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HomeMy WebLinkAbout2000.09.05_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, September 5, 2000 The Owasso City Council met in a regular session on Tuesday September 5, 2000 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, September 1, 2000. ITEM 1: CALL TO ORDER Mayor Williams called the meeting to order at 6:39 p.m. ITEM 2: FLAG SALUTE The flag salute was held during the OPW A meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT H C "Will" Williams, Mayor Mary Lou Barnhouse, Vice Mayor Melinda Voss, Councilor Randy Brogdon, Councilor ABSENT STAFF Larry Mitchell, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 4: READING OF MAYOR'S PROCLAMATION. Mayor Williams presented a proclamation to Owasso United Way representatives proclaiming Thursday, September 7,2000 as United Way Day in the City of Ow as so. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROV AL OF THE CONSENT AGENDA. A. Approval of the Minutes of August 15,2000 Regular Meeting. B. Approval of Claims. C. Action Relating to Ordinance #654, an Ordinance Approving and Adopting an Action by the Owasso Public Works Authority, Wherein Rates for the Purchase of Water from the Authority Were Increased. D. Action Relating to Ordinance #655, an Ordinance Providing for the Rezoning of Property Generally Located on the East Side of Garnett Road, North of Bailey Ranch Estates and Bailey Ranch Estates II; from RS-2 (Residential Single-Family Owasso City Council September 5,2000 Medium Density) and RE (Residential Estates) to RS-3 (Residential Single- Family High Density), Containing 79.3 Acres, More or Less. E. Action Relating to Ordinance #656, an Ordinance Providing for an Amendment to OPUD-12, a Planned Unit Development on Property Generally Located 1/4 Mile North of East 96th St N, East of Garnett Rd, and Containing a Total of 160.83 Acres, More or Less. F. Action Relating to Acceptance ofImprovements to the Water and Sanitary Sewer Systems Constructed to Serve Nottingham V. G. Action Relating to Acceptance of Improvements to the Sanitary Sewer System Constructed to Serve the Jack Stout Property. H. Action Relating to a Request for the Appointment of a Court Clerk. The consent agenda included minutes of the August 15,2000 regular meeting, by reference made a pali hereto. Item B on the consent agenda included the following claims: (1) General Fund $36,509.57; (2) Juvenile Court Fund $75.00; (3) Ambulance Service Fund $5,114.65; (4) Capital Improvements $16,955.04; (5) Bond Projects $13,117.22; (6) City Garage $10,817.07; (7) Workers Comp Self-Insurance $5,994.20; (8) Payroll #1 $170,501.03; (9) Payroll #2 $163,937.54; (10) City Garage Payroll #1 $3,436.83; (11) City Garage Payroll #2 $3,727.09; (12) Ambulance Payroll #1 $10,904.00; (13) Ambulance Payroll #2 $10,682.00. Item C on the consent agenda requested approval of Ordinance #654, approving an action taken by the OPW A to increase water rates. Item D requested approval of Ordinance #655, rezoning land north of Bailey Ranch Estates as requested. Item E requested approval of Ordinance #656, amending o PUD-12. Item F requested acceptance 0 f the water and sanitary sewer systems constructed to Serve Nottingham V. Item G requested acceptance of the sanitary sewer system constructed to serve the Jack Stout property. Item H requested the appointment of Juli Stevens as Court Clerk. Ms Voss moved, seconded by Mr Brogdon, to approve the consent agenda. AYE: Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 4-0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A DONATION OF REAL PROPERTY TO BE USED AS RIGHT-OF-WAY FOR THE 86TH STREET NORTH WIDENING PROJECT. Mr McElrath said that some of the land needed for the 86th St N widening project is owned by Bethel Baptist Church. Negotiations have been completed and a Letter of Agreement has been signed for the donation of property to be used as a permanent right-of-way for the 86th St Nand Main Street intersection improvement proj ect, as well as the donation of the right to a temporary working easement. The only requirement is that an escrow account in the amount of $4100 be set up at a bank of the landowner's choice to ensure that all work is completed as promised, and that payment be made for closing costs and related fees. Mr Brogdon moved, seconded by Ms Voss, to approve a Letter of Agreement with Bethel Baptist church for the donation of real - 2 - Owasso City Council September 5,2000 property and the donation of a temporary working easement located