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HomeMy WebLinkAbout2001.10.16_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 16, 2001 The Owasso City Council met in regular session on Tuesday, October 16, 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, October 12,2001, and Addenda to Agenda posted at 2:00 p.m. and at 4:45 p.m. on Monday, October 15, 2001. ITEM 1: CALL TO ORDER Mayor Barnhouse called the meeting to order at 6:36 p.m. ITEM 2: FLAG SALUTE The flag salute was held during the OPW A meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT Mary Lou Bamhouse, Mayor Randy Brogdon, Vice Mayor Will Williams, Councilor Rebecca Armstrong, Councilor Michael Helm, Councilor ABSENT STAFF Larry Mitchell, City Manager Ronald D Cates, City Attomey Marcia Boutwell, City Clerk A quorum was declared present. ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF THE CONSENT AGENDA. A. Approval of the Minutes of October 2, 2001 Regular Meeting and the October 9, 2001 Special Meeting. B. Approval of Claims. C. Action Relating to Renewal of a Contract Between the City of Owasso and a "Third Party Administrator" for the City's Workers Compensation Self-Insurance Fund. D. Action Relating to Ordinance #688, an Ordinance Providing for the Rezoning of Property Located East of North Mingo Road and North of East 106th Street North, Immediately West of the AT &SF Railroad; from CG (Commercial General) to RS-3 (Residential Single-Family High Density), Containing 12.95 Acres, More or less. Owasso City Council October 16, 2001 The consent agenda included minutes of the October 2, 2001 regular meeting and October 9, 2001 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $127,403.87; (2) Ambulance Fund $2,056.78; (3) E-911 $5,115.24; (4) Capital Improvements $1,750.50; (5) Bond Projects $902.00; (6) City Garage $6,462.02; (7) Workers' Comp Self Insurance $16,493.74; (8) Transfer from General Fund to Cemetery Care $140.63, Transfer from Ambulance Fund to Ambulance Capital $3,609.20, Transfer from Ambulance Fund to Fire Capital $678.66; (9) Transfer from General Fund to City Garage $8,083.33, Transfer from General Fund to Workers Comp Self-Insurance $8,333.33; (10) Payroll $182,323.75; (11) City Garage Payroll $5,048.23; (12) Ambulance Payroll $11,928.60; (13) E-911 Payroll $893.66; (14) Worker's Comp Payroll $737.52. Item C requested the renewal of a contract with United Safety and Claims for one year at a rate of .00335% of mIDual payroll, to provide the services of a third party administrator to assist in the management of the city's self-insurance workers compensation program, and authorization for the payment of premium. Item D requested approval of Ordinance #688, based on Council action on October 2, 2001 to approve the listed rezoning and authorize an ordinance. Mr Brogdon moved, seconded by Mr Williams, to approve the consent agenda. AYE: Helm, Williams, Armstrong, Brogdon, Bamhouse NAY: Motion carried. Motion carried 5-0. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE EXPENDITURE OF FUNDS FOR GENERAL LIABILITY, PUBLIC OFFICIALS, ERRORS AND OMISSIONS, LAW ENFORCEMENT PROFESSIONAL LIABILITY, EMPLOYEE BENEFITS LIABILITY, AND AUTO LIABILITY INSURANCE POLICY RENEWAL. Ms Grimes presented the item. The City has been notified that the current liability/property insurance carrier, National American Insurance Company, will not renew coverages due to "Adverse Loss Experience". The City's local agent, Moe Hogan, solicited quotes from various insurance companies who write for municipalities. Three quotes were received: Associated Risk Managers (packaged proposal), OMAG/CHUBB (combined), and St Paul Public (packaged proposal). After reviewing the proposals and various deductibles associated with each proposal, staff determined that Associated Risk Managers provided the City with the best quote and coverage for a package. Mr Helm moved, seconded by Ms Armstrong, to approve the expenditure of $152,015 to Associated Risk Managers for the insurance premium for General Liability, Public Officials Errors and Omissions, Law Enforcement Professional Liability, Employee Benefits Liability, Auto Liability, and Building, Property and Equipment coverage. AYE: Helm, Armstrong, Williams, Brogdon, Bamhouse NA Y: None Motion carried 5-0. - 2 - Owasso City Council October 16,2001 ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A AN AMENDMENT TO AN AGREEMENT FOR PROGRAM MANAGEMENT SERVICES BETWEEN COWAN CONSTRUCTION AND THE CITY OF OW ASSO. Mr Mitchell said that because of delays in the completion of the City Hall/Police Station, staff is requesting that the Construction Management Contract with Cowen be extended through project closeout to ensure that contractors complete the work called for in their contracts. In order to minimize the management costs, the management work period will be capped at 20 hours per week, and city staff will be on site the remainder of the time. Mr Williams moved, seconded by Mr Brogdon, to approve Amendment #2 to the Agreement for Program Management Services between Cowan Construction and the City of Owasso, extending the management agreement through the project closeout and