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HomeMy WebLinkAbout1997.03.18_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 18, 1997 The Owasso City Council met in regular session on Tuesday, March 18, 1997 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, March 14, 1997. ITEM 1: CALL TO ORDER Mayor Ewing called the meeting to order at 7:00 p.m. ITEM 2: INVOCATION The invocation was offered by Pastor Leonard Pirtle of Owasso First Free Will Baptist Church. ITEM 3: FLAG SALUTE Dr Standridge led in the flag salute. ITEM 4: ROLL CALL PRESENT Danny Ewing, Mayor Joe Ramey, Vice Mayor Mary Lou Barnhouse, Councilor Michael Helm, Councilor Tracy Standridge, Councilor ABSENT STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: PRESENT A TION OF SPECIAL RECOGNITIONS City Manager Rodney Ray, Mayor Ewing, and Police Chief Alexander presented a special recognition to police officer Doug Driver in recognition of his receiving the Don Byerly A ward, The Don Byerly A ward is the highest state award an officer can receive for outstanding work in the area of DUI and traffic safety. The award is named in honor of Sgt Don Byerly, a Tulsa police officer who was killed by a drunk driver. Peggy Robinson of the Owasso Reporter, presented Officer Driver with a letter and recognition from Gov Frank Keating. Mr Ray also mentioned that Sgt Mark Stevens of the Tulsa County Sheriff's Department has received the "Top Deputy Award" for traffic safety and education. Sgt Stevens serves the City of Owasso as Civil Defense Director. Owasso City Council March 18, 1997 ITEM 6: REQUEST APPROVAL OF THE MINUTES OF MARCH 4. 1997 REGULAR MEETING AND MARCH 11. 1997 SPECIAL MEETING. Mr Ramey moved, seconded by Dr Standridge, to approve the minutes as submitted, by reference made a part hereto, A YE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0, ITEM 7: REQUEST APPROVAL OF THE CLAIMS. Mr Ramey moved, seconded by Ms Barnhouse, that the following claims be approved as submitted: (1) General Fund $36,005.94; (2) Workers Comp Self Ins Plan $2,610.19; (3) Ambulance Service Fund $1,812.35; (4) E-911 $1,849.31; (5) City Garage $6,626.78; (6) Capital Improvements $681,78; (7) Capital Projects Grant $3,500.00; (8) Payroll $119,869.48; (9) City Garage Payroll $1,459.76. A YE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5-0, ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE MOWING CONTRACTS FOR CITY PROPERTIES. For the past seven years, the City of Owasso has utilized private sector contractors for the purpose of providing mowing services for city properties during the summer growing months. This program continues to be cost effective. The 1997 mowing bid packets were sent to 29 prospective mowing contractors and the bid was advertised in the Owasso Reporter. Bids were received from 13 contractors. Mr Carr said that the bids received for mowing city parks showed an increase of $6.00 per mowing from the 1996 season costs, and the total for mowing four parks at 18 mowings each is $9558. The bids for easements, medians and right-of-way areas showed a decrease of from $64.50 to $2502.50 per mowing. The mowing season calls for six mowings, at a cost of $15,015. The U.S. Highway 169 right-of-way was not awarded in 1996, however, staff is recommending that it be awarded for the 1997 mowing season because of wear and tear on equipment and availability of city personnel. Total expense for all the contracts for the mowing season will be $24,573, a savings of $279 over the 1996 season. Dr Standridge moved, seconded by Mr Ramey, to approve the following contracts for the 1997 mowing season and authorize payment: 2 Owasso City Council March 18, 1997 1. Rayola Park - Mr Larry Turner at $193 per mowing 2. Elm Creek Park - Town & Country Landscape at $219 per mowing 3. Ator Heights Park - Mr J B Stigall at $75 per mowing 4. 