HomeMy WebLinkAbout1998.12.15_City Council Minutes
OW ASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, December 15, 1998
The Owasso City Council met in regular session on Tuesday, December 15, 19~8 in the Council
Chambers at the Owasso Community Center per the Notice of Public Meeting arid Ag~nda posted
on the City Hall bulletin board at 4:00 p.m. on Friday, December 11, 1998. . '.
ITEM 1:
CALL TO ORDER
Mayor Bode called the meeting to order at 6:45 p.m.
ITEM 2:
FLAG SALUTE
The flag salute was given during the OPW A meeting preceding this meeting.
ITEM 3:
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 4:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR APPROVAL OF THE CONSENT AGENDA.
A. Approval of the Minutes of December 1, 1998 Regular Meeting.
B. Approval of Claims
C. Action Relating to Ordinance #596, an Ordinance Approving Action Taken
by the Owasso Public Works Authority Estgplishing Per Acre Assessment for
Recoupment of Costs Associated With the EID;lgreek Interceptor Sewer
Project. . .
D. Action Relating to Ordinance #597, an Ordinance Providing for the Closing
of a Utility Easement Located on Lot 3, Block 1, Double QaksIII-. .
E. Action Relating to Ordinance #598, an Ordinance ProvidingfodheRezoning
of Property Located on East 86th Street North BetweenBank ofthe Lakes and
Robert Long Insurance Agency; from OL (Office Light) to CS (Commercial
Shopping Center).
Owasso City Council December 15, 1998
F. Consideration and Appropriate Action Relating to a Request for City Council
Approval of a Final Plat for Fairways V, an Addition to the City of Owasso,
Tulsa County, Oklahoma.
G. Action Relating to an Agreement Between the City of Owasso and Tulsa
Technology Center for the Purpose of Providing Computer Training.
Mr Cates requested that Item 4-C be removed, based on action taken by the Owasso Public Works
Authority. It was also pointed out that Item 5 of the minutes of December 1 refers to Officer Randy
Cunningham as Randy Cunning. The consent agenda included minutes of the December 1, 1998
regular meeting and December 8, 1998 special meeting, by reference made a part hereto. Item B on
the consent agenda included the following claims: (1) General Fund $96,688.29; (2) Workers Comp
Self-Insurance $2,669.77; (3) Ambulance Service Fund $4,225.70; (4) City Garage $6,222.07; (5)
Capital Improvements $435.50; (6) Ambulance Service Capital Improvement $148.50; (7) Capital
Projects Grant $43,738.20; (8) Bond Projects Fund $20,831.00; (9) Interfund Transfers $4,245.22;
(10) Interfund Transfers $47,147.21; (11) Payroll $180,458.42; (12) City Garage Payroll $3,615.68.
Item C was removed. Item D requested approval of Ordinance #597, closing an easement located
on Lot 3, Block 1, Double Oaks III. Item E requested approval of Ordinance #598, an ordinance
rezoning property located between Bank of the Lakes and Robert Long Insurance Agency. Item F
requested approval of a final plat for Fairways V. Item G requested approval of an agreement
between the City of Owasso and Tulsa Technology Center to provide computer training for city
employees. Mr Wilken moved, seconded by Ms Voss, to approve the consent agenda with the
removal ofItem C and the correction to Officer Cunningham's name.
AYE: Wilken, Voss, Barnhouse, Smith, Bode
NAY: None
Motion carried 5-0.
ITEM 5:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO CITY
COUNCIL APPROVAL FOR PAYMENT FOR LEGAL SERVICES IN AN
AMOUNT IN EXCESS OF THE CITY MANAGER'S APPRO V ALAUTHORITY.
