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HomeMy WebLinkAbout1989.10.17_City Council MinutesOWASSO CITY COUNCIL OCTOBER 17, 1989 On Tuesday, October 17, 1989 the Owasso City Council met in a regular session in the Council Chambers at the Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, October 13, 1989. ITEM 1: CALL TO ORDER. The meeting was called to order at 7:40 p.m. with Mayor Marlar presiding. ITEM 2: FLAG SALUTE. The flag salute was led by Mayor Marlar. ITEM 3: ROLL CALL. PRESENT: Patricia K. Marlar, Mayor Mark Thompson, Vice Mayor Von E. Stockler, Councilman John P. Phillips, Councilman Stacy P. Lamb, Councilman Rodney J. Ray, City Manager Ronald D. Cates, City Attorney Jane Buchanan, City Clerk ABSENT: None A quorum was declared present. ITEM 4: PROCLAMATION RELATING TO THE PROCLAIMING OF OCTOBER 22- 29 1989 AS "RED RIBBON WEEK" AND URGING ALL CITIZENS TO PARTICIPATE IN DRUG AWARENESS AND PREVENTION ACTIVITIES. Mayor Marlar read the proclamation declaring a "Red Ribbon Week" in Owasso. ITEM 5: REQUEST FOR APPROVAL OF THE MINUTES OF OCTOBER 3, 1989 AND THE SPECIAL MEETING OF OCTOBER 5 1989. A motion was made by J. Phillips, seconded by V. Stockler, to approve the minutes, as written, by reference made a part hereto. 1 OWASSO CITY COUNCIL OCTOBER 17, 1989 AYE: Phillips, Stockler, Thompson, Lamb, Marlar NAY: None MOTION: Carried 5-0 ITEM 6: REQUEST FOR COUNCIL AUTHORIZATION TO EXPEND $14,393.64 FOR THE PURPOSE OF RENEWING COMPREHENSIVE MUNICIPAL LIABILITY INSURANCE WITH THE OKLAHOMA MUNICIPAL ASSURANCE GROUP. Mr. Ray presented this to Council requesting the expenditure of $14,393.64 to renew our annual liability insurance policy stating this is one of the absolute best policies available for cities. This amount is a semi-annual payment. A motion was made by M. Thompson, seconded by J. Phillips, to authorize the expenditure as requested. AYE: Thompson, Phillips, Lamb, Stockler, Marlar NAY: None MOTION: Carried 5-0 . ITEM 7: REQUEST FOR APPROVAL OF THE WARRANTS. A motion was made by V. Stockler, seconded by J. Phillips, to approve the warrants as follows: (1) General Fund $22,526.98 (2) Ambulance Service Fund $24.70 (3) City Garage $1,792.53 (4) Revenue Bond Project Fund $1,853.15 (7) Revenue Sharing $567.90 (8j General Fund Payroll $63,689.24 and City Garage Payroll $2,629.21. AYE: Stockler, Phillips, Lamb, Thompson, Marlar NAY: None MOTION: Carried 5-0 ITEM 8: REQUEST FOR COUNCIL APPROVAL OF EXPENSES IN THE AMOUNT OF $270.00 INCURRED IN THE ABATEMENT OF A PUBLIC NUISANCE AND AUTHORIZATION FOR SUCH EXPENSES TO BE CHARGED TO ELIZABETH ANN BURKE DEMMETT. THE OWNER OF RECORD OF PROPERTY LOCATED AT 1407 NORTH ELM STREET, OWASSO. OKLAHOMA. Mr. Ray presented this item to Council requesting the approval of expenses incurred in the abatement process on the above property. 2 OWASSO CITY COUNCIL OCTOBER 17, 1989 A motion was made by S. Lamb, seconded by V. Stockler, to approve the expenses of $270.00 and authorized the expenses to be charged to the property owner of record. AYE: Lamb, Stockler, Phillips, Thompson, Marlar NAY: None MOTION: Carried 5-0 ITEM 9: REQUEST COUNCIL ACTION ON ORDINANCE NO. 408. AN ORDINANCE RELATING TO THE PROCESS OF ABATEMENT OF PROPERTY THAT MAY BE DETRIMENTAL TO THE HEALTH, BENEFIT AND WELFARE OF THE PUBLIC AND AMENDING PART 8• CHAPTER ONE• ARTICLE A• SECTION 8-104 AND 8-106 OF THE "OWASSO CODE OF ORDINANCES". Mr. Ray stated since 1987 we have utilized a process for our abatement of weeds and debris that was designed in the early 1960's and requires a series of notifications and renotifications. The current process requires Council action and each case must be placed on the agenda for individual action. With this process we can be required to wait as long as five weeks before the Council can act. Recent legislation has given cities the option of using a less time consuming process for these abatements and providing a better service to our citizens. The proposed ordinance places the responsibility for conducting abatement hearings with the City Manager rather than the City Council. This allows for hearings to be scheduled at times that do not necessarily match with Council meetings. The result is a savings of time and faster response to citizen complaints. In the metropolitan area only Tulsa and Owasso continue to use the Council process, all other cities have implemented the administrative hearing process. After discussion, a motion was made by M. Thompson, seconded by V. Stockler, to approve Ordinance No. 408. AYE: Thompson, Stockler, Phillips, Lamb, Marlar NAY: None MOTION: Carried 5-0 3 OWASSO CITY COUNCIL OCTOBER 17, 1989 ITEM 10: REQUEST FOR THE COUNCIL TO AUTHORIZE THE CITY MANAGER, OR HIS AGENT, TO ENTER INTO NEGOTIATIONS WITH THE PUBLIC SERVICE COMPANY OF OKLAHOMA FOR THE PURPOSE OF ESTABLISHING A MUTUALLY ACCEPTABLE FRANCHISE DOCUMENT TO PRESENT TO THE VOTERS OF OWASSO FOR THEIR APPROVAL. Mr. Ray