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HomeMy WebLinkAbout2001.06.19_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 19,2001 The Owasso City Council met in regular session on Tuesday, June 19, 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, June 15,2001. ITEM 1: CALL TO ORDER Mayor Barnhouse called the meeting to order at 7:08 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 Barnhouse, Mayor Randy Brogdon, Vice Mayor Will Williams, Councilor Rebecca Armstrong, Councilor Michael Helm, Councilor ABSENT STAFF Larry Mitchell, 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 the Minutes of the June 5, 2001 Regular Meeting and June 12,2001 Special Meeting. B. Approval of Claims. C. Action Relating to an Agreement With Gabriel Communications Inc for the Collection ofE-911 Funds and Remittance of Same to the City of Ow as so. D. Action Relating to Ordinance #678, an Ordinance Providing for the Rezoning of Property Located North of North 116th Street NOlih and East of North Gamett Road, Generally Described as a Portion of the S/2 SW/4 S5 T21N R14E; from AG (Agriculture) to RS-3 (Residential Single Family High Density), Containing 37.42 Acres. The consent agenda included minutes of the June 5, 2001 regular meeting and June 12, 2001 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $86,340.99; (2) Ambulance Fund $6,197.85; (3) Ambulance Owasso City Council June 19,2001 Capital $748.46; (4) Bond Projects $22,630.00; (5) City Garage $15,456.79; (6) Workers' Comp Self Insurance $3,506.93; (7) Interfund Transfers #1 $8,913.88; (8) Interfund Transfers #2 $16,833.37; (9) Interfund Transfers #3 $16,833.33; (10) Interfund Transfers #4 $244,550.47; (11) Interfund Transfers #5 $5,600.00; (12) Payroll $196,402.72 (13) City Garage Payroll $4,164.25; (14) Ambulance Payroll $12,036.29. Item C on the consent agenda requested approval of an Agreement with Gabriel Communications for the collection and remittance of E- 911 funds. Item D requested approval of Ordinance #678, approving the rezoning of 37.42 acres located north ofN 116th St N and east ofN Garnett Rd from AG to RS-3. Mr Brogdon moved, seconded by Mr Williams, to approve the consent agenda. AYE: Brogdon, Williams, Armstrong, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #2001-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, APPROVING ACTION TAKEN BY THE OW ASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF TWO (2) PROMISSORY NOTES OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING A CERTAIN LEASE, AS AMENDED; ESTABLISHING THE CITY'S REASONABLE EXPECTATIONS WITH RESPECT TO THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS ON BEHALF OF SAID CITY IN CALENDAR YEAR 2001: AUTHORIZING DOCUMENTS PERTAINING TO A YEAR-TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. Ms Bishop said that Resolution #2001-05 corresponds to OPW A Resolution #2001-06, and approves the action taken by the OPW A to issue promissory notes for the wastewater treatment plant improvements. It also ratifies the previous lease and revenue pledges between the City and the OPW A and authorizes the execution of documents. Mr Helm moved, seconded by Mr Williams, to approve Resolution #2001-05. AYE: Helm, Williams, Armstrong, Brogdon, Barnhouse NAY: None Motion carried 5-0. - 2 - Owasso City Council June 19,2001 ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #2001-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, APPROVING ACTION TAKEN BY THE OW ASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING A CERTAIN LEASE, AS AMENDED; ESTABLISHING THE CITY'S REASONABLE EXPECTATIONS WITH RESPECT TO THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS ON BEHALF OF SAID CITY IN CALENDAR YEAR 2001; AUTHORIZING DOCUMENTS PERTAINING TO A YEAR-TO-YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. Ms Bishop presented the item. Resolution #2001-06 approves the action taken by the OPW A Trustees authorizing the issuance of a promissory note relating to the Ator Relief Line. The resolution also ratifies the previous lease and revenue pledge between the City and the OPW A and authorizes the execution of documents. Mr Williams moved, seconded by Ms Armstrong, to approve Resolution #2001-06. AYE: Williams, Armstrong, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROV AL OF