Mr Harder said that Mr Charles Plumb was retained to represent the City with the initiation ofthe
grievance filed by the FOP and Randy Brock. Mr Plumb was retained in order to remove any
potential conflicts that might arise should City Attorney Ron Cates be asked to provide advice to the
Police Department while actively representing the City in the grievance arbitration. Mr Plumb was
retained at an hourly rate of $140. To date, the City has paid seven monthly statements totaling
$7047.91, with an unpaid balance of $8873.43. The arrangement with Mr Plumb has not been
presented to the Council for payment of services in excess of the City Manager's approved spending
authority. Ms Barnhouse moved, seconded by Ms Voss, to confirm the actions already taken to pay
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Owasso City Council
December 15, 1998
the seven invoices and authorize payment for services received from Mr Plumb in the amount of
$8873.43, as well as any future amounts billed for preparation and submission of briefs.
AYE: Barnhouse, Voss, Smith, Willken, Bode
NA Y: None
Motion carried 5-0.
ITEM 6:
CONSIDERA TION AND APPROPRIA TE ACTION RELA TING TO A
CONTRACT FOR THE SUPPLY AND CLEANING OF UNIFORMS FOR
CERTAIN MUNICIPAL EMPLOYEES.
Mr Robelis presented the item related to uniforms for personnel in the Public Works, Parks,
Community Development, Maintenance and Vehicle Maintenance depmiments. The current contract
with Yale Uniform Rental was approved in September 1995 and extended for a one-year term in July
1997. Because the contract is tln'ee years old and because there have been some problems with the
quality of the cleaning process, the decision was made by staff to solicit new bids. Bid documents
were prepared and mailed to ten vendors, as well as advertised. Three vendors responded and bids
were opened on December 2, 1998. An analysis of the bids showsUniFirst of Broken Arrow to be
the lowest bidder. Staff recommended utilizing the services ofUniFirst for the supply and cleaning
of uniforms for the above-named departments. Mr Wilken moved, seconded by Ms Voss, to award
a contract for the supply and cleaning of uniforms for the above-named departments to UniFirst,
Broken Arrow, OK for the period January 1, 1999 through December 31, 1999 as specified in the
bid documents issued on November 12, 1998.
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AYE: Wilken, Voss, Barnhouse, Smith, Bode
NA Y: None
Motion carried 5-0.
ITEM 7:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO
RESOLUTION #98-07. A RESOLUTION REQUESTING ODOT FUNDS FOR
TRAFFIC SIGNALIZATION AT EAST 86TH STREET NORTH AND NORTH
123RD EAST AVE.
Items 7, 8, & 9 were presented by Mr Henderson and relate to applications for Oklahoma
Department of Transportation funding improvements and signalization on East 86th St N at Mingo
Rd, North 123rd East Ave, and North l45th East Ave. A resolution must be approved for each project
applied for that is submitted to ODOT for their review. The City is obligated to 20% of the
construction costs, which is available from the 1998 bond issue. Mr Smith moved, seconded by Ms
Voss, to approve Resolution #98-07.
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Owasso City Council
December l5, 1998
AYE: Smith, Voss, Barnhouse, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 8:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO
RESOLUTION #98-08, A RESOLUTION REQUESTING ODOT FUNDS FOR
EXPANSION AND SIGNALIZATION OF THE INTERSECTION AT EAST 86TH
STREET NORTH AND NORTH 145THEAST AVE.
Ms Voss moved, seconded by Mr Smith, to approve Resolution #98-08.
AYE: Voss, Smith, Barnhouse, Wilken, Bode
NA Y: None
Motion carried 5-0.
ITEM 9:
CONSIDERATION AND APPROPRIA TE ACTION RELA TING TO
RESOLUTION #98-09, A RESOLUTION REQUESTING ODOT FUNDS FOR
EXPANSION AND SIGNALIZATION OF THE INTERSECTION AT EAST 86TH
STREET NORTH AND NORTH MINGO ROAD.
Ms Voss moved, seconded by Ms Barnhouse, to approve Resolution #98-09,
AYE: Voss, Barnhouse, Smith, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 10:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE
ORDER #1. A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF
OW ASSO AND HORIZON CONSTRUCTION COMPANY INC FOR STREET
REHABILITATION PROJECTS.
