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HomeMy WebLinkAbout1999.02.16_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 16, 1999 The Owasso City Council met in regular session on Tuesday, February 16, 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, February 12, 1999. ITEM 1: CALL TO ORDER Mayor Bode called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION The invocation was offered by Support Services Director Jim McElrath. ITEM 3: FLAG SALUTE Councilor Voss led in the flag salute. ROLL CALL PRESENT Denise Bode, Mayor Mark Wilken, Vice Mayor Mary Lou Barnhouse, Councilor Melinda Voss, Councilor Duston Smith, Councilor ABSENT STAFF Jeff Hancock, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval ofthe Minutes of February 2, 1999 Regular Meeting and February 9, 1999 Special Meetings. B. Approval of Claims C. Action Relating to the Adoption of a Sexual Harassment Policy. D. Action Relating to a Workers Compensation Claim Against the City of Owasso by Jim Dobrinski. E. Action Relating to Acceptance of Improvements to the Water and Wastewater Systems Constructed to Serve the Fairways V, an Addition to the City of Owasso, Tulsa County, Oklahoma. Mr Wilken moved, seconded by Mr Smith, to approve the consent agenda. The consent agenda included minutes of the February 2,1999 regular meeting and the February 9, 1999 Special Meeting, Owasso City Council February 16, 1999 by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $46,640.42; (2) Collision Self-Insurance $1,951.80; (3) Workers Comp Self- Insurance $9,514.02; (4) Ambulance Service Fund $4,600.18; (5) City Garage $11,085.39; (6) Capital Improvements $14,834.20; (7) Ambulance Service Capital Improvement $17,390.43; (8) Bond Projects Fund $51,140.65; (9) Interfund Transfers $4,277.11; (10) Payroll $157,550.73; (11) City Garage Payroll $3,636.06. Item C requested a modification to the PersOlmel Policies and Procedures Manual, adopting a Sexual Harassment Policy. Item D recommended approval of a negotiated settlement by joint petition with Jim Dobrinski, wherein the City would pay $2000 for injury to the back and $5000 for injury to the left hand, such payment in return for complete elimination offuture medical claims against the City of those injuries; and authorization for payment of the claim, plus associated court and legal fees. Item E requested acceptance of the improvements to the water and wastewater systems constructed to serve The Fairways V, an addition to the City of Owasso, Tulsa County, Oklahoma. AYE: Wilken, Smith, Voss, Barnhouse, Bode NA Y: None Motion carried 5-0. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE A WARD OF A CONTRACT FOR THE PURCHASE OF A RADIO COMMUNICATION SYSTEM. Chief Alexander presented the item. She said that the radio system currently used by the City of Owasso is approximately 12 years old and is experiencing problems related to its age. A radio communications team was created in July 1997 to review and evaluate the current system and project future needs. Proposals were received from engineering firms to determine what system would be best for the City. EIS Communications was selected to complete the analysis. After reviewing and evaluating the data collected, EIS recommended a stand alone 800 MHz system. Because of the expense of such a system, specifications were developed that would allow vendors to bid on either a 450 MHz or 800 MHz system. Two bids were received, with both systems meeting the bid requirements. After reviewing the bids, Chief Alexander, Chief Allen, and Morris Strom, EIS Consultant, recommend the purchase of an 800 MHz system from Total Radio, Tulsa, OK. The amount for the purchase is under the projected budget. Mr Smith moved, seconded by Ms Voss, to approve the purchase of a radio communication system from Total Radio, Tulsa, OK in the amount of$167,293, contingent upon the City obtaining five (5) 800 MHz frequencies. AYE: Smith, Voss, Barnhouse, Wilken, Bode NAY: None Motion carried 5-0. 