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HomeMy WebLinkAbout1999.12.21_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 21,1999 The Owasso City Council met in regular session on Tuesday, December 21, 1999 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, December 17, 1999. ITEM 1: CALL TO ORDER Mayor Wilken called the meeting to order at 6:41 p.m. ITEM 2: FLAG SALUTE The flag salute was given during the OPW A meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT Mark Wilken, Mayor Mary Lou Bamhouse, Vice Mayor Denise Bode, Councilor Melinda Voss, Councilor H C "Will" Williams, Councilor ABSENT STAFF Jeff Hancock, City Manager Ronald D Cates, City Attomey Marcia Boutwell, City Clerk A quorum was declared present. ITEM 4: READING OF MAYOR'S PROCLAMATION. Mayor Wilken read and presented a proclamation to his son, Jonathan Wilken, proclaiming December 25-31, 1999 as Family Week in the City of Owasso. Jonathan came up with the idea of the proclamation, which recognizes the importance of families spending quality time together in order to build stronger family relationships. ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of December 7, 1999 Regular Meeting and December 14, 1999 Special Meeting. B. Approval of Claims. The consent agenda included minutes of the December 7, 1999 regular meeting and December 14, 1999 special meetings, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $58,704.66; (2) Collision Self-Insurance Owasso City Council December 21, 1999 $40.00; (3) Workers Comp Self-Insurance Plan $1,019.66; (4) Ambulance Service Fund $3,225.94; (5) E-911 $1,902.47; (6) City Garage $8,127.97; (7) Capital Improvements $23,556.19; (8) Bond Projects Fund $88,353.47; (9) Payroll $195,675.48; (10) City Garage Payroll $4,094.45. Dr Bode moved, seconded by Ms Voss, to approve the consent agenda. AYE: Bode, Voss, Williams, Bamhouse, Wilken NAY: None Motion carried 5-0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A BID FOR THE PURCHASE AND INSTALLATION OF CARPET AT THE COMMUNITY CENTER. Mr Henderson said that one of the projects in the 1997 bond issue is improvements to the community center. The City also applied for a grant to assist with some of the community center work, and a grant has been awarded for carpet replacement. Sealed bids were taken for the carpet project, with only one bid being received. That bid includes the removal of existing carpet and baseboards and the installation of new carpet and appurtenances The carpet will not be laid until the roofing project has been accepted. Dr Bode moved, seconded by Ms Voss, to award the bid for the purchase and installation of carpet at the community center to Mill Creek Carpet and Tile in the amount of$29,760. AYE: Bode, Voss, Williams, Bamhouse, Wilken NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN APPLICATION FOR TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FUNDING (TEA-21) FOR THE NORTH MAIN STREET ENHANCEMENT PROJECT. Mr Henderson presented the item. He said that, at a public meeting relating to Main Street improvements, the public consensus is to leave the existing Main St roadway as a four-lane street and repair the deficient areas and overlay the street. Staff detem1ined that an enhancement to the street could be included at a later date. That enhancement includes application for TEA-21 funds to add bicycle lanes, lighting and enhancements on the outside of the existing curb. The application is due at the Oklahoma Department of Transportation offices on January 3, 2000. Council approval of the application is required. Ms Voss moved, seconded by Mr Williams, to approve the TEA-21 application and authorize the Mayor to execute the application. AYE: Voss, Williams, Bode, Bamhouse, Wilken NA Y: None Motion carried 5-0. - 2 - Owasso City Council December 21, 1999 ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT FOR THE RELOCATION OF A GAS LINE AT 76TH STREET NORTH AND 129TH EAST AVENUE INTERSECTION. Mayor Wilken and Councilor Williams recused themselves from participation in or voting on this issue, and Vice Mayor Bamhouse presided. Mr Henderson said that the widening and signalizing of the intersection at 76th St Nand 129th East Ave requires that a gas line in a private easement be relocated. The maximum cost to the City would be $175,000 and funds are available through the bond issue. Dr Bode moved, seconded by Ms Voss, to approve the agreement with Oklahoma Natural Gas Company for the gas line relocation at 76th St N & 129th East Ave at a cost not to exceed $175,000, and authorization for the Mayor to execute the document. AYE: Bode, Voss, Bamhouse NAY: None