On October 20, 1998, the City of Ow as so awarded the 1998 Street Rehabilitation Project to Horizon
Construction Company Inc in the amount of $836,954.95. Mr Lutz said that this project includes
the reconstruction of East 11 th St from N Main to N Cedar, Atlanta from W Third to W 11 t\ Carls bad
from W Third to W Seventh, Beaumont from W Fifth to W Seventh, and N 129th East Ave from
Owasso High School to E 9yd St N. The contractor encountered ground water on the north half of
II th St while compacting the aggregate base and was unable to achieve the specified compaction of
95% Standard Proctor. The project engineer believes that the best solution is to remove the
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Owasso City Council
December 15, 1998
aggregate base and substitute flowable fill to seal the ground water. This will increase the contract
sum by $19,270.94. Mr Wilken moved, seconded by Ms Voss, to approve Change Order #1 to the
above mentioned contract in the amount of$19,270.94.
AYE: Wilken, Voss, Barnhouse, Smith, Bode
NA Y: None
Motion carried 5-0.
ITEM 11:
CONSIDERATION AND APPROPRIA TE ACTION RELA TING TO AN
AMENDMENT TO AN AGREEMENT FOR ENGINEERING DESIGN
SERVICES.
Mr Carr presented the item, stating that the City Council approved a contract for engineering design
services for improvements to the U.S. 169 and 76th St N interchange with CH2MHill on February
3, 1998. Since that time the scope of work needed has changed to include additional ground survey
and a level of services analysis, resulting in an increase in cost of $12,973. Funds are included in
the FY97 -98 Capital Improvement Fund budget. Ms Barnhouse moved, seconded by Ms Voss to
approve Amendment #1 to the Agreement for Engineering Design Services for U.S. Highway 169
and 76th Street North Interchange Improvements withCH2MHill in the amount of $12,973.
AYE: Barnhouse, Voss, Smith, Wilken, Bode
NA Y: None
Motion carried 5-0.
ITEM 12:
CONSIDERA TrON AND APPROPRIATE ACTION RELA TING TO A REQUEST
FOR A SUPPLEMENTAL APPROPRIA TION AND AMENDMENT TO
CAPITAL IMPROVEMENTS FUND BUDGET
Funds for the initial engineering of Highway 169 and 76th St N interchange improvements were
included in the FY 97 -98 Capital Improvement Fund budget in an amount of$1 00,000. The original
agreement with CH2MHill was for $99,973. Amendment #1 will increase the contract amount to
$ll2,702, requiring a supplemental appropriation and amendment to the Capital Improvements Fund
budget. The money is available from unbudgeted Capital Improvement funds. Ms Voss moved,
seconded by Mr Smith, to approve a supplemental appropriation and amendment to the Capital
Improvements Fund line item 81-410-5468 in the amount of$12,973.
AYE: Voss, Smith, Barnhouse, Wilken, Bode
NAY: None
Motion carried 5-0.
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Owasso City Council
ITEM 13:
December l5, 1998
CONSIDERATION AND APPROPRIATE ACTION RELATING TO
RESOLUTION #98-10, A RESOLUTION APPROVING THE INCURRENCE OF
INDEBTEDNESS BY THE OW ASSO PUBLIC WORKS AUTHORITY (THE
"AUTHORITY") ISSUING ITS UTILITY AND SALES TAX REVENUE NOTE,
SERIES 1998 (THE "NOTE"); WAIVING COMPETITIVE BIDDING WITH
RESPECT TO THE SALE OF SAID NOTE AND APPROVING THE
PROCEEDINGS OF THE AUTHORITY PERTAINING TO THE SALE OF SAID
NOTE; RATIFYING AND CONFIRMING THE LEASE, AS AMENDED BYTHE
AMENDMENT TO LEASE BETWEEN THE CITY OF OW ASSO, OKLAHOMA
(THE "CITY") AND THE AUTHORITY PERTAINING TO THE LEASING OF
THE CITY'S UTILITY SYSTEMS TO THE AUTHORITY; APPROVING AND
AUTHORIZING EXECUTION AND DELIVERY OF A SALES TAX
AGREEMENT PERTAINING TO A YEAR-TO-YEAR PLEDGE OF CERTAIN
SALES TAX REVENUE; ESTABLISHING THE CITY'S REASONABLE
EXPECTATION WITH RESPECT TO THE ISSUANCE OF TAX-EXEMPT
OBLIGA TIONS BY OR ON BEHALF OF SAID CITY IN CALENDAR YEAR
1998. AND DESIGNATING THE NOTE TO BE QUALIFIED TAX-EXEMPT
OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATING
THERETO.
