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HomeMy WebLinkAbout1998.01.20_City Council Minutes OW ASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 20, 1998 The Owasso City Council met in regular session on Tuesday, January 20, 1998 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, January 16, 1998. ITEM 1: CALL TO ORDER Mayor Barnhouse called the meeting to order at 7:02 p.m. ITEM 2: INVOCATION The invocation was offered by Mr Steve Thomas, Administrator at the Baptist Retirement Center. ITEM 3: FLAG SALUTE Councilor Mark Wilken led in the flag salute. ITEM 4: ROLL CALL PRESENT Mary Lou Barnhouse, Mayor Tracy Standridge, Vice Mayor Michael Helm, Councilor (in at 7: 11 p.m.) Denise Bode, Councilor Mark Wilken, Councilor ABSENT STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk A quorum was declared present. ITEM 5: READING OF MAYOR'S PROCLAMATION. Mayor Barnhouse read a proclamation naming the Baptist Retirement Center as Business of the Quarter for the First Quarter of 1998. The Mayor presented the proclamation to Mr Steve Thomas, Administrator. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of January 6, 1998 Regular Meeting and January 15, 1998 Special Meeting. B. Approval of Claims. Owasso City Council January 20, 1998 C. Action Relating to an Agreement for Municipal Street Lighting Service. D. Action Relating to a Request for Council Acceptance of a Grant to Fund the Purchase of a Commercial Refrigerator for the Community Center. E. Action Relating to a Request for a Supplemental Appropriation and Amendment to the General Fund Community Center Department Capital Outlay Budget. The consent agenda included minutes of the January 6, 1998 regular meeting and January 15, 1998 special meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $44,304.15; (2) Cemetery Care $2,000.00; (3) Workers' Comp Self-Insurance Fund $1,016.25; (4) Ambulance Service Fund $1,628.07; (5) E-911 $1,873.44; (6) City Garage $7,945.23; (7) Capital Improvements $14,223.10; (8) Capital Projects Grant $7,250.00; (9) Interfund Transfers $3,515.96; (10) Payroll $136,139.45; (11) City Garage Payroll $3,263.08; (12) Capital Improvement Fund Payroll $2,003.52. Item C requested approval of an agreement with Public Service Company of Oklahoma to furnish, install, maintain and operate electric street, highway and other area lighting requested by the City for the period July 1, 1997 thru June 30, 1998. Item D requested acceptance of a grant from the Tulsa Area Agency on Aging in the amount of $3880 to be used for the purchase of a Hobard Commercial Refrigerator for the Community Center, and authorization for the Mayor to execute the document. Item E was a request for a supplemental appropriation to the General Fund Budget increasing estimated revenues by $3880 and increasing expenditures in the Community Center Department Machinery & Equipment line item by $3880. Dr Bode moved, seconded by Dr Standridge, to approve the consent agenda. A YE: Bode, Standridge, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE EXPENDITURE OF FUNDS TO PURCHASE A VEHICLE FOR THE ENGINEERING DIVISION AND A VEHICLE FOR THE STREETS DIVISION, SUCH PURCHASES UTILIZING THE STATE OF OKLAHOMA BID LIST CONTRACT NUMBER SW80035; AND AUTHORIZATION FOR PAYMENT. Mr Carr said that funds are included in the FY 1997-98 budget for the purchase of vehicles for the engineering and street divisions. Bids were solicited and opened in October 1997. Four vendors submitted bids, with all bids exceeding the budgeted amount. The City Council rejected the bids on November 18, 1997. The staff then obtained a copy of the FY 1998 State of Oklahoma bid list and evaluated the bids for the required vehicles. Larry Spencer Chevrolet in Norman, OK is the apparent low bidder in all but one category, and was just under $14 above the low bidder in that category. Staff recommendation is to purchase the requested vehicles 2 Owasso City Council January 20, 1998 from Larry Spencer Chevrolet. Dr Standridge moved, seconded by Mr Wilken, to approve the purchase and authorize payment for a 1998 Chevrolet S-lO extended cab vehicle for the engineering division in the amount of $14,494.97 and a 1998 Chevrolet 3/4 automatic vehicle for the street division in the amount of $17,036.13, from Larry Spencer Chevrolet in Norman, OK. AYE: Standridge, Wilken, Bode, Helm, Barnhouse NAY: None Motion carried 5-0. Items 8, 9, 10 & 11 were reviewed concurrently by Mr Rooney because of the connection of each zoning case to the Planned United Development, however, separate action was taken on each item. Lindsey Management of Fayetteville, AR has requested approval of three rezoning requests and a Planned Unit Development application. The subject property