Motion carried 3-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ORDINANCE #626, AN ORDINANCE PERTAINING TO USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS, AND DECLARING AN EMERGENCY. Mr Rooney said that numerous citizen complaints have been received in recent months regarding the sale of vehicles on vacant or unused portions of parking lots throughout the city. Licensed used vehicle dealers are complaining about these makeshift car lots, the visual impact on the surrounding area is undesirable, and the City has no jurisdiction over this practice unless the property owner posts the property. Ordinance #626 would prohibit the sale of vehicles on open lots unless the necessary state license is obtained and the zoning is appropriate. It would allow the Police Department and Code Enforcement Officer to tow the vehicles after a sufficient notice, waming, citation or warrant has been issued. This ordinance will not affect an individual's right to sell a vehicle licensed in their name at their private resident. Ms Voss moved, seconded by Mr Williams, to approve Ordinance #626. AYE: Voss, Williams, Bode, Bamhouse, Wilken NAY: None Motion carried 5-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #626. Mr Rooney said that an emergency clause has been attached to Ordinance #626 so that it can take effect upon publication since there is currently no provision in the code that covers the sale of vehicles on vacant or unused portions of parking lots. Ms Voss moved, seconded by Ms Bamhouse to approve the attachment of an emergency clause to Ordinance #626. - 3 - Owasso City Council December 21, 1999 AYE: Voss, Bamhouse, Bode, Williams, Wilken NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #99-09, A RESOLUTION PROVIDING FOR THE TRANSFER OF THE CABLE TV PERMIT HOLDER. Mr Rooney said that the City was notified on November 18, 1999 by TCI Cablevision that they have entered into a planned reorganization agreement which will result in the transfer of the local cable television permit for the City of Owasso and the subsequent change of ownership of the new permit holder. Resolution #99-09 gives the City's consent to all transactions, in accordance with the tenns of the pem1it. Dr Bode moved, seconded by Ms Voss, to approve Ordinance #99- 09. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF A DEED OF DEDICATION FROM THE LARKIN BAILEY TRUST TO THE CITY OF OWASSO, OKLAHOMA AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DEED. Mr Warlick presented the item. The City of Owasso has received an offer to dedicate right-of- way to the public. The right-of-way dedication is generally located on the north, northeast, and northwest sides of the Lakes PUD, and would generally result in 50 feet of right-of-way along existing roadway. This property is located on the south side of E 106th St N between Mingo Road and Gamett Road, the west side of Gamett Road from the intersection with E 106th St N extending approximately one-half mile to the south, and the east side of Mingo Road from the intersection with E 106th St N extending approximately one-quarter mile to the south. Additional portions to be dedicated include a small triangular strip located on the southeast comer of E 106th St N and Mingo Road, and eight feet on the southwest side and near the intersection of N 106th East Ave and Gamett Road. Mr Williams moved, seconded by Ms Voss, to accept the deed of dedication from the Larkin Bailey Trust to the City of Owasso, and authorization for the Mayor to execute the deed. AYE: Williams, Voss, Bode, Bamhouse, Wilken NAY: None Motion carried 5,.0. - 4 - Owasso City Council December 21, 1999 ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-99-12, A REQUEST TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF EAST 76TH STREET NORTH, WEST OF NORTH 129TH EAST AVENUE; FROM RS-1 (RESIDENTIAL SINGLE FAMILY LOW DENSITY) TO RD (RESIDENTIAL Duplex), CONTAINING 15.84 ACRES, MORE OR LESS. Mr Warlick said that OZ-99-12 would rezone property on the southwest comer of 76th St Nand N 129th East Ave. The tract is currently undeveloped, and the proposed rezoning will serve as a portion of the underlying zoning for OPUD-17. The proposed rezoning will allow for an expansion of the Oklahoma Baptist Retirement Center. The Owasso Planning Commission unanimously approved the rezoning at their December 14, 1999 regular meeting. Dr Bode moved, seconded by Mr Williams, to approve OZ-99-12 AYE: Bode, Williams, Voss, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ-99-13, A REQUEST TO REZONE TWO ADJACENT 15.4 ACRE TRACTS LOCATED ON THE EAST SIDE OF MINGO ROAD, NORTH OF EAST 106TH STREET