Ms Bishop said that at the March 17, 1998 meeting, the OPW A Trustees approved a concept plan
for the construction and funding of the Elm Creek Interceptor Sewer Project. The concept allows
the interceptor to be constructed with city-backed financing supported by a private sector "pay-back"
as the property develops. Part of the financing is to be a bank loan. That loan for $1,200,000 has
been negotiated with First Bank of Owasso. Resolution #98-10 approves the incurrence of
indebtedness by the OPW A and other actions required for the issuance of said note. Mr Wilken
moved, seconded by Mr Smith, to approve Resolution #98-10.
AYE: Wilken, Smith, Barnhouse, Voss, Bode
NA Y: None
Motion carried 5-0.
ITEM 14:
CONSIDERA TION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM PRESTON LAKES LLC FOR ANNEXATION OF AN APPROXIMATE
60-ACRE PARCEL OF LAND LOCATED EAST OF NORTH 145TH EAST
AVENUE BETWEEN EAST 86m STREET NORTH AND EAST 96TH STREET
NORTH IN ROGERS COUNTY.
Mr Warlick said that Preston Lakes LLC has requested annexation of property totaling 60 acres,
more or less, located between E 86th St Nand E 96th St N in Rogers County just east of 145th East
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Owasso City Council
December 15,1998
Ave. The land is undeveloped at this time. The annexation request was heard and approved by the
Annexation Committee, the Technical Advisory Committee, and the Planning Commission. Mr
Wilken moved, seconded by Ms Voss, to approve the annexation request submitted by Preston Lakes
LLC.
AYE: Wilken, Voss, Barnhouse, Smith, Bode
NAY: None
Motion carried 5-0.
ITEM 15:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM THE LARKIN BAILEY FOUNDATION TO REZONE PROPERTY
LOCATED BETWEEN MINGO ROAD AND GARNETT ROAD AND EAST 86TH
STREET NORTH AND EAST 96TH STREET NORTH; FROM AG
(AGRICUL TURE) TO RS-3 (RESIDENTIAL SINGLE-F AMIL Y HIGH
DENSITY), RM-2 (RESIDENTIAL MUL TI-F AMIL Y) OL (OFFICE LIGHT), CG
(COMMERCIAL GENERAL), AND CS (COMMERCIAL SHOPPING CENTER),
CONTAINING 408.7 ACRES, MORE OR LESS.
Because of a technicality, Mr Wilken moved, seconded by Ms Voss, to table this item to the January
5, 1999 meeting.
AYE: Wilken, Voss, Barnhouse, Smith, Bode
NA Y: None
Motion carried 5-0.
ITEM 16:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FROM KOURTIS PROPERTIES LLC FOR COUNCIL APPROVAL OF A
PLANNED UNIT DEVELOPMENT.
Because ofa technicality, Mr Wilken moved, seconded by Ms Voss, to table this item to the January
5, 1999 meeting.
AYE: Wilken, Vass, Barnhouse, Smith, Bode
NA Y: None
Motion carried 5-0.
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Owasso City Council
December 15, 1998
ITEM 17:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO COUNCIL
APPROV AL OF A NAME CHOSEN FOR THE CITY PARK ON 86TH STREET
NORTH.
Mr Rooney presented the item, stating that one of the fund raising projects for the United Way was
a "Name That Park" contest for the city park on East 86th St N. The winning entry was drawn during
the "Light's On Ceremony" on November 30th. The winning entry was from Randy Cunningham
of the Owasso Police Department. Mr Cunningham has requested that the park be named "Pride
Park". If approved by the City Council, this name will be in existence for two years. Mr
Cunningham was present and was recognized by the Council. Mr Wilken moved, seconded by Ms
Voss, to approve the name "Pride Park" for the city park located on E 86th St N, for a period of two
years.