contained within the PUD, of which the rezoning requests are a portion, contains 288 acres of undeveloped property located with the square mile section bounded by E 76th St N, E 86th St N, N 129th E Ave, and N 145th E Ave. If approved, the requests will allow for the development of multi- family housing, an 18-hole golf course, and single-family housing. The three zoning cases would establish needed underlying zoning within the subject area to permit the implementation of the proposed PUD. OZ-98-03, OZ-98-04, and OZ-98-05 will establish 80.53 acres of RM-l zoning, 165.29 acres of OM zoning, and 39.68 acres of RS-l zoning. The Owasso Planning Commission has conducted a hearing on all four requests and has recommended Council approval of the requested zoning and PUD. The staff concurs with those recommendations. Relative to OZ-98-05, Mr Gary Baxter expressed concern about rezoning the area from RE to RS-1. He suggested leaving the zoning as is until such time as that area is developed. Councilor Helm suggested that the Director of Golf for the City of Owasso be included in reviewing the plans for the golf course adjacent to 129th E Ave, to ensure that all efforts are made to ensure the protection of traffic on 129th EAve. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM LINDSEY MANAGEMENT TO REZONE 93-143 ACRES. MORE OR LESS. LOCATED SOUTH OF EAST 86TH ST N BETWEEN NORTH 129TH E AVE AND NORTH 145TH E AVE. FROM RD (RESIDENTIAL DUPLEX). RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY), AND RS-2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) TO RM-l(RESIDENTIAL MULTI-FAMILY LOW DENSITY. Mr Wilken moved, seconded by Dr Bode, to approve the rezoning requested in OZ-98-03. AYE: Wilken, Bode, Helm, Standridge, Barnhouse NAY: None 3 Owasso City Council January 20, 1998 Motion carried 5-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM LINDSEY MANAGEMENT TO REZONE 149.647 ACRES. MORE OR LESS. LOCATED SOUTH OF EAST 86TH ST N BETWEEN NORTH 129TH E AVE AND NORTH 145TH E AVE: FROM RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY). RE-2 (RESIDENTIAL SINGLE-FAMIL YMEDIUM DENSITY). AND RE (RESIDENTIAL ESTATES) TO OM (OFFICE MEDIUM). Dr Standridge moved, seconded by Dr Bode, to approve the rezoning requested in OZ-98-04. AYE: Standridge, Bode, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST FROM LINDSEY MANAGEMENT TO REZONE 42.7 ACRES, MORE OR LESS. LOCATED NORTH OF EAST 76TH ST N IMMEDIATELY EAST OF GRACELAND ACRES: FROM RE (RESIDENTIAL ESTATES) TO RS-l (RESIDENTIAL SINGLE-FAMILY LOW DENSITY). Dr Bode moved, seconded by Dr Standridge, to approve the rezoning requested in OZ-98-05. AYE: Bode, Standridge, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM LINDSEY MANAGEMENT FOR COUNCIL APPROVAL OF A PLANNED UNIT DEVELOPMENT. Mr Wilken moved, seconded by Dr Standridge, to approve OPUD-98-0 1, conditional upon the developer accepting the following conditions as recommended by staff: A. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. B. That unless specifically set out in the standards and conditions of this PUD, single-family development shall meet the requirements of a typical RS-l district. 4 Owasso City Council January 20, 1998 C. That the square footage of any single-family dwelling be a minimum of 2250 square feet. D. That unless specifically set out in the standards and conditions of this PUD, all multi- family development shall meet the requirements of a typical RM -1 district. E. That unless specifically set out in the standards and conditions of this PUD, all office development shall meet the requirements of a typical OL district. F. That within the PUD, the maximum number of dwellings shall not exceed 900 (800 multi-family, 100 single-family). G. That minor transfers (10% increase in a development area's density) of dwelling units from one residential development area to another can occur if a significant change in the character of either development area is not created. H. That all conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. I. That a detailed drainage report be submitted at the time of platting, and certification of such document by an engineer. 1. That 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. K. That no building permits 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. L. That no occupancy of any multi-family dwelling unit be permitted until golf course construction is substantially completed. M. Acceleration/Deceleration lanes at each access point to the subject property along the arterial streets (E 86th St N, N 129th EAve, N 145th EAve). N. The inclusion of sidewalks along the abutting arterial streets and the interior drives within the proposed development O. The realignment of the E 86th St N access near the Eighth Grade Center, eliminating the offset. 