NORTH; FROM AG (AGRICULTURE) TO RS-3 (RESIDENTIAL SINGLE FAMILY HIGH DENISTY AND CG (COMMERCIAL GENERAL). Mr Warlick presented the item. D.M. Sokolosky is the owner and applicant for Tract A and David Vines in the owner and applicant for Tract B of the rezoning request. Tract A proposes a zoning change from AG to RS-3, and Tract B proposes a change from AG to CG. The subject properties are currently undeveloped. The Owasso Planning Commission unanimously recommended approval of the rezoning at their December 14, 1999 regular meeting, with no challenge of the proposed land use. Ms Voss moved, seconded by Mr Williams, to approve OZ- 99-13. AYE: Voss, Williams, Bode, Bamhouse, Wilken NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OPUD-17, A REQUEST FOR COUNCIL APPROVAL OF A PLANNED UNIT DEVELOPMENT. Mr Warlick said that the applicant, Oklahoma Baptist Retirement Center, proposes a Planned Unit Development on 32.33 acres, more or less, on property generally located south of E 76th St N on the west side of N 129th East Ave. The applicant proposes up to 209 family units (154 quadruplexes and 55 duplexes), along with accessory commercial buildings, parks and a community building. The Owasso Planning Commission unanimously approved the rezoning at - 5 - Owasso City Council December 21, 1999 their December 14, 1999 regular meeting, with conditions to address storm drainage concems. Dr Bode moved, seconded by Mr Williams, to approve OPUD-17, with the following conditions as recommended by the Owasso Plmming Commission: A. That the applicant's Development Text, and Outline Development be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code; B. That single-family attached dwellings shall be constructed to the standards specifically set out in the test of this PUD: C. That the proposed accessory commercial development conform to the PUD accessory commercial requirements of the Owasso Zoning Code; D. That within the PUD, the maximum number of dwellings shall not exceed 209; E. That as this proposal already meets the maximum allowable development densities, only decreases in development will be allowed as minor transfers (10% decrease in a development area's density), and then only so long as there is no significant change in the character of the development; F. That a detailed drainage report be submitted at the time of platting, and certification of such document by an engineer; G. 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; H. That no building pennits be issued within any portion of the PUD until all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations are met by the developer; 1. That Acceleration/Deceleration lanes are required at the access point to the subject property along the arterial street (N 129th East Ave); J. That the development will include sidewalks along the abutting arterial streets and the interior drives within the proposed development, K. The Planning Commission reserves the right to prescribe additional buffering and screening as it deems necessary during the platting process. To the extent that the developer chooses to vary from the outline PUD, the developer can and should expect additional buffering requirements as necessary to ensure compatibility with surround land uses. L. That the applicant will meet with surrounding property owners to the south, west, and east of the subject property prior to platting of the property. The applicant will review existing and proposed stormwater control measures to ensure that they are adequate. AYE: Bode, Williams, Bamhouse, Voss, Wilken NA Y: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR JANITORIAL SERVICES. Mr McElrath said that cleaning services for the City Hall and Public Works buildings have been performed on a month-to-month basis. With the move of the Public Works Department to their new building, bids for this service have been solicited. Four companies responded to the advertisement for bids, and were allowed to bid on either or both buildings. ABM Janitorial Services submitted the low bid, and a contract has been prepared for services to the end of the - 6 - Owasso City Council December 21, 1999 current fiscal year, with an option for renewal if approved by both the City and the vendor. Ms Bamhouse moved, seconded by Dr Bode, to accept the bid submittal and approve the contract for services with ABM Janitorial Services for the cleaning of City Hall and the Public Works building at a cost of $1078 per month, with services to begin on January 3, 2000, and authorization for the Mayor to execute the contract. AYE: Barnhouse, Bode, Williams, Voss, Wilken NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CONTRACT BETWEEN THE CITY OF OW ASSO AND FRATERNAL ORDER OF POLICE LODGE #149. Mr Harder said that the City of Owasso and FOP Lodge #149 began negotiatIOns for an agreement for FY 1999-2000 in March. Negotiations continued through a declared impasse and Federal Mediation and Conciliation Services mediation. Negotiations continued even though FMCS Binding Interest Arbitration was scheduled for December 10th. The parties reached a tentative agreement as arbitration was scheduled to begin, and the Lodge's membership ratified the agreement on December 14th. The cost of the agreement is $92,856.82 greater than the cost of the agreement for the previous fiscal year. Dr Bode moved, seconded by Ms Bamhouse, to approve the agreement between the City and FOP Lodge #149, providing for wages, benefits and other working conditions for FY 1999-2000, and authorization for the Mayor to execute the document. AYE: Bode, Bamhouse, Williams, Voss, Wilken NAY: None Motion carried 5-0. ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT WITH RURAL WATER DISTRICT NO 3, ROGERS COUNTY. Mr Cates presented the item. He said that discussion have occurred with the Board of Rural Water District No.3, Rogers County to work out methods of fumishing billing, collection and remittance of utility service and ambulance charges and assuring adequate fire flow capacity in areas served by a rural water district that have been annexed into the City of Owasso. This agreement addresses those concems and has been executed by the Board of Directors of Rural Water District No.3, Rogers County. This same agreement was approved by the OPWA. Ms Voss moved, seconded by Dr Bode, to approve the agreement with Rural Water District No.3, Rogers County, and authorize the Mayor to execute the agreement. - 7 - Owasso City Council December 21, 1999 AYE: Voss, Bode, Williams, Bamhouse, Wilken NAY: None Motion carried 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN AGREEMENT WITH RURAL WATER DISTRICT NO 3, WASHINGTON COUNTY. Mr Cates presented the item. He said that discussion have occurred with the Board of Rural Water District No.3, Washington County to work out methods of fumishing billing, collection and remittance of utility service and ambulance charges and assuring adequate fire flow capacity in areas served by a rural water district that have been annexed into the City of Owasso. This agreement addresses those concems. This same agreement was approved by the OPW A. Dr Bode moved, seconded by Ms Voss, to approve the agreement with Rural Water District No.3, Washington County, and authorize the Mayor to execute the agreement. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5-0. ITEM 20: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A MAYOR'S APPOINTMENT TO THE BOARD OF ADJUSTMENT REQUIRING CONFIRMATION BY THE CITY COUNCIL. This item was removed from the agenda at the request of the Mayor until such time as the person being considered can be contacted. ITEM 21 REPORT FROM CITY MANAGER No report. ITEM 22: REPORT FROM CITY ATTORNEY. No report. ITEM 23: REPORT FROM CITY COUNCILORS. None. ITEM 24: NEW BUSINESS. None. - 8 - Owasso City Council December 21, 1999 ITEM 25: 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 307(B)(1). Dr Bode moved, seconded by Ms Voss, to enter into executive session for the purpose stated. AYE: Bode, Voss, Williams, Bamhouse, Wilken NAY: None Motion carried 5-0, and the Council entered into executive session at 7:10 p.m. Out of executive session and the meeting reconvened at 8:30 p.m. ITEM 26: CONSIDERATION AND TAKING OF ANY APPROPRIATE ACTION AS A RESUL T OF THE EXECUTIVE SESSION. Mayor Wilken mmounced that, as a result of the executive session, two actions were requested. The first action would accept the resignation of the City Manager with an effective date and the second action would appoint an interim city manager. Dr Bode moved, seconded by Ms Voss, to accept the resignation of City Manager Jeff Hancock effective December 31, 1999. A voice vote was called for, all Councilors voted in the affim1ative, and the Mayor announced the matter passed. Dr Bode moved, seconded by Ms Voss, that Assistant City Manager Timothy Rooney be appointed Interim City Manager effective January 1, 2000. A voice vote was called for, all Councilors voted in the affinnative, and the Mayor announced the matter passed. ITEM 27: ADJOURNMENT Dr Bode moved, seconded by Mr Williams, to adjoum. AYE: Bode, Williams, Voss, Bamhouse, Wilken NAY: None Motion carried 5-0, and the meeting was adjoumed at 8:35 p.m. Mark Wilken, Mayor ~.~ ~~).. ~ Marcl Boutwell, City lerk - 9 -