at 86th St N and Cedar, to be utilized for the 86th St N and Main St intersection improvement project, in exchange for the considerations detailed in the Letter, authorization for the Mayor to execute the Letter; authorization for the Mayor and City Clerk to execute any documents incidental and necessary to the closing of the transaction; authorization for payment of funds in the amount of $4100 into an escrow account at a local bank, and approval and authorization for payment of closing costs and related fees for the right-of-way acquisition in an amount not to exceed $2000. AYE: Brogdon, Voss, Barnhouse, Williams NAY: None Motion carried 4-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF A LETTER OF AGREEMENT BETWEEN THE CITY OF OW ASSO AND THE MILLS F AMIL Y TRUST FOR A PERMANENT EASEMENT, AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS, AND AUTHORIZATION FOR PAYMENT AS INDICATED IN THE LETTER OF AGREEMENT. Mr McElrath said that the City of Owasso is subject to a DEQ consent order to upgrade the sewer line serving the Ator Heights area. A gravity feed line will alleviate the need for the current lift station. The new line will run along the east side of the golf course and the Mills family property, and tie into the present line that runs east along 86th St and connects into the wastewater treatment plant from the west side of Owasso. The only permanent utility easement that the City of Owasso must acquire from a private landowner runs across the Mills property. Negotiations have been completed with the Mills family and a Letter of Agreement has been executed by both parties. In addition to a purchase price of $15,000, the Mills family has requested that the City run a sub-main to within approximately 30 feet of the Helen Mills home, with the stipulation that the Mills grant a permanent easement for that sub-main, for the purpose of maintenance and in the event of its future use by other residences on the property. Helen Mills has executed a sanitary sewer easement. Ms Voss moved, seconded by Mr Brogdon, to approve a Letter of Agreement with the Mills Family Trust for the purchase of real property located at 10435 E 86th St N at a cost of $15,000 to be utilized in the construction of the Ator Sewer Relief Line, authorization for the Mayor to execute the Letter of Agreement, authorization for the Mayor and City Clerk to execute any documents incidental and necessary to the closing of the transaction, and authorization for payment. AYE: Voss, Brogdon, Bamhouse, Williams NAY: None Motion carried 4-0. - 3 - Owasso City Council September 5, 2000 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF A LETTER OF AGREEMENT BETWEEN THE CITY OF OWASSO AND STRAWDEY MCCARTY FOR A TEMPORARY EASEMENT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS. Mr McElrath presented the item. A temporary construction easement for the 86th St N project runs across property owned by Strawdey McCarty. Mr McCarty will donate the easement upon receipt from the City of a sum of money for damages to his property resulting from lack of maintenance on another City sewer line that runs across his property. The Letter of Agreement from Mr McCarty stipulates the amount of the damage at $4100 and also indicates that the City will address the cunent need for repair to the other line during the course of the Ator Relief Line project, as well as make provision for future maintenance of the line. Mr Brogdon moved, seconded by Ms Voss, to approve a Letter of Agreement with Strawdey McCarty for the donation of a temporary easement located at 9497 E 86th St N to be utilized in the construction of the Ator Sewer Relief Line, in exchange for a check in the amount of $4100 for damages to his property from another sewer line, authorization for the Mayor and City Clerk to execute any documents necessary to close the transaction, and authorization for payment. AYE: Brogdon, Voss, Barnhouse, Williams NAY: None Motion carried 4-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #2000-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT. Mr McElrath presented the item. In order for the City of Owasso to obtain federal funding aid for the 86th Street project, the Department of Transportation of the State of Oklahoma requires that the City enter into an agreement stipulating various parameters that must be observed by the City during the improvement project. ODOT also requires that the agreement be approved by resolution, and Resolution #2000-09 fulfills that requirement. Ms Voss moved, seconded by