AYE: Wilken, Voss, Barnhouse, Smith, Bode
NAY: None
Motion carried 5-0.
ITEM 18:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
A WARD OF A CONTRACT FOR THE CONSTRUCTION OF A RESTROOM
FACILITY AT THE OWASSO SPORTS PARK.
Mr Rooney said that one of the projects included in the 1998 bond issue, is a new restroom facility
for the Owasso Sports Park. Bid packets were prepared and advertised in September, with two
contractors submitting bids. Both bids were significantly higher than the construction cost of the
restroom completed in the spring of 1998. The Council rejected those bids and authorized the staff
to rebid the proj ect. Requests for bids were once again advertised and bids were opened on
November 30, 1998, with five contractors submitting bids. The lowest bid came in from Sports Park
Inc of Ow ass 0 in the amount of$85,405. It is the staffs understanding that several donations may
be received for the project, which will likely result in a reduction of the cost. Mr Smith moved,
seconded by Ms Voss, to award a contract for the construction of a restroom facility at the Owasso
Sports Park to Sports Park Inc, Owasso, OK in the amount of $85,405, and authorize the Mayor to
execute the documents.
AYE: Smith, Vass, Barnhouse, Wilken, Bode
NA Y: None
Motion carried 5-0.
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Owasso City Council
December 15,1998
ITEM 19:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR COUNCIL AUTHORIZATION FOR THE CITY ATTORNEY TO FILE A
DISCLAIMER OF INTEREST IN THE MATTER OF THE APPLICATION OF
ACE CUSTOM HOMES INC TO V ACA TE A PORTION OF AN EASEMENT IN
THE F AIRWAYS II AT BAILEY RANCH.
Mr Cates said that this item relates to a legal action necessary when an easement within the city
limits of Owasso is closed. The person or entity requesting the easement closure files an application
for a hearing to foreclose the right to reopen and judicially vacate the easement. The City must then
file a Disclaimer of Interest. Ordinance #580, approved by the City Council on July 7, 1998,
formally adopted the action taken by the Council to close the above named easement. Ms Voss
moved, seconded by Mr Smith, to authorize the City Attorney to file a Disclaimer ofInterest in the
Matter of the Application of Ace Custom Homes Inc to vacate a portion of an easement in the
Fairways II at Bailey Ranch, and to authorize the Mayor to execute the document.
AYE: Voss, Smith, Barnhouse, Wilken, Bode
NAY: None
Motion carried 5-0.
ITEM 20:
CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
APPOINTMENT AND CONFIRMATION OF MEMBERS TO A TAX
INCREMENT FINANCING REVIEW COMMITTEE.
At the first City Council meeting in December, Councilors indicated their willingness to consider
the development of a Tax Increment Financing Policy by authorizing the creation of a TIF Policy
Review Committee. That committee was to be appointed by the Mayor, with confirmation by the
City Council. Mayor Bode submitted the following persons to be considered as members of a Tax
Increment Financing Policy Review Committee and moved for their confirmation: Yolanda Charney,
Citizen-at-Large; David Vines, Vision Owasso; Ray Haynes, Planning Commission; Gary Cox,
Tulsa City-County Health Dept; Dr Gene Callahan, Tulsa Technology Center; Frank Enzbrenner,
OEDA; Dale Johnson, Owasso Schools; Richard Parker, Tulsa City-County Library System; and Jeff
Hancock, Owasso City Manager as Chair. Motion seconded by Ms Barnhouse.
AYE: Bode, Barnhouse, Vass, Smith, Wilken
NA Y: None
Motion carried 5-0.
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Owasso City Council
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.
ITEM 25:
ADJOURNMENT
Ms Barnhouse moved, seconded by Mr Wilken, to adjourn.
AYE: Barnhouse, Wilken, Voss, Smith, Bode
NAY: None
Motion carried 5-0, and the meeting was adjourned at 7:23 R.m. ""
. 11wth&
. Denise Bode, Mayor
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December 15, 1998