5 Owasso City Council January 20, 1998 P. Left turn lanes for both eastbound and westbound traffic along E 86th St N at the Eight Grade Center access location Q. Signalization at the Eighth Grade Center access location when traffic loads warrant. R. Provide access to the 20-acre out parcel located north of Graceland Acres to prevent land locking of that parcel. S. Provide stormwater detention area for office parcel. T. Continuation of landscaping buffer along the north boundary of the subject property (between the proposed multi-family area and commercially zoned property) and along the west boundary of the subject property (along N 129th E Ave). U. The submittal of detailed landscaping plans to be submitted at the time of site plan review, said plans to be reviewed by staff and the Planning Commission for approval. AYE: Wilken, Bode, Helm, Standridge, Barnhouse NAY: None Motion carried 5-0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM KMO DEVELOPMENT TO REZONE 1.04 ACRES. MORE OR LESS. LOCATED NORTH OF EAST 86TH ST N. DIRECTLY EAST OF THE BANK OF THE LAKES PROPERTY: FROM OL (OFFICE LIGHT) TO CS (COMMERCIAL SHOPPING CENTER). Mr Rooney said that KMO Development Group Inc has requested a rezoning from OL to CS for property containing approximately 1.04 acres located between the Bank of the Lakes site and Warehouse Market along E 86th St N. The Planning Commission held a public hearing on the request and gave its unanimous approval. Dr Standridge moved, seconded by Mr Wilken, to approve the rezoning request contained in OZ-98-01. AYE: Standridge, Wilken, Bode, Helm, Barnhouse NA Y: None Motion carried 5-0. 6 Owasso City Council January 20, 1998 ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM OMNI ENTERTAINMENT TO REZONE LOTS 3. 4 & 5. AND RESERVE AREA "A" OF FORREST DRIVE INDUSTRIAL PARK. LOCATED WEST OF THE OWASSO EXPRESSWAY: FROM IL ULIGHT INDUSTRIAL) TO CG (COMMERCIAL GENERAL). Omni Entertainment Inc has requested a rezoning from IL to CG for property contammg approximately 6.4 acres located immediately northwest of Keller Williams Realty, on the west side of the Owasso Expressway. The applicants are requesting the rezoning in order to allow for the development of the site for a family entertainment facility. The Owasso Planning Commission unanimously approved the request at their January 13, 1998 meeting. Dr Bode moved, seconded by Dr Standridge, to approve the rezoning request contained in OZ-98-02. AYE: Bode, Standridge, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A WORKERS' COMPENSATION CLAIM FOR HEARING LOSS. AND AUTHORIZATION FOR PAYMENT. Mr Harder presented the case for Firefighter Mike Sole, who has filed a claim for hearing loss as a result ofloud noises associated with firefighting and response to emergencies. Hearing tests have been conducted on Mr Sole and a rating assigned to the hearing loss. On December 16, 1997, the matter was tried in Tulsa Workers' Compensation Court. As a result of that trial, the City has received Workers' Compensation Court Order No 97-14136F, ordering a 4.4% binaural hearing loss, for which Mr Sole is entitled to compensation for 10.8 weeks at $185 per week, plus associated taxes, fees, and costs, for a total cost of the award of $2227.85. Dr Standridge moved, second by Mr Wilken, to approve and authorize payment of the court-ordered Workers' Compensation claim of Mike Sole for hearing loss. AYE: Standridge, Wilken, Helm, Bode, Barnhouse NAY: None Motion carried 5-0. ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A WORKERS COMPENSATION CLAIM FOR A NECK INJURY. AND AUTHORIZATION FOR PAYMENT. Mr Harder presented the case for Firefighter Mike Sole, who has filed a claim for a neck injury sustained while unloading a patient from an ambulance. Mr Sole has been evaluated and rated 7 Owasso City Council January 20, 1998 by three physicians. On December 18, 1997, the matter was tried in Tulsa Workers' Compensation Court. As a result of that trial, the City has received Workers' Compensation Court Order No 97-4526X, awarding a 20% permanent partial disability to the body as a whole, due to Mr Sole's injury. Mr Sole is entitled to compensation for 91 weeks at $213 per week, plus associated taxes, fees, and costs. The total cost of this award is $20,960.18. Dr Standridge moved, seconded by Dr Bode, to approve and authorize payment of the Court-ordered Workers' Compensation claim of Mike Sole for a neck injury. AYE: Standridge, Bode, Wilken, Helm, Barnhouse NAY: None Motion carried 5-0. ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO EMPLOY THE FIRM OF LIONESS REALTY GROUP INC FOR PROFESSIONAL AND TECHNICAL SERVICES ASSOCIATED WITH THE LOCATION AND CONSTRUCTION OF A CITY HALL FACILITY. Mr Ray requested that the City Council approve an agreement with Lioness Realty Group to provide professional services relating to the construction of a city hall facility. He said that the firm will provide professional assistance to the citizens committee involved in site selection, and provide expertise that isn't currently available to the committee. John Groth questioned why it is necessary to hire a consulting firm. He said he believes the citizens group can make the proper decisions, and that he sees the hiring of an the finn as an unnecessary expense. Mr Ray said that there are issues to be addressed other than the simple selection of a site. Mr Helm moved, seconded by Dr Bode, to authorize the Mayor to execute a letter of agreement between the City of Owasso and Lioness Realty Group for professional services relating to the construction of a city hall facility, such agreement providing for a scope of work and further providing for compensation not to exceed $13,200, plus expenses not to exceed $2600. AYE: Helm, Bode, Wilken, Standridge, Barnhouse NAY: None Motion carried 5-0. ITEM 17: CONSIDERATION AND APPROPRIATE RELATING TO A CONTRACT RENEWAL AGREEMENT WITH THE LOCAL GOVERNMENT TESTING CONSORTIUM FOR THE PURPOSE OF SERVING AS A THIRD-PARTY ADMINISTRATOR TO ASSIST IN COMPLIANCE WITH FEDERALLY MANDATED RANDOM ALCOHOL AND DRUG TESTING. 8 Owasso City Council January 20, 1998 Mr Harder presented the item. On March 5, 1996, a contract between the City of Owasso and the Local Government Testing Consortium was approved by the City Council, to assist the City in complying with federally mandated drug and alcohol testing. The contract expired after one year, however, the Consortium has continued to provide testing services without a contract. The contract renewal has now been received and reviewed and approved by the City Attorney. The renewal contract does not differ from the previous contract except in redefining the expiration clause to be indefinite, with 90 days written notice from either party. The fee for the services is $32.50 per year per employee in the testing pools. Mr Wilken moved, seconded by Dr Standridge, to approve the renewal agreement with the Local Government Testing Consortium to serve as a third-party administrator for federally mandated random alcohol and drug testing of employees, and authorize the Mayor to execute the agreement. AYE: Wilken, Standridge, Helm, Bode, Barnhouse NAY: None Motion carried 5-0. PUBLIC HEARING ITEM 18: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL BY THE CITY COUNCIL. SITTING AS THE RETIREMENT COMMITTEE. FOR DISABILITY RETIREMENT. Mr Harder said that George Haley began employment with the City as a water meter reader on April 8, 1986, with his current position being wastewater treatment plant operator. Mr Haley was injured in an on-the-job-accident on February 9, 1996 when he fell from a ladder. He was on worker's compensation leave from April 2, 1997 until June 23, 1997, when he returned to a light duty assignment. Mr Haley worked until July 2, 1997, and has not worked since that date. While he was on light duty, Mr Haley was diagnosed with multiple myeloma and surgery was performed. At that time, he was removed from workers' compensation status. Mr Haley is covered by a mandatory defined benefit retirement plan and has elected to participate in a defined contribution (thrift) retirement plan, both through the Oklahoma Municipal Retirement Fund. He has applied for disability benefits from both plans. As a requirement for disability benefits, the local retirement committee must decide the applicant's qualifications for the benefits. The City Council also serves as the local retirement committee. All forms are in order and have been submitted to the Council/Retirement Committee for review. Dr Bode moved, seconded by Dr Standridge, that the City Council in their capacity as the Retirement Committee, approve the request from George Haley for disability retirement from both the Thrift Plan and the Defined Benefit Retirement Plan. AYE: Bode, Standridge, Helm, Wilken, Barnhouse NAY: None 9 Owasso City Council January 20, 1998 Motion carried 5-0. ITEM 19: REPORT FROM CITY MANAGER Mr Ray expressed his thanks to the Owasso Planning Commission on their review of the Planned Unit Development that was before the City Council at this meeting. ITEM 20: REPORT FROM CITY ATTORNEY No report. ITEM 21: REPORT FROM CITY COUNCILORS No report. ITEM 22: UNFINISHED BUSINESS None. ITEM 23: NEW BUSINESS None. ITEM 24: ADJOURNMENT Dr Standridge moved, seconded by Dr Bode, to adjourn. AYE: Standridge, Bode, Helm, Wilken, Barnhouse NAY: None Motion carried 5-0, and the meeting was adjourned at 7:54 p.m. 10