $3,015.63; (3) E-911 $70,940.16; (4) Capital Improvements $15,890.00;
(5) Capital Projects Grants $351.66; (6) Bond Projects $24,334.43; (7) City Garage $12,845.81;
(8) Workers' Comp SelfInsurance $5,531.77; (9) Interfund Transfers $16,416.66; (10) Interfund
Transfers $4,460.38; (11) Payroll $183,014.87; (12) City Garage Payroll $5,131.11;
(13) AInbulance Payroll $12,353.02; (14) E-911 Payroll $922.88; (15) Worker's Comp Payroll
$737.52. Item C requested approval of Ordinance #693, based on Council action on November
6, 2001 to approve the requested annexation and authorize an ordinance. Item D requested
approval of Ordinance #688, based on Council action on November 6, 2001 to approve the
requested am1exation and authorize an ordinance. Item E requested acceptance of the water and
sanitary sewer systems constmcted to serve Metro Heights 1. Mr Williams moved, seconded by
Mr Helm, to approve the consent agenda.
AYE: Williams, Helm, Armstrong, Brogdon
NAY: Motion carried.
Motion canied 4-0.
ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE
# 695, AN ORDINANCE PROVIDING FOR THE PARTIAL CLOSING OF A 25'
UTILITY EASEMENT LOCATED ON LOT 12, BLOCK 4, HALE ACRES
SECOND ADDITION.
Ms Sonells presented the item. Mr Lan)' Young, the homeowner, has requested a partial closing
of the platted utility easement to accommodate an error in the location of the structure on the
property by the builder. No objections or comments were made by members of the Technical
Advisory Committee. The Owasso Planning Commission reviewed the request and
recommended approval. The Planning Commission instructed staff to draft an ordinance
requiring that a footing survey be provided to the building inspector at the time of footing
inspection, in order to identify encroachments prior to construction of the dwelling.
Ms Armstrong moved, seconded by Mr Helm, to approve the requested easement closing and
adoption of Ordinance #695.
AYE: AImstrong, Helm, Williams, Brogdon
NA Y: None
Motion carried 4-0.
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Owasso City Council
November 20,2001
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-01-09, A
REQUEST TO REZONE PROPERTY LOCATED APPROXIMATELY 1/4 MILE
SOUTH OF EAST 116TH STREET NORTH BETWEEN U.S. HIGHWAY 169 AND
NORTH 145TH EAST AVE; FROM AG (AGRICULTURE) TO OM (OFFICE
MEDIUM), CS (COMMERCIAL SHOPPING CENTER), CG (COMMERCIAL
GENERAL) AND IL (LIGHT INDUSTRIAL), CONTAINING 89.3 ACRES, MORE
OR LESS.
Ms Sorrells presented items 6 & 7 as one. The City of Owasso has received a rezoning request
and a planned unit development application. The subject property is located approximately 1/4
mile south of E 116th St N and west of N 145th East Ave. The plan and text call for the
development of 8.14 acres of OM (Office Medium), 35.92 acres of CS (Commercial Shopping),
10.01 acres ofCG (Commercial General), and 35.26 acres ofIL (Light Industrial). The applicant
has proposed within the PUD text the option of approximately 14.64 acres of CS (Commercial
Shopping) being converted to RM-2 (Residential Multi-Family High Density). The option will
require either rezoning of the subject portion or approval of a special exception by the Owasso
Board of Adjustment to allow for the use within the CS zoning district. The Owasso Planning
commission reviewed the request at their November 13,2001 regular meeting and recommended
approval of both the zoning and the PUD, subject to the following conditions:
1. The primary east-west road and service road as shown on the Outline Development Plan shall
be developed as collector roads.
2. Sidewalks along the perimeter of the development, except at those locations where the future
business will actually front the arterial or service road, shall be installed at the time of
development. All other sidewalks shall be installed at the time of site construction.
3. Acceleration/deceleration lanes shall be required at all access points along arterial and
service roads.
4. A detailed drainage report shall be submitted to, and approved by, the public works
department prior to the processing of any plat associated with the PUD.
5. Detailed covenants and restrictions incorporating all conditions of the PUD and governing
the unified design and function of the PUD shall be required at the time of platting.