86th St Park - Town & Country Landscape at $44 per mowing 5. Ator Utility Easement - Mr J B Stigall at $27.50 per mowing 6. El Rio Vista Center Medians & Frontage - D & J Lawn at $40 per mowing 7. El Rio Vista Drainage Easement - Mr J B Stigall at $30 per mowing 8. Three Lakes Drainage Easement - Grasshopper Lawn Care at $390 per mowing 9. Lakeridge Drainage Easement - Grasshopper Lawn Care at $250 per mowing 10. Owasso Expressway West Side Easement - Brush Hog Services at $65 per mowing 11. Main St, Fifth St Drainage, & Third & Main St Easements - Mr J B Stigall at $50 per mowing 12. U.S. Highway 169 Right-of-Way - Brush Hog Services at $1650 per mowing. A YE: Standridge, Ramey, Helm, Barnhouse, Ewing NA Y: None Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR FINAL ACCEPTANCE OF WORK PERFORMED UNDER A CONTRACT FOR STREET REPAIRS AND MODIFICATIONS AT VARIOUS LOCATIONS, BETWEEN THE CITY OF OWASSO AND AM-RAIL CONSTRUCTION INC. AND AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RET AINAGE TO THE CONTRACTOR. Repair and modification of city streets at 15 locations throughout the city began on November 26, 1996 and was completed and inspected on March 3, 1997 . No deficiencies were noted at the inspection, and a one-year maintenance bond has been provided by the contractor. The final contract amount was $26,886.40, of which $24,179.46 has been paid. Mr Ramey moved, seconded by Mayor Ewing, to accept the work performed under the contract between the City of Owasso and AM-Rail Construction Inc, and authorization for final payment and release of retainage in the amount of $2686.94. A YE: Ramey, Ewing, Standridge, Barnhouse, Helm NAY: None Motion carried 5-0. 3 Owasso City Council ITEM 10: March 18, 1997 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE STREETS AND STORMWATER DRAINAGE SYSTEMS CONSTRUCTED TO SERVE NOTTINGHAM II~ AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY. OKLAHOMA. Mr Lutz said that the project is located between 86th St N and 96th St N, next to Nottingham I addition. The water and sanitary sewer systems have already been accepted. Design and construction of the street and storm water systems were reviewed and inspected by the public works department. Final inspection was made on March 7, 1997, with no deficiencies noted. The developer has provided a one-year maintenance bond. Dr Standridge moved, seconded by Mr Ramey, to accept the streets and storm water drainage systems constructed to serve Nottingham II. A YE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ACCEPTANCE OF IMPROVEMENTS TO THE STREETS AND STORMWATER DRAINAGE SYSTEMS CONSTRUCTED TO SERVE THE FAIRWAYS I, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. Mr Lutz said that the street maintained bond for this subdivision has not yet been received, and made a staff request to withdraw the item until such time as the bond has been received. ITEM 12: CONSIDERATION AND APPROPRIA TE ACTION RELA TING TO A REQUEST FOR ANNEXATION AND SUBSEQUENT ZONING OF AN APPROXIMATE 20-ACRE PARCEL OF LAND LOCATED SOUTH OF THE SOUTHWEST CORNER OF EAST 96TH STREET NORTH AND GARNETT ROAD, FURTHER DESCRIBED AS THE SI2 OF THE NE/4 OF THE NE/4 OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST. Mr Rooney presented the request for annexation. The subject property is owned by the edison family and is currently zoned residential multi-family townhouse within Tulsa County. The Owasso Zoning Code allows for the City Council to annex and zone property under one ordinance if the property retains the existing zoning classification once annexed. The request was reviewed by the Technical Advisory Committee, with no opposition. The Planning Commission and the Annexation Committee both reviewed the request and approved the 4 Owasso City Council March 18, 1997 annexation. Mr Ramey moved, seconded by Dr Standridge, to approve the annexation request and the continuance of the zoning established in Tulsa County. A YE: Ramey, Standridge, Barnhouse, Helm, Ewing NA Y: None Motion carried 5-0. ITEM 13: CONSIDERATION AND APPROPRIA TE ACTION RELATING TO ORDINANCE #541. AN ORDINANCE DECLARING A 60-DA Y MORATORIUM PROHIBITING THE CONSTRUCTION OF. OR ISSUANCE OF PERMITS FOR. NEW STRUCTURES. OR THE MODIFICATION OF EXISTING STRUCTURES, WHICH ARE USED PRIMARILY TO SUPPORT ANTENNAS. WHETHER AS A PRINCIPAL OR ACCESSORY USE. WHICH ARE IN EXCESS OF THIRTY FEET (30') IN HEIGHT. IN ALL RESIDENTIAL, OFFICE, COMMERCIAL. INDUSTRIAL, AND AGRICULTURE ZONED DISTRICTS. SAID ORDINANCE TO ESTABLISH PENALTIES FOR VIOLATION THEREOF, AND DECLARING AN EMERGENCY. Many new telecommunications companies are being created as a result of the 1996 Telecommunications Act, and these new companies are establishing wireless communications networks. It is anticipated that applications will be made to construct telecommunication towers. Mr Rooney said that the staff does not believe that the City of