2 Owasso City Council ITEM 7: February 16, 1999 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ACCEPTANCE OF RIGHT-OF-WAY EASEMENTS FROM CLYFTON A RAEUBER AND MICHAEL A & CINDEE S TREAT; AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENTS. Mr Lutz said that these are the final easements needed to complete the Elm Creek Sewer Interceptor Project. Mr Wilken moved, seconded by Ms Voss, to accept the right-of-way easements mentioned above, and to authorize the Mayor to execute the documents. A YE: Wilken, Voss, Barnhouse, Smith, Bode NA Y: None Motion carried 5-0. ITEM8 : CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR FY 1998-99 STREET REP AIRS AT VARIOUS LOCATIONS, BETWEEN THE CITY OF OW ASSO AND MAGNUM CONSTRUCTION INC, AND AUTHORIZATION FOR FINAL PAYMENT. Mr Lutz presented the item. He said that a contract was awarded to Magnum Construction Inc on October 21, 1998 for FY 998-99 street repairs. The project has been completed and the contractor has submitted a request for final payment. The final payment is less than the amount of the contract due to variations in actual repair surface areas and contingency repair items not used. A final inspection was conducted on February 8, 1999. All punch list items have been corrected, and the contractor has provided a one-year maintenance bond. Mr Smith moved, seconded by Ms Barnhouse, to accept the work performed under a contract with Magnum Construction Inc for FY 1998-99 Street Repairs at Various Locations, and to authorize final payment in the amount of $28,639.33. AYE: Smith, Barnhouse, Voss, Wilken, Bode NA Y: None Motion carried 5-0. ITEM 9:. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR ACCEPTANCE OF IMPROVEMENTS TO THE WATER AND WASTEWATER SYSTEMS CONSTRUCTED TO SERVE KELLEY ANN ADDITION IN TULSA COUNTY, OKLAHOMA. Staff advised Council that the street and maintenance bonds have not been received for this project. Mr Wilken moved, seconded by Ms Voss to table this item under such time as the bonds have been received. 3 Owasso City Council February 16, 1999 AYE: Smith, Barnhouse, Voss, Wilken, Bode NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR THE COMMUNITY CENTER RE-ROOF PROJECT. Mr Henderson said that the Community Center Re-RoofProject was advertised on December 10, 1998 and a Pre-Bid Conference was held on January 7,1999. Six bids were received and opened on January 18, 1999. The lowest bidder was $20,000 lower than the next low bidder, and the architect requested that the low bidder submit a materials list used to bid on the project. That list showed that the coping materials submitted were inferior to those specified by the architect and the bid was disqualified. The second low bidder was also asked to submit their proposed materials, and the architect confirmed that the materials are equal to those specified. Mr Groth asked about a pitched roof. Mr Henderson said that the cost of a pitched roof would be more than is budgeted, and that the roof that was bid will have a 20-year warranty. Mr Wilken moved, seconded by Ms Barnhouse, to award a contract for the re- roofing of the Owasso Community Center to Shelton Metro Roofing Corp, Tulsa, OK, in the amount of$75,800. AYE: Wilken, Barnhouse, Smith, Barnhouse, Bode NA Y: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO REQUEST FOR COUNCIL APPROV AL OF AN INTERLOCAL AGREEMENT WITH TULSA COUNTY FOR PAVING AT THE GOLF COURSE PARKING LOT AND DRAINAGE WORIZ AT VARIOUS LOCATIONS. Mr Carr presented the item. He said that in order to reduce cost of construction of the new clubhouse at the golf course, Tulsa County was asked to provide construction equipment and labor to pave the parking lot. The Interlocal Agreement provides for the work to be performed by Tulsa County, with the City of Ow as so providing all materials and traffic control. In addition, the City has periodic requirements to perform drainage ditch maintenance. Wording has been added to this agreement for the County to provide drainage assistance at various locations in the City. Ms Barnhouse moved, seconded by Ms Voss, to approve the Interlocal Agreement with Tulsa County. AYE: Barnhouse, Voss, Smith, Wilken, Bode NA Y: None Motion carried 5-0. 