6. The applicant's Outline Development Plan and Text shall be filed of record in the office of
the Tulsa County Clerk and two recorded copies provided to the City Planner prior to the
processing of any plat associated with the PUD.
7. Unless specifically set out in the standards and conditions of this PUD, office development
shall meet all requirements ofthe OM (Office Medium) district.
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Owasso City Council
November 20,2001
8. Unless specifically set out in the standards and conditions of this PUD, office development
shall meet all requirements of the CS (Commercial Shopping) district.
9. Unless specifically set out in the standards and conditions of this PUD, office development
shall meet all requirements ofthe CG (Commercial General) district.
10. Unless specifically set out in the standards and conditions of this PUD, office development
shall meet all requirements of the IL (Light Industrial) district.
11. Prior to development of the optional RM-2 (Residential Multi-Family High Density), a
special exception shall be granted by the Owasso Board of Adjustment or a rezoning
application approved. No amendment to the PUD shall be required as long as the
development is in accordance with the approved Outline Development Plan.
12. Within the PUD, the maximum number of multi-family dwelling units, if applicable, shall
not exceed 243.
13. All conditions imposed by the Owasso TeclIDical Advisory Committee for subdivision plat
approval shall be met as conditions of the PUD.
14. A detailed, certified drainage report be submitted to and approved by the public works
department prior to PlalIDing Commission review of the first plat associated with the PUD.
15. All covenants of any subdivision plat containing propeliy within the PUD shall incorporate
all PUD standards and conditions of approval and make the City of Owasso beneficiary.
16. No building pern1it shall be issued within any portion of the PUD until all criteria outlines
within Chapter 8 of the Owasso Subdivision Regulations are met by the developer.
17. Detailed landscape plans for individual sites shall be submitted at the time of site plan
reVIew.
18. Area markers, including associated landscaping and lighting, shall be submitted to and
approved by the Owasso Plam1ing Commission as required by the Sign Ordinance.
19. The Planning Commission reserves the right to prescribe additional buffering, screening and
setbacks during the platting process.
20. The applicant shall limit the number of access points along the proposed service road.
21. The applicant shall pay particular attention to drainage issues at the southeast corner of the
subject property.
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Owasso City Council
November 20,2001
Ms Annstrong moved, seconded by Mr Williams, to approve the requested zoning subject to the
conditions imposed by the Planning Commission.
AYE: Armstrong, Williams, Helm, Brogdon
NAY: None
Motion carried 4-1.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPPUD-01-
04, A REQUEST FOR COUNCIL APPROVAL OF A PLANNED UNIT
DEVELOPMENT.
Ms Armstrong moved, seconded by Mr Helm, to approve the requested Planned Unit
Development, subject to the same conditions mentioned in item 6.
AYE: Armstrong, Helm, Williams, Brogdon
NAY: None
Motion carried 4-0.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A LOT
TIEING AGREEMENT FOR LOT 62 AND A PORTION OF LOT 63, BLOCK 1
(9009 N 100TH EAST AVE), FAIRWAYS V ADDITION.
Ms Sorrells presented the item. Komiis Properties has requested approval of a lot tieing
agreement to accommodate a 6-8' encroachment over the north property line of Lot 63, Block 1,
Fairways V, a zero lot line property. The builder, AInerican Heartland, mislocated the property
corners prior to construction. The lot tieing agreement will ensure the right to use combined lots
as if they were a single lot of record, that no lot may be sold separately in the future, and that all
other improvements shall comply with all ordinances of the City of Owasso. Ms Almstrong
moved, seconded by Mr Helm, to approve the requested lot tieing agreement.
AYE: Armstrong, Helm, Williams, Brogdon
NAY: None
Motion carried 4-0.
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Owasso City Council
November 20, 2001
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR QUIKTRIP
COMMERCIAL CENTER #62R, AN ADDITION TO THE CITY OF OW ASSO,
TULSA COUNTY, STATE OF OKLAHOMA (WARD 1 ).
Ms Sorrells said that Owasso Land Trust has requested a review of the final plat for QuikTrip
Commercial center #62R. The Owasso Planning Commission reviewed the final plat at their
November 13, 2001 regular meeting and unanimously recommended approval. DEQ permits for
sewer and water extensions have been received. Ms Armstrong moved, seconded by Mr Helm,
to approve the final plat for QuikTrip Commercial Center #62R.