Owasso' s Zoning Code is adequate to address the issue of communication towers. Because the City of Tulsa has established a moratorium prohibiting towers, the staff believes communication providers may try to locate their towers in Owasso, and that it would be in the best interest of Owasso for the Council to establish a 60-day moratorium concerning the construction and/or modification of communication towers in order to allow the staff time to review the Zoning Code. Mr Ramey moved, seconded by Dr Standridge, to approve Ordinance # 541, declaring a 60-day moratorium prohibiting the construction of, or issuance of permits for, new structures or the modification of existing structures which are used to support antennas. A YE: Ramey, Standridge, Helm, Barnhouse, Ewing NA Y: None Motion carried 5-0. 5 Owasso City Council March 18, 1997 J ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ATTACHMENT OF AN EMERGENCY CLAUSE TO ORDINANCE #541. The staff recommended the attachment of an emergency clause to ordinance #541, in order to allow the ordinance to take effect immediately upon passage. Mr Ramey moved, seconded by Mayor Ewing, to approve the attachment of emergency clause to ordinance #541. A YE: Ramey, Ewing, Barnhouse, Standridge, Helm NA Y: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE ESTABLISHMENT OF A PUBLIC POLICY REGARDING THE PERMITTING OF COMPANIES OTHER THAN THE HOLDER OF A FRANCHISE. TO PROVIDE ELECTRICAL SERVICE TO THE CITIZENS OF OW ASSO. AND GIVING DIRECTION TO THE STAFF FOR THE FURTHER DEVELOPMENT OF SUCH A PERMIT OR THE CESSATION OF SUCH EFFORT. Ms Barnhouse said that during the past several months there has been a continuing discussion relating to the issue of whether or not the City of Owasso should allow companies other than the electrical franchise holder to provide electrical service to the citizens of Owasso. This would be done through a permitting process. She requested that the matter be tabled until results of Senate Bill 500, which would create an Electric Restructuring Act, are known. She said that the staff has already spent considerable time in researching the issue and needed direction before proceeding further toward the development of an ordinance. Councilor Helm asked how the issue was first introduced. Mr Ray said that the question of permitting electrical providers came from an OEDA meeting and that OEDA Trustees, as well as Councilors and citizens, are divided on the issue. Following discussion and comments, Ms Barnhouse moved, seconded by Mr Ramey, to table the issue of an electrical ordinance until such time as the result of Senate Bill 500 is known. A YE: Barnhouse, Ramey, Standridge, Ewing NAY: Helm Motion carried 4-1. 6 Owasso City Council March 18, 1997 ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A MAYOR'S APPOINTMENT TO THE SALES TAX WATCHDOG COMMITTEE. The Sales Tax Watchdog Committee was created by the voters as a requirement of the 1988 sales tax election. The committee provides oversight for the proceeds from the bond issue. Mr Bill Williams has submitted his resignation from the committee, creating a vacancy in one of the retail business slots. Mr Ewing submitted the name of Mr Steve Baggett, owner of "My House Gifts & Accessories" for appointment to the committee. Mayor Ewing moved that the City Council confirm his appointment of Mr Steve Baggett to the Sales Tax Watchdog Committee. Motion seconded by Mr Ramey. A YE: Ewing, Ramey, Barnhouse, Helm, Standridge NAY: None Motion carried 5-0. ITEM 17: REPORT RELATING TO THE STATUS OF THE CONSTRUCTION OF IMPROVEMENTS BY THE YMCA TO THE OW ASSO RECREA TION CENTER. Mr John Swift, CEO of the YMCA of Greater Tulsa, provided a written construction update. ITEM 18: REPORT FROM CITY MANAGER Mr Ray reported that there had recently been a sewer line blockage and sewage spill south of the National Steak and Poultry building. The staff has cleaned up the spill, reported to the proper agencies, and is monitoring the situation. ITEM 19: REPORT FROM CITY ATTORNEY No report. ITEM 20: REPORT FROM CITY COUNCILORS No report. ITEM 21: UNFINISHED BUSINESS None. 7 Owasso City Council March 18, 1997 ITEM 22: NEW BUSINESS None. ITEM 23: ADJOURNMENT Mr Ramey moved, seconded by Ms Barnhouse, to adjourn. AYE: Ramey, Barnhouse, Helm, Standridge, Ewing NAY: None Motion carried 5-0, and the meeting was adjourned at 8:02 p.m. 8