4 Owasso City Council ITEM 12: February 16, 1999 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM CHARLES NORMAN ON BEHALF OF THE OWNER (JOI-INSON) TO REZONE PROPERTY LOCATED NORTH OF EAST 96TH STREET NORTH AND WEST OF THE OW ASSO EXPRESSWAY; FROM OL (OFFICE LIGHT) AND RS-3 (RESIDENTIAL SINGLE-F AMIL Y HIGH DENSITY) TO CS (COMMERCIAL SHOPPING CENTER), AND FROM RS-3 (RESIDENTIAL SINGLE-F AMIL Y HIGH DENSITY) TO OL (OFFICE LIGHT), CONTAINING 4.26 ACRES, MORE OR LESS. Mr Warlick said that the applicant is requesting the above-mentioned rezoning on property located north of East 96th St N, west ofthe Owasso Expressway. The rezoning is a small area and proposed to "square off' a tract that can then serve as a site for new commercial development planned to front on the north side of E 96th St N. The Owasso Planning Commission unanimously approved the rezoning request at their February 9, 1999 regular meeting. Mr Wilken moved, seconded by Mr Smith, to approve the rezoning request. AYE: Wilken, Smith, Voss, Barnhouse, Bode NA Y: None Motion carried 5-0. Mayor Bode recused herself, and Vice Mayor Wilken presided during the hearing of items 13, 14, & 15. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM CHARLES NORMAN ON BEHALF OF THE OWNER (KAISER FRANCIS OIL CO) TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF EAST 86TH STREET NORTH APPROXIMATELY 700 FEET EAST OF THE INTERSECTION OF EAST 86TH STREET NORTH AND NORTH 129TH EAST AVENUE; FROM OL (OFFICE LIGHT) TO OM (OFFICE MEDIUM), CONTAINING 9.46 ACRES, MORE OR LESS. Mr Warlick presented the item. He said that Charles Norman, applicant and attorney for the purchaser, is requesting a rezoning of 9.46 acres, more or less, located on the south side of E 86th St N, east ofN 129th East Ave (east ofthe Albertson's site). Plans are to construct a large, two-story, medical office facility on the site. The Owasso Planning Commission unanimously approved the rezoning request at their February 9,1999 regular meeting. Ms Voss moved, seconded by Mr Smith, to approve the requested rezoning. AYE: Voss, Smith, Barnhouse, Wilken NAY: None Motion carried 4-0. 5 Owasso City Council February 16, 1999 ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR PARTIAL VACATION OF A FINAL PLAT FOR ROC OWASSO. Mr Warlick said that the owner, Kaiser Francis Oil Company, has requested a vacation of Block 1, Lot 8, ROC Owasso Addition. The subject property is located on the south side of E 86th St N between the Albertson's site and the property rezoned in item 13. The partial plat vacation is the second step in a series of requests that are required to create a planned two-story medical mall. The Owasso Technical Advisory Committee and Owasso Planning Commission have both unanimously approved the partial plat vacation. Ms Voss moved, seconded by Ms Barnhouse, to approve the vacation of Block 1, Lot 8 of the final plat for ROC Owasso. AYE: Voss, Barnhouse, Smith, Wilken NA Y: None Motion carried 4-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR ROC OW ASSO II, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY OKLAHOMA. Mr Warlick presented the item. He said the City has received a request to review a final plat for ROC Owasso II, a one-lot, 16.85 acre subdivision located on the south side ofE 86th St N, east of N 129th East Ave. The proposal will replat the easternmost portion of ROC Owasso and will plat additional land to the east. The Technical Advisory Committee and Planning Commission have heard and approved the request subject to the following conditions: 1. That Block 1, Lot 8, of ROC Owasso Addition shall be vacated by separate instrument, (this was accomplished in item 14); 2. That acceleration/deceleration lanes and sidewalks shall be installed along E 86th St N; 3. That, with respect to bulk and area requirements only, the most restrictive zoning district shall govern the manner in which the property is developed and maintained. Mr Warlick said that a representative of the applicant was in the audience and he asked if the applicants agree with the conditions. Mr Bruce Belsey, representing the applicants, stated that they agree with the conditions, but requested that the record reflect that the usage allowed by underlying zoning be in no way diminished by the conditions stated. Ms Voss moved, seconded by Mr Smith, to approve the final plat for ROC Owasso II, with the conditions as stated. A YE: V oss, Smith, Barnhouse, Wilken NA Y: None Motion carried 4-0. 