AYE: Armstrong, Helm, Williams, Brogdon
NAY: None
Motion carried 4-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR PRESTON LAKES
II, AN ADDITION TO THE CITY OF OW ASSO, ROGERS COUNTY, STATE OF
OKLAHOMA (WARD 3).
Ms Sorrells said that the City of Owasso has received a request from Preston Lakes LLC for the
review of a final plat for Preston Lakes II, located north of E 86th St N and east of N 145th East
Ave. The subject plat contains 120 residential lots on 32.62 acres. The Owasso Planning
Commission reviewed the final plat at the October 9, 2001 regular meeting and unanimously
recommended approval. DEQ pennits for sewer and water extensions have been received.
Mr Helm moved, seconded by Ms Armstrong, to approve the final plat for Preston Lakes 11.
AYE: Helm, Armstrong, Williams, Brogdon
NAY: None
Motion carried 4-0.
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
AWARD OF A CONTRACT FOR JANITORIAL SERVICES.
Mr McElrath presented the item. Bids were solicited from six companies for cleaning services at
the new city hall/police station complex. Solicitation was for a monthly bid, including all
services except building-wide carpet cleaning, which will be done on a separate contract basis.
Celiain secured areas of the police station were excluded and will continue to be cleaned by
Depmiment of Corrections workers during the daytime hours. The City will supply paper goods,
hand soap, and trash can lines. Three companies responded to the mandatory walk-through, and
two companies returned bids: Jani-King at $1881.00 monthly and Redlee Inc at $1162.99
monthly. References were contacted for the low bidder and were found to be favorable. The
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Owasso City Council
November 20,2001
contract will be for the remainder of the fiscal year, with option for renewal. Mr Helm moved,
seconded by Ms Annstrong, to award a contract for janitorial services for the city hall/police
station to Redlee Inc, Tulsa, OK in the amount of $1162.99 per month, and authorization for the
Mayor and City Clerk to execute the contract.
AYE: Helm, Annstrong, Williams, Brogdon
NAY: None
Motion carried 4-0.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN
AGREEMENT FOR THE DONATION OF PRESTON LAKES P ARK, AND
PURCHASE OF PARK IMPROVEMENTS TO SAME.
At the request of staff, this item was removed from the agenda.
ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND BUDGET.
Mr Rooney presented the item. On Wednesday, November 14, 2001, the Parks Department 1997
pick-up was totaled as the result of an accident. Staff has reviewed the vehicles on the State Bid
list and believes the Chevrolet Silverado C1500 at a cost of $14,705 is the best choice. A
supplemental appropriation was requested for the purchase of a vehicle for the Parks
Department. Mr Helm moved, seconded by Ms Armstrong, to approve a supplemental
appropriation to the Park Maintenance Department Capital Outlay budget, increasing
expenditures by $14,705.
AYE: Helm, Armstrong, Williams, Brogdon
NAY: None
Motion carried 4-0.
ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
PURCHASE OF A PICK UP TRUCK FOR THE PARKS DEPARTMENT.
Mr Rooney said that, as he mentioned in the previous item, staff is requesting approval to
purchase a pick-up truck for the Parks Department to replace the one totaled in an accident. Staff
has contacted the vendor on the state bid list, and they have indicated a 6-8 week delivery time
for a Chevrolet Silverado C1S00 at a cost of $14,70S. Other vendors with the possibility of
matching or beating the state bid price have also been contacted, however, staff has not heard
back from all of the vendors. Staff requested that the Council approve the purchase of the pick-
up tmck from the state bid list or equivalent in the event another vendor is able to match or beat
the state bid price. Mr Helm moved, seconded by Ms Armstrong, to approve the purchase of a
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Owasso City Council
November 20,2001
Chevrolet Silverado C1500 pick up from Boyd Chevrolet in Oklahoma City, OK in the amount
of $14,705, or the equivalent from another vendor; and authorization for payment.
AYE: Helm, Annstrong, Williams, Brogdon
NAY: None
Motion carried 4-0.
ITEM 15: REPORT FROM CITY MANAGER
Mr Rooney reported that the annual "Lights On" ceremony will be on Monday, November 26th at
6:30 p.m.
ITEM 16: REPORT FROM CITY ATTORNEY.
No report.