capping the management work period to 20 hours per week. AYE: Williams, Brogdon, Bamhouse NAY: Armstrong, Helm Motion carried 3-2. ITEM 7: PUBLIC HEARING RELATING TO AN AMENDMENT TO OPUD-15 (PRESTON LAKES). Ms Sorrells said that Preston Lakes LLC has requested approval of an amendment to a previously approved planned unit development. The subject property is located at the northeast comer ofE 86th St Nand N 145th East Ave. The amendment affects only Lots 3, 8, 13, & 18 of Block 1, Preston Lakes Amended. The applicant is also requesting an amendment to the Preston Lakes plat modifying an area of 18 duplex lots to 30 single-family dwelling lots. The duplex lots were on a cul-de-sac, and the re-platting caused the four subject lots to be slightly less than the minimum 65-foot width established by the PUD Outline Development Plan. The Owasso Planning Commission has recommend approval of the requested amendment, subj ect to the condition that no future variances be granted on the affected lots. Mr Williams moved, seconded by Mr Brogdon, to approve the requested amendment to OPUD-15, subject to the condition of approval imposed by the Owasso Planning Commission. AYE: Williams, Brogdon, AIIDstrong, Helm, Bamhouse NAY: None Motion carried 5-0. - 3 - Owasso City Council October 16,2001 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-01-08, A REQUEST TO REZONE PROPERTY LOCATED AT THE NORTHEAST CORNER OF EAST 106TH STREET NORTH AND NORTH 145TH EAST AVE; FROM AG(AGRICULTURE) TO CG (COMMERCIAL GENERAL) AND RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 160 ACRES, MORE OR LESS. Ms Sorrells presented the item. Chamey & Chamey has requested approval of a rezoning request and a Planned Unit Development application. The entire tract is currently zone AG, and was annexed by the City of Ow as so in June 2001. The property is located at the northeast comer ofE 106th St Nand N 145th East Ave. The Owasso Planning Commission reviewed the request at their October 9, 2001 regular meeting and recommended approval subject to the following conditions: 1. Sidewalks along all public rights-of-way be required at the time of platting. 2. Acceleration/deceleration lanes be required at the time of platting. 3. Detailed covenants and restrictions goveming the unified design and function of the PUD be required at the time of platting. 4. The applicant's Development Text shall be considered the Outline Development Plan and shall be filed of record in the office of the Rogers County Clerk. 5. Unless specifically set out in the standards and conditions of this PUD, single-family development shall meet the requirements of a typical RS-3 district. 6. Unless specifically set out in the standards and conditions of this PUD, commercial development shall meet the requirements of a typical CG district. 7. Within this PUD, the maximum number of dwelling units shall not exceed 560 single- family residences. 8. Minor transfers (10% increase in a development area's density) of dwellings from one residential development area to another may occur if a significant change in the character of the development area is not created. 9. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. 10. A detailed drainage report be submitted at the time of platting, and the document be certified by registered engineering. 11. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 12. No building pennit be issued within any pOliion of the PUD until all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations are met by the developer. 13. Detailed landscape plans shall be submitted at the time of site plan review. 14. The Planning Commission reserves the right to prescribe additional buffering, screening, and setback during the platting process. Approximately 25 citizens attended the Planning Commission meeting and voiced concems regarding upstream development and its effects on stormwater runoff. Concems expressed by the 20 citizens attending the City Council meeting also related to stonnwater runoff, as well as intersection improvements at 106th St N & N 145th East Ave. Staff and David Chamey answered - 4 - Owasso City Council October 16,2001 questions presented by the citizens. Citizens speaking to the Council were Ray Hatfield, Sharlee KulIDS, Art Roslewski, and Lila Martini. Following discussion, Ms Armstrong moved, seconded by Mr Williams, to approve the requested zoning with the stipulation that the developer work closely with area residents concerning drainage and ingress and egress, and further subject to the stipulations recommended by the Planning Commission. AYE: Armstrong, Williams, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-01-03, A REQUEST FOR COUNCIL APPROVAL OF A PLANNED UNIT DEVELOPMENT. Ms Armstrong moved, seconded by Mr Williams, to approve the requested planned unit development, subject to the stipulations listed in Item #8 regarding zoning on the same property, and subject to the developer working closely with area residents concerning drainage and ingress and egress. AYE: Armstrong, Williams, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. Ms Armstrong out. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A PLAT AMENDMENT FOR PRESTON LAKES, 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 a minor amendment to a previously approved plat. The subject property is located at the northeast comer of E 86th St Nand N 145th East Ave. The requested amendment would modify an area of 18 duplex lots to 30 single-family dwelling lots. The duplex lots were on a cul-de-sac, and the re-platting caused the four subject lots to be slightly less than the minimum 65-foot width established by the PUD Outline Development Plan. The Owasso Planning Commission has recommend approval of the requested amendment, subject to the condition that no future variances be granted on the affected lots. Mr Williams moved, seconded by Mr Helm, to approve the plat amendment. - 5 - Owasso City Council October 16, 2001 AYE: Williams, Helm, Brogdon, Barnhouse NAY: None Motion carried 4-0. Ms Armstrong in. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPRO V AL OF A FINAL PLAT FOR SA WGRASS PARK AT BAILEY RANCH, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, STATE OF OKLAHOMA (WARD 2). Ms Sorrells said that the City has received a request for approval of a final plat for Sawgrass Park at Bailey Ranch, located approximately 1/2 mile north of E 86th St N and east of N Garnett Rd. The plat contains 179 residential lots on 53.24 acres. DEQ permits for sewer and water have been received. Mr Brogdon moved, seconded by Mr Williams, to approve the final plat for Sawgrass Park at Bailey Ranch. AYE: Brogdon, Williams, Armstrong, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR TULSA TEACHERS CREDIT UNION, AN ADDITION TO THE CITY QF OW ASSO, TULSA COUNTY, STATE OF OKLAHOMA (WARD 1 ). Ms Sorrells presented the item. The City of Owasso has received a request to review the final plat for Tulsa Teachers Credit Union, located north ofE 96th St N and east ofN Garnett Rd. The plat contains one commercial lot on 4.159 acres, more or less. DEQ permits for sewer and water have been received. Mr Helm asked who would be supplying water, and Ms Sorrells responded that it is in the Washington County Rural Water Area. Mr Williams moved, seconded by Mr Helm, to approve the final plat for Tulsa Teachers Credit Union. AYE: Williams, Helm, Armstrong, Brogdon, Barnhouse NAY: None Motion carried 5-0. - 6 - Owasso City Council October 16, 2001 ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PURCHASE OF A VEHICLE FOR THE COMMUNITY DEVELOPMENT DEP ARTMENT. Mr Ewing requested approval to purchase a new pickup for building inspections to replace the 1992 Ford pickup currently in use by the department. Classic Chevrolet has offered a 2002 1/2 ton Chevrolet pickup at a cost under the state bid price for the same vehicle. Mr Helm moved, seconded by Ms Armstrong, to approve the purchase of a 2002 Chevrolet 112-ton pickup from Classic Chevrolet, Owasso, OK, in the amount of $14,284.1 0, and authorization for payment. AYE: Helm, Armstrong, Williams, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 14: REPORT FROM CITY MANAGER Mr Mitchell reported that Lowe's will be holding their grand opening on Wednesday, October 1 ih at 10:00 a.m. ITEM 15: REPORT FROM CITY ATTORNEY. No report. ITEM 16: REPORT FROM CITY COUNCILORS. Mr Helm asked who will be furnishing water to Preston Lakes and Sawgrass Park. Ms Sorrells said that Preston Lakes will receive water from Rogers County, and water for the west phase of Sawgrass will be from the City of Owasso, while Washington County will supply water for the east phase. Vice Mayor Brogdon told of participating in the Pearl Harbor Memorial Expressway dedication on October 12, 2001. He presented the Council with a marker from the dedication. Each World War II veteran attending the dedication had also been presented with a marker. ITEM 17: NEW BUSINESS. Michael Denton asked to address the Council concerning his dismissal and was advised that it was not under the jurisdiction of new business. He then presented the Council with a petition signed by 10 taxpayers requesting his reinstatement as a police officer, as well as that of Burl Cox. He also presented a request to appear on the next agenda. Burl Cox also presented the Council with a petition signed by 30 taxpayers requesting that he & Mr Denton be reinstated, and a request to appear on the next agenda. All of the documents are made a part hereto by reference. Mr Cox also presented the City Clerk with a claim against the Mayor for defamation of character and violation of the Americans With Disabilities Act, by reference made a part hereto. - 7 - Owasso City Council October 16, 2001 ITEM 18: DISCUSSION WITH SUSAN DANIEL, STAFF ATTORNEY WITH THE OKLAHOMA MUNICIPAL LEAGUE, REGARDING PROVISIONS OF THE OKLAHOMA OPEN MEETING ACT. Ms Daniel discussed situations covered by the Oklahoma Open Meeting Act, including what actions the councilors may and may not take under provisions of the act. She also discussed what constitutes a meeting, and answered questions presented to her. ITEM 19: ADJOURNMENT Ms Armstrong moved, seconded by Mr Helm, to adjourn. AYE: Armstrong, Helm, Williams, Brogdon, Barnhouse NAY: None Motion carried 5-0, and the meeting was adjourned at 8:05 p.m. - 8 -