Mr Brogdon, to approve Resolution #2000-09, authorizing the City of Owasso to enter into a Right- of- Way, Public Utility and Encroaclmlent Agreement with the Oklahoma Department of Transportation in connection with improvements to 86th Street North; and authorization for the Mayor and City Clerk to Execute the agreement. AYE: Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 4-0. - 4 - Owasso City Council September 5, 2000 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ANNEXATION OF A 61.24-ACRE TRACT OF LAND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EAST 116TH STREET NORTH AND NORTH 145TH EAST AVENUE, AND A FIVE FOOT STRIP OF RIGHT-OF- WAY ALONG NORTH 145THEAST AVE. Ms Sorrells said that Preston Lakes LLC has submitted a petition for annexation of the above- described property. The subject property is zoned AG and will remain AG until it is rezoned. The amlexation of a five-foot wide strip of right-of-way between the subject propeIiy and the previously annexed Tulsa Technology Center site is being requested to satisfy contiguity requirements. The request has been reviewed by the Technical Advisory Committee, the Annexation Committee, and the Plalming Commission, and all recommended approval. Staff recommended approval subject to a sealed engineering report or letter confirming the ability of Rural Water District #3, Washington County to provide adequate fire protection standards to be submitted prior to approval of any plat associated with the mmexed property. There was discussion concerning fire protection, and Ms Voss asked if Preston Lakes LLC has been notified of the condition requested by staff. Ms Sorrells said that they have not. Discussion then centered on making sure that anyone in the area who requests annexation be notified of the potential problems with fire protection. Mr Brogdon moved, seconded by Ms Voss, to table this item to the next meeting to allow time for the applicant to be notified of the fire protection requirement. AYE: Brogdon, Voss, Barnhouse, Williams NAY: None Motion carried 4-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR NOTTINGHAM ESTATES V, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA. Ms Sorrells said that the City has received a request from Tyann Development to review a final plat for Nottingham Estates V, located immediately east of Nottingham Estates II, III, and IV, and south of East 96th St N. The proposed final plat contains 44 single-family residential lots on 24.57 acres, more or less. The final plat has been reviewed by the Technical Advisory Committee and Plmming Commission. All issues noted have been addressed, and DEQ permits have been issued for the extension of water and sewer lines. Ms Voss moved, seconded by Mr Brogdon, to approve the final plat for Nottingham Estates V. AYE: Voss, Brogdon, Barnhouse, Williams NAY: None Motion calTied 4-0. - 5 - Owasso City Council September 5, 2000 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR CAMDEN PARK II, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA.. Ms Sorrells said that the staff has not received a copy of the final plat, and requested that the item be tabled. Ms Voss moved, seconded by Mr Brogdon, to table consideration of this item to the next meeting. AYE: Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 4-0 ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO CLOSE A PORTION OF EAST FIRST STREET IMMEDIATELY EAST OF MAIN STREET AND DIRECTLY SOUTH OF THE POLICE STATION. Mr Rooney said that the site of the new city hall/police station currently under construction was created through utilizing land already owned by the City and land recently purchased by the City. Part of the land is on the south side of East First St and part of the land is on the north side of East First St. In order to create a larger building area and tie all the land together, it is necessary for the City of Owasso to close to the public the use of that portion of East First St surrounded by property now owned by the City. The Oklahoma Municipal Code provides for the right of a municipal goveming body to close to the public use any public way or easement within the municipality whenever it is deemed necessary or expedient. Letters were mailed to all utility providers in the vicinity and they were provided thirty days in which to respond. Staff received comments, either verbal, written, or by fax, from Public Service Company of Oklahoma, Oklahoma Natural Gas, Southwestem Bell Telephone, and Cox Communications. None are objecting to the closure. Ms