ITEM 17: REPORT FROM CITY COUNCILORS.
No report.
ITEM 18: NEW BUSINESS.
None
ITEM 19: 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
MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25,
SECTION 307m)!; AND FOR THE PURPOSE OF DISCUSSING PENDING
ACTIONS, CLAIMS, AND LITIGATION INVOLVING:
A. FOP Lodge 149 and H Burl Cox v The City of Owasso, a Municipal Corporation,
and Larry Mitchell, City Manager, Case No CJ-2001-00379, Tulsa County
District Court;
B. City of Owasso, Oklahoma v FOP Lodge 149, Case No CJ-2001-0389, Tulsa
County District Court;
C. City of Owasso, Oklahoma v FOP Lodge 149, Case No CJ 2001-01986, Tulsa
County District Court;
D. FOP Lodge 149 and Michael Denton v City of Owasso, Oklahoma, a Municipal
Corporation, and Larry Mitchell, City Manager, Case No CJ-2001-02094, Tulsa
County District Court;
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Owasso City Council
November 20,2001
E. H Burl Cox v City of Owasso, City Council of Owasso, Oklahoma State Fraternal
Order of Police, Owasso Lodge 149, Owasso City Officials, Owasso Police
Department, The City of Owasso, ex reI, Case No CJ-2000-4474, Tulsa County
District Court;
F. Edgar Pales, Jr v City of Ow as so, and City Commissioners of the City of Ow as so,
Case No CJ-99-4054, Tulsa County District Court;
G. Mark Cleveland, Shane Davis, John Edwards, DalTyl Jones, Buddy Pales, Richard
Dean Parsley, David Renfro, Carla Stone, Tracy Townsend, Steve Tryon, and Jim
Leigh v City of Owasso, a Municipality, Clifford Motto and Rick DeArn10nd,
Individually and as Officers/Employees of the City of Ow as so, Case No CJ-2000-
06164, and 01-CV-47-H (M), In the United States District Court for the Northern
District of Oklahoma;
H. Jerry Keys and Marlene Keys v City of Owasso and HMG, Inc, a North Carolina
Corporation, Case No CJ-2000-04029, Tulsa County District Comi;
1. James Baker and Mike Kight, d/b/a Baker-Kight Development v City of Owasso,
Oklahoma and Sapulpa Digging, Case No CJ-2000-05401, Tulsa County District
Court;
1. Ronnell Haney v Danyl Jones, Case No 00-CV-476-H (J), In the United States
District Court for the Northern District of Oklahoma;
K. Alnerican Waste Control Inc, an Oklahoma Corporation v City of Owasso, an
Oklahoma Municipal Corporation, Case No CJ 2001 04653, Tulsa County District
Court Grievance;
L. FOP Lodge 149 and Johnny Edwards v City of Ow as so, FMCS Case No 010724-
13928-8, Grievance Arbitration;
M. FOP Lodge No 149 and Buddy Pales v City of Ow as so, FMCS Case No 010905-
15822-8, Grievance Arbitration;
N. Notice of Tort - H Burl Cox, Claimant v City of Owasso, Oklahoma and Mayor,
Mary Lou Barnhouse - Claim is made for defamation of character and violations
of the Alnericans with Disabilities Act (ADA);
O. FOP Lodge No 149 and H Burl Cox and Michael Denton, FMCS Case Number
010424-09678-8;
Such Discussions Allowed Pursuant to 25 OS, Section 307-B(4).
Mr Helm moved, seconded by Mr Brogdon, to enter into executive session for the purposes
stated
AYE: Helm, Brogdon
NAY: Armstrong, Williams
Motion defeated 2-2.
Vice Mayor Brogdon requested a special meeting of the City Council at 6:30 p.m. on Tuesday,
November 27,2001.
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Owasso City Council
November 20,2001
ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ANY OF THE
MATTERS SET FORTH IN THE FOREGOING EXECUTIVE SESSION.
There was no executive session and, therefore, no action to be taken.
ITEM 21: ADJOURNMENT
Mr Helm moved, seconded by Mr Williams, to adjourn.
AYE: Helm, Williams, Armstrong, Brogdon
NAY: None
Motion carried 4-0, and the meeting was adjourned at 5 :05 p.m.
~cd~~
Mary L 1 Barnhouse, Mayor
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