BUDGET AMENDMENTS AND SUPPLEMENTAL APPROPRIATIONS TO VARIOUS FUNDS. Ms Bishop said that in accordance with the Municipal Budget Act of 1979, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation within a department or fund. All transfers of appropriations between departments and supplemental appropriations require City Council approval. Five supplemental appropriations are being requested. Three supplemental appropriations are to increase revenues and the associated expenses and interfund transfers. The other two supplemental appropriations are to increase expenditures in departments that have exceeded appropriations. Staff recommended the following budget amendments: @ Increase the General Fund, sales tax revenue and interfund transfer to the OPW A Sales Tax Fund by $675,400; @ Increase the Ambulance Service Fund, Billing Revenue and Interfund Transfers to the Ambulance Capital Fund by $13,000; @ Increase the Garage Fund revenues and expenditures by $40,000; @ Increase the General Fund, General Government Department expenditures by $35,000; @ Increase the General Fund, Fire Department expenditures by $27,000. Following several questions to Chief Allen by Council regarding the increase in expenditures in the Fire Department for salaries, professional services and sick leave incentive, Councilor Helm asked about the encumbered purchase orders. He requested a listing of the encumbered purchase - 3 - Owasso City Council June 19,2001 orders in the Fire Department, including when they were issued. Mr Williams moved, seconded by Ms Armstrong, to approve the requested budget amendments and supplemental appropriations. AYE: Williams, Armstrong, Barnhouse NAY: Helm, Brogdon Motion carried 3-2. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #680, AN ORDINANCE APPROVING AND ADOPTING OPGA RESOLUTION #2001-03 PROVIDING FOR A RATE INCREASE IN GREEN FEES, CART RENTALS AND RANGE FEES, AND DECLARING AN EMERGENCY. Mr Carlson said that the City Council must approve action taken by a trust authority to raise rates. The OPGA Trustees approved OPGA Resolution #2001-03 increasing certain rates at the golf course. Ordinance #680 would approve that action. The rate increase being requested by the OPGA resolution will become effective on July 1, 2001. An ordinance becomes effective thirty days after passage and publication, which would not allow the rate increase to take place on July 1. The attachment of an emergency clause to the ordinance allows the ordinance to become effective immediately upon passage and publication, and staff is requesting the attachment of an emergency clause to Ordinance #680. The ordinance and emergency clause must be acted on separately. Mr Williams moved, seconded by Ms Arnlstrong, to approve Ordinance #680. AYE: Williams, Armstrong, Brogdon, Barnhouse NA Y: Helm Motion carried 4-1. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #680. Mr Williams moved, seconded by Mr Brogdon, to approve the attachment of an emergency clause to Ordinance #680. AYE: Williams, Brogdon, Armstrong, Brogdon, Barnhouse NAY: Helm Motion carried 4-1. - 4 - Owasso City Council June 19,2001 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE AN ASSIGNMENT OF BID PACKAGE 9D ACOUSTIC CEILINGS FROM ASTA ENTERPRISES INC TO M L JONES ACOUSTICS INC FOR THE NEW CITY HALL/POLICE STATION. Mr Cates presented the item. Contracts for Drywall and Acoustic Ceilings for the Owasso City Ha11lPolice Station construction were awarded to Asta Enterprises Inc. When Asta recently walked off the job, M L Jones Acoustics Inc agreed to accept assigmnent of both contracts. Assignment of the Drywall contract was approved by Council on June 5, 2001, and the request is now being made for the assigmnent of the Acoustic Ceiling contract. Work under this contract has not begun and the assigmnent is for the total amount of the contract, $40,000. This is not a new contract and no additional funds are being requested. Mr Brogdon moved, seconded by Mr Helm, to approve the assigmnent of bid package 9D Acoustic Ceilings from Asta Enterprises Inc to M L Jones Acoustics Inc for the above-referenced project. AYE: Brogdon, Helm, Armstrong, Williams, Barnhouse NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM PITTMAN, POE & ASSOCIATES FOR COUNCIL APPROVAL OF OPUD-01-02, A PLANNED UNIT