6 Owasso City Council February 16, 1999 ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR FRIENDSHIP BAPTIST CHURCH, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, OKLAHOMA. Mr Warlick said that this item is a request to review a final plat for Friendship Baptist Church Addition, a one-lot subdivision containing15 acres, more or less. The subject property is located on the south side ofE 86th St N, west ofN 145th East Ave. It is zoned RS-2 (Residential Single-Family Medium Density). In 1996, Friendship Baptist Church received a Special Exception from the Owasso Board of Adjustment permitting them to build a church in a residential district. The Technical Advisory Committee and Planning Commission have both reviewed the plat and recommended approval subject to the following condition: 1. That acceleration/deceleration lanes and sidewalks shall be provided on E 86th St N. Mr Warlick said that the applicant has agreed to the condition. Mr Wilken moved, seconded by Ms V oss, to approve the final plat for Friendship Baptist Church Addition, subject to the condition mentioned. AYE: Wilken, Voss, Smith, Barnhouse, Bode NA Y: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A SUPPLEMENTAL APPROPRIATION AND AMENDMENT TO THE GARAGE FUND BUDGET. Mr McElrath presented the item. He said that the amount in the Garage Fund Budget appropriated to the "Parts for Resale" line item has already been exceeded. It has been determined that an additional $60,000 will be needed in this line item in order to cover the cost of repairs that have already been authorized by the depmiments or will be authorized before the end of the current fiscal year. Ms Barnhouse moved, seconded by Mr Smith, to approve a supplemental appropriation to the Garage Fund Budget, increasing revenues and expenses by $60,000. AYE: Wilken, Voss, Smith, Barnhouse, Bode NA Y: None Motion carried 5-0. 7 Owasso City Council ITEM 18: February 16, 1999 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE CITY COUNCIL TO SET A FEE FOR THE SALE OF COPIES OF THE CITY OF OW ASSO CODE OF ORDINANCES. Mr Cates said that the adopting ordinance for the City of Owasso Code of Ordinances provides for the sale of copies of the Code to the public at a price to be determined by motion or resolution of the City Council. The City Clerk has received a request from a local attorney to purchase a copy ofthe Code, and it is necessary to establish a sale price. Four communities in the metro area were contacted, but none of them have an established price for the sale of copies of their Code of Ordinances. Therefore, based on the cost to reproduce the Code book, staff believes that a price of $50.00 is reasonable. Mr Smith moved, seconded by Mr Wilken, to establish a price of $50.00 for each copy of the Code of Ordinances sold to the general public. AYE: Smith, Wilken, Voss, Barnhouse, Bode NAY: None Motion carried 5-0. ITEM 19: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AUTHORIZATION FOR THE CITY ATTORNEY TO INSTITUTE LEGAL ACTION IN THE DISTRICT COURT OF TULSA COUNTY, STATE OF OKLAHOMA, TO SEEK JUDICIAL REVIEW OF AN ARBITRATION DECISION RENDERED BY NORWOOD RUE ON JANUARY 27, 1999, IN THE MATTER OF FOP LODGE NO 149 AND RANDY BROCK, GRIEVANT, AND THE CITY OF OWASSO, OKLAHOMA, FMCS NO 980311-06801-7. Mr Wilken moved, seconded by Ms Voss, to table this item until February 23,1999 at 5:00 p.m. at a Special Meeting of the City Council. AYE: Wilken, Voss, Barnhouse, Smith, Bode NA Y: None Motion carried 5-0 ITEM 20: REPORT FROM CITY MANAGER Mr Hancock reminded everyone that during the week of February 22-26, the City of Ow as so Public Works Department Streets Division will be holding the first pothole filling campaign for 1999. Citizens may call 272-CITY to report potholes, which the City will fill within 24 hours. The campaign is called Pothole Posse. ITEM 21: No report REPORT FROM CITY ATTORNEY 8 Owasso City Council February 16, 1999 ITEM 22: REPORT FROM CITY COUNCILORS Mayor Bode asked staff member Dwayne Henderson to introduce his new son, Jared Dwayne. ITEM 23: NEW BUSINESS None. ITEM 24: ADJOURNMENT Ms Voss moved, seconded by Mr Wilken, to adjourn. AYE: Voss, Wilken, Barnhouse, Smith, Bode NA Y: None Motion carried 5-0, and the meeting was adjourned at 7:04 p.m. ~~ Denise Bode, Mayor 9