Barnhouse moved, seconded by Mr Brogdon, to approve Ordinance #657, authorizing the closing of the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Ow as so. AYE: Barnhouse, Brogdon, Voss, Williams NAY: None Motion calTied 4-0. - 6 - Owasso City Council September 5, 2000 ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR FY 1999- 2000. Mr Lutz presented the item. Magnum Construction was awarded a contract in March 2000 in the amount of $125,000 for street repairs within the city limits. Twenty-six sites were repaired at a cost of $142,920.60. Since the final cost amounted to $17,920.60 more than the budgeted amount, staff recommended making up the shortfall by supplementing funds from the fiscal year 2000-2001 budget. Final inspection has been completed and a one-year maintenance bond provided. Mr Brogdon moved, seconded by Ms Voss, to accept the work performed under a contract with Magnum Construction for FY 1999-2000 street repairs, and authorize final payment and release of retain age in the amount of$25,707.13. AYE: Brogdon, Voss, Barnhouse, Williams NAY: None Motion carried 4-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A POLE LINE RELOCATION FOR THE CITY HALL/POLICE STATION CONSTRUC- TION PROJECT. Mr Mitchell said that the electrical services currently along Main Street are provided above ground. In anticipation of additional future beautification projects taking place within the area after the new facility has been completed, it has been proposed that the new facility have all utility connections run under ground. AEP/Public Service Company of Oklahoma has submitted a proposal to reroute the utility poles behind the new building at a cost of $6800. Ms Voss moved, seconded by Mr Brogdon, to approve an expenditure to AEP/PSO for the purpose of installing new power poles, lines, and anchors in the area of the construction project. AYE: Voss, Brogdon, Barnhouse, Williams NAY: None Motion carried 4-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT WITH BIRCH TELECOM OF OKLAHOMA INC FOR THE COLLECTION OF E-911 FUNDS AND REMITTANCE OF SAME TO THE CITY OF OW ASSO. Mr Cates said that the City of Owasso provides Emergency 911 service to Owasso citizens with specifically identified telephone prefixes. Ordinance #571 provides for an amount to be added to customers' telephone bills to support this service. All telephone providers with service in the city are required to execute an agreement with the City that authorizes the provider to collect E-911 - 7 - Owasso City Council September 5,2000 fees and return a percentage of those fees to the City. Birch Telecom of Oklahoma has requested authorization to begin providing service in the City of Owasso, and collecting the E-911 fees. Ms Voss moved, seconded by Ms Barnhouse, to approved an agreement with Birch Telecom of Oklahoma for the collection of E-911 fees and the remittance of those funds to the City of Owasso. AYE: Voss, Barnhouse, Brogdon, Williams NAY: None Motion canied 4-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE APPOINTMENT AND CONFIRMATION FO MEMBERS TO THE SALES TAX WATCHDOG COMMITTEE AND CAPITAL PROJECTS FINANCING COMMITTEE. Mayor Williams offered the name of Donnie Johns for appointment to the Sales Tax Watchdog Committee as a representative of Financial Institutions; and the following appointments to the Capital Projects Financing Committee: Pete Kourtis, representing citizens-at-large and Will Williams and Mary Lou Barnhouse, representing the City Council. Ms Voss moved, seconded by Ms Barnhouse, to confirm the appointments. AYE: Voss, Barnhouse, Brogdon, Williams NAY: None Motion canied 4-0. ITEM 18: REPORT FROM CITY MANAGER Mr Mitchell reported that filing for the City Council Ward 2 position began today and will continue through Thursday. He also announced that Block Parties will be held on Saturday, September 9th. ITEM 19: REPORT FROM CITY ATTORNEY. Mr Cates requested that the record reflect that he is to blame for the information needed for approval of the Canden Park II plat not being received. He said he had forgotten that our deadlines were changed because ofthe Labor Day holiday. ITEM 20: REPORT FROM CITY COUNCILORS. No report. - 8 - Owasso City Council September 5,2000 ITEM 21: NEW BUSINESS. None ITEM 22: ADJOURNMENT Ms Voss moved, seconded by Ms Bamhouse, to adjourn. AYE: Voss, Bamhouse, Brogdon, Williams NAY: None Motion carried 4-0, and the meeting was adjourned at 7:25 p.m. '{' 1'1 \~(/. (J/, " . im )'\ "I.m :,\, w . L/\.,j C( ,(. \. A \, H C Williams, Mayor 'i}li} - 9 -