DEVELOPMENT. Ms Sorrells said that this PUD was originally approved by the City Council on February 2, 1999 as OPUD-16 The Lakes at Bailey Ranch. The Owasso Zoning Code requires that a site plan be filed within two years of approval of a PUD. A site plan has not been filed, and the PUD is being resubmitted as OPUD-01-02. It reflects the same Outline Development Plan and Text as was previously approved by the Planning Commission and City Council. The Owasso Planning Commission reviewed OPUD-01-02 on June 12,2001 and unanimously recommended approval, subject to the following conditions: 1. The Development Text and Conceptual Development Plan be considered the Outline Development required by the Owasso Zoning Code, Chapter 8 "Planned Unit Development"; 2. Unless specifically set out in the standards and conditions of this PUD, all development within the subject property shall be in accordance with, and shall meet, all requirements of the underlying zoning as described in OZ-98-14; 3. A subdivision plat be approved by the Owasso City Council and filed with the Tulsa County Clerk's office prior to the issuance of a building permit. The covenants associated with said plat shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary; 4. A reference on Page 23 of the PUD development text pertaining to a lien being placed on a Property Owners Association member's "personal property" be changed to "real property"; - 5 - Owasso City Council June 19,2001 5. Minor transfers (15% increase in a development area's density) of dwelling units from one residential development area to another may occur if a significant change in the character of either development area is not created; 6. No building permits shall be issued within any portion of the PUD until all requirements of the Owasso Subdivision Regulations, Chapter 8 "Building Permits" are fulfilled, and 7. All conditions imposed by the Owasso Technical Advisory Committee for approval of the PUD be met as conditions of the PUD; 8. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as condition of the PUD; 9. A detailed drainage report, certified by an engineer, be submitted at the time of platting; 10. Within the PUD the maximum number of dwelling units shall not exceed 1898 units; 11. Acceleration/deceleration lanes shall be installed at access points along E 96th St N & E 106th St N. and N Garnett Rd and N Mingo Rd. Provision of acceleration/deceleration lanes should be included within the deed of dedication of any associated plats; 12. The developer shall incorporate access management techniques in the development of commercial areas. Such techniques may include, but not be limited to, unified circulation and parking plans, joint access and parking lot cross access, restriction of the number of driveways per parcel, controlling driveway spacing, sight distance and corner clearance; 13. A barrier fence be erected between the SKO Railroad property and proposed commercial area near the corner of E 106th St Nand N Mingo Rd and the abutting multi-family residential area; 14. Detailed landscape plans, including plant type and size, location, and irrigation, shall be required to be submitted with site plans of any commercial development. Said plans shall be reviewed by staff and approved by the Planning Commission; IS. All landscaping plans for the entrances of the development shall be reviewed and approved by the Planning Commission at the time of platting, and the landscaping installed prior to occupation of buildings; 16. Sidewalks shall be provided along both sides of all internal roads and along the perimeter arterial road. Provision of sidewalks should be included within the deed of dedication of any associated plats; and 17. The minimum side yard of any corner lot shall be no less than 25 feet and, if needed, commercial lots may be required to provide on-site detention. This requirement shall be determined at the time of site plan review. Mr Williams moved, seconded by Mr Brogdon, to approve OPUD-01-02 The Lakes at Bailey Ranch, subject to the 17 conditions listed. AYE: Williams, Brogdon, Helm, Armstrong, Bamhouse NAY: Helm Motion carried 5-0. - 6 - Owasso City Council June 19,2001 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #679, AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF A UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 2, OW ASSO MARKET II. Ms Sorrells presented the item. The Seayco Group, owner of the property, wants to close part of the easement on this property in order to locate a water storage tank to provide additional fire suppression capability for Lowe's. The additional fire suppression has been requested by Lowe's, not by the Owasso Fire Department. Following a lengthy discussion regarding drainage and how it will be affected by closing a portion of the drainage channel, as well as the size and type of water storage tank being considered, Mr Williams moved to approve the requested easement closing and adoption of Ordinance #679. The motion died for lack of a second. There was no one present from The Seayco Group or their engineers to answer any of the questions. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROV AL OF A FINAL PLAT FOR METRO HEIGHTS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA (WARD 1 ). Ms Sorrells said that a request for approval of a final plat for Metro Heights has been received by staff. Metro Heights is a 15.42 acre, 52-lot subdivision located north ofE 106th St N and east of N Mingo Rd. The Owasso Planning Commission recommended approval of the final plat at their September 12,2000 meeting, subject to DEQ permits for water and sewer being received. Those pennits have now been received, and the final plat is before the City Council for action. Mr Williams moved, seconded by Ms Arnlstrong, to approve the final plat for Metro Heights. AYE: Williams, Armstrong, Helm, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROV AL OF A FINAL PLAT FOR NOTTINGHAM ESTATES IV, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA (WARD 1). Ms Sorrells presented the item. Nottingham Estates IV is a 14.19 acre, 20-lot subdivision, located south of E 96th St N and west of N 145th East Ave, immediately north of Nottingham Estates II & III. This final plat was brought before the Council on March 16, 1999, where it was tabled to the next regular meeting because DEQ permits had not been secured. The item was once again tabled on April 6, 1999 because the required permits had not been secured. Those permits have now been received, and the plat is again before the Council for action. The property is subject to a $1580 per acre assessment under the Elm Creek Sewer Interceptor agreement and a $16 per acre emergency siren fee. Those fees have been paid by the applicant. Ms Armstrong moved, seconded by Mr Helm, to approve the final plat for Nottingham Estates IV. - 7 - Owasso City Council June 19,2001 AYE: Armstrong, Helm, Williams, Brogdon, Barnhouse NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO AWARD A CONTRACT FOR UNIFORM CLEANING SERVICES. Chief Greene said that the Owasso Police Department has had its uniform cleaning contract with Yale Cleaners since 1998. The contract was for one year, but provided for extensions for successive one-year terms for a period of up to three years. That contract will expire on June 30, 2001. Bid specifications were mailed to 12 cleaning establishments in Owasso, Collinsville, Claremore, & Tulsa, with one bid being received. That bid was from Yale Cleaners. The Police Department is satisfied with the work that has been performed by Yale Cleaners and believes that they have received a competitive bid. This contract may also be extended for successive one-year terms for a period of up to three years. Ms Armstrong moved, seconded by Mr Brogdon, to approve a contract with Yale Cleaners, Owasso, OK for the purpose of providing uniform cleaning services to the Owasso Police Department for the period July 1, 2001 through June 30, 2002; and authorization for the Mayor to execute the contract. AYE: Armstrong, Brogdon, Williams, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A REAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF OW ASSO, OKLAHOMA AND OW ASSO LAND TRUST LLC. Mr Ewing said that an agreement is being proposed for the lease of land immediately south of Lot 3, Block 1, RCB Center: This site is adjacent to the newly constmcted Titan Tower at 96th St N and U.S. Highway 169. The land is approximately 20 feet wide and runs approximately 220 feet east and west. It will be used to provide 13 +/- parking spaces for office/commercial development on the referenced property. The lease will contain an access easement to the benefit of the City in order to access the water tower site. The lease is for 30 years at $500.00 per year. Mr Williams moved, seconded by Ms Arnlstrong, to approve the proposed lease agreement with Owasso Land Trust LLC beginning on July 1, 2001 at a lease rate of $500 annually. AYE: Williams, Armstrong, Helm, Brogdon,Bal11house NAY: None Motion canied 5-0. - 8 - Owasso City Council June 19,2001 ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION OF MEMBERS TO VARIOUS BOARDS, TRUSTS, COMMISSIONS AND COMMITTEES. Mayor Barnhouse presented the following names for appointment to various Boards, Trusts, Commissions, and Committees, and moved for their approval: PLANNING COMMISSION Mr Charles Willey (reappointment) Term Ending 6/30/04 BOARD OF ADJUSTMENT Mr Ken Foster (reappointment) Tenn Ending 6/30/04 PERSONNEL BOARD Ms Mary Ann Alexander (reappointment) Tenn Ending 6/30/04 OW ASSO ECONOMIC DEVELOPMENT AUTHORITY Mr Frank Enzbrenner (reappointment) Term Ending 6/30/06 Mr H C "Will" Williams (Council Representative) Term Ending 6/30/02 Mr Gary Akin (Chamber Representative) Term Ending 6/30/02 GOLF ADVISORY COMMITTEE Ms Trish Hauser (reappointment) Term Ending 6/30/04 Mr Ted VanCuren (reappointment) Term Ending 6/30/04 ANNEXATION COMMITTEE - All terms ending 6/30/02 Mr Randy Brogdon - City Council Mr H C "Will" Williams - City Council Mr Ray Haynes - Planning Commission Mr Charles Willey - Planning Commission Mr Dale Johnson - Public Schools Chief Bob Allen - Fire Department Chief Jim Greene - Police Department Mr Robert Carr - Public Works Mr Larry Mitchell- City Manager - 9 - Owasso City Council Mr Tim Rooney - Assistant City Manager Mr Stan Ewing - Planning & Economic Development Ms Donna Sorrells - City Planner Mr Ron Cates - City Attorney CAPITAL IMPROVEMENTS COMMITTEE - All terms ending 6/30/02 Ms Rebecca Armstrong - City Council Ms Mary Lou Barnhouse - City Council Mr Cloyd O'Dell - Citizen Mr Ray Haynes - Planning Commission Mr Jim Ablett - CitizenlPSO Mr Tom Kimball- OEDA Representative Mr Frank Enzbrenner - Banking Representative Mr Dale Prevett - Banking Representative Mr Tim Rich - Chamber Representative Mr John Groth - Citizen Ms Sherry Bishop - City Finance Director Mr Bob Allen - Fire Chief Mr Jim Greene - Police Chief Mr Robert Carr - Public Works Mr Stan Ewing - Planning & Economic Development Mr Tim Rooney - Assistant City Manager Mr Larry Mitchell - City Manager INCOG BOARD OF DIRECTORS Mr H C "Will" Williams, City Council Term Ending 4/30/02 Mr Larry Mitchell, City Manager Alternate INCOG LEGISLATIVE CONSORTIUM Mr Allan Harder, Human Resources Officer Term Ending 6/30/02 REGIONAL METROPOLITAN UTILITY AUTHORITY Ms Sherry Bishop Finance Director Term Ending 6/30/02 Mr Robert Carr Public Works Director Tenn Ending 6/30/02 - 10- June 19,2001 Owasso City Council June 19,2001 INCOG ENVIRONMENTAL POLICY COMMITTEE Mr Robert Carr PE Public Works Director Term Ending 6/30/02 METROPOLIT AN ENVIRONMENTAL TRUST Mr Robert Carr PE Public Works Director Term Ending 6/30/02 TRANSPORTATION POLICY COMMITTEE Mr Randy Brogdon, City Council Term Ending 6/30/02 Mr Timothy Rooney, Assistant City Manager Alternate TRANSPORTATION TECHNICAL COMMITTEE Mr Robert Carr PE Public Works Director Term Ending 6/30/02 Mr Phil Lutz, Engineering Staff Alternate The motion was seconded by Mr Williams. AYE: Barnhouse, Williams, Armstrong, Helm, Brogdon NAY: None Motion carried 5-0. ITEM 18: REPORT FROM CITY MANAGER Mr Mitchell reported that a public meeting relating to the Downtown Redevelopment Project will be held at 6:00 p.m. on July 12,2001 at First United Methodist church. ITEM 19: REPORT FROM CITY ATTORNEY. No report. ITEM 20: REPORT FROM CITY COUNCILORS. Councilor Helm referred to the supplemental appropriations item and asked for a breakdown relating to volunteer firefighters, as well as information on the open purchase orders in the materials and supplies line item in the Fire Department budget. - 11 - Owasso City Council ITEM 21: NEW BUSINESS. None ITEM 22: ADJOURNMENT Mr Helm moved, seconded by Ms Armstrong to adjourn. AYE: Helm, Armstrong, Williams, Brogdon, Barnhouse NAY: None June 19,2001 Motion carried 5-0, and the meeting was adjourned at 8:15 p.m. - 12 - 170~~&~~. Mary LoU:: arnhouse, Mayor