stated the City of Owasso issued a twenty five year franchise to Public Service Company of Oklahoma on February 1, 1966. This franchise should be renewed, or addressed in some manner, prior to its expiration on Feb. 1, 1991. P.S.O. has notified the City of its desire to develop a new franchise agreement to be submitted to the voters for their approval. Mr. Ray recommended Council designate the City Manager or his agent to initiate discussion with P.S.O. and present a report no later than December 5, 1989 A motion was made by V. Stockier, seconded by J. Phillips, to designate the City Manager or his agent to negotiate with P.S.O. to establish an acceptable document to be presented to the voters. AYE: Stockier, Phillips, Lamb, Thompson, Marlar NAY: None MOTION: Carried 5-0 ITEM 11: REQUEST FOR THE COUNCIL TO ESTABLISH CERTAIN PARAMETERS OF NEGOTIATIONS FOR CITY REPRESENTATIVES IN THEIR DISCUSSIONS WITH PUBLIC SERVICE COMPANY OF OKLAHOMA REGARDING A NEW FRANCHISE PROPOSAL. Mr. Ray discussed parameters of negotiations with the Council and stated the two issues that are of long term importance to the City are t.1) the "most favored nations" clause and the (2) "Buy- out" clause. He stated that both are advantageous to the City and do not cause any harm to P.S.O. After discussion, a motion was made by J. Phillips, seconded by V. Stockier, to approve establishing the two issues as presented by the City Manager. AYE: Phillips, Stockier, Lamb, Thompson, Marlar NAY: None MOTION: Carried 5-0 4 OWASSO CITY COUNCIL OCTOBER i7, 1989 ITEM 12: REQUEST FOR COUNCIL ACTION ON ORDINANCE N0. 409. AN ORDINANCE AMENDING ORDINANCE N0. 355 (THE OWASSO ZONING CODE) AND REDUCING THE SIZE REQUIREMENTS OF PARKING SPACES IN OFF STREET PARKING AREAS. Mr. Ray stated this item was brought before the Council at the October 3, 1989 Council meeting by the Leo Eisenberg Company on behalf of the proposed Wal-Mart development on 86th Street North requesting this be put into Ordinance form. This request has been before the Owasso Board of Adjustment, the Owasso Planning Commission. Mr. Ray stated the City Attorney has prepared the Ordinance and Mr. Compton the City Planner has reviewed it. He recommended passage of the Ordinance. After discussion, a motion was made by M. Thompson, seconded by V. Stockier, to approve Ordinance No. 409. AYE: Thompson, Stockier, Phillips, Lamb, Marlar NAY: None MOTION: Carried 5-0 ITEM 13: REQUEST FOR COUNCIL ACTION ON BIDS RECEIVED FOR THE PURCHASE OF A COMPUTER FOR THE OFFICE OF CIVIL DEFENSE. Mr. Ray presented this item to Council stating bids have been received on the computer. Bids were received from the five following vendors: (1) Razorback Repair (Sperry) $3,241.55 (2) P.C. Designs (Broken Arrow) $3,162.00 (3) Datalink Electronics (Tulsa) $2,899.00 (4)Digimark (Tulsa) $2,753.00 and (5) Compuadd (Tulsa) $2,683.49. Staff has reviewed all the bids and Mr. Ray recommended awarding the contract to CompuAdd (low bidder) for $2,683.49 and funds necessary to make up the difference between the budgeted amount ($2,466.00) and the bid amount be taken from the other Civil Defense Capital Projects and no other funds be appropriated. A motion was made by M. Thompson, seconded by S. Lamb, to award the contract to CompuAdd in amount of $2,683.49 and take additional funds from other Civil Defense Capital Projects. AYE: Thompson, Lamb, Phillips. Stockier, Marlar NAY: None MOTION: Carried 5-0 5 OWASSO CITY COUNCIL OCTOBER 17, 1989 ITEM 14: REQUEST FOR COUNCIL ACTION ON BIDS RECEIVED FOR THE CONSTRUCTION OF AN ANIMAL CONTROL FACILITY. Mr. Ray asked for this item to be tabled until the November 7th meeting for staff to have additional time to review all bids. Mayor Marlar tabled this item as requested. ITEM 15: REQUEST FOR COUNCIL ACTION TO AWARD A CONTRACT TO BROADWAY CARPET IN THE AMOUNT OF $2 058.OQ FOR THE PURPOSE OF INSTALLING TILE FLOORING IN THE OWASSO RECREATION CENTER. Mr. Ray stated three bids were received as follows: (1) R & R Carpet and Title (Tulsa) (2) C & C Tile (Tulsa) $2,113.00 and (3) Broadway Carpet & Tile (Collinsville) $2,058.00. Staff recommends awarding the bid to the low bidder, Broadway Carpet and authorize the Mayor to enter into a contract in the amount of $2,058.00. A motion was made by V. Stockier, seconded by J. Phillips, to award a contract to Broadway Carpet in the amount of $2,058.00 as requested. AYE: Stockier, Phillips, Thompson, Lamb, Marlar NAY: None MOTION: Carried 5-0 At 8:21 p.m. the Mayor called a ten minutes recess. Meeting reconvened at 8:30 p.m. ITEM 16: REQUEST COUNCIL APPROVAL OF FINAL PLAT FOR "OWASSO PLAZA" (WAL-MART) AND ACCEPTANCE OF RELATED EASEMENTS. Mr. Compton presented this item to Council stating this site is 11.06 acres and will be platted under the new name Owasso Wal- Mart instead of Owasso Plaza because an existing shopping center carries the Owasso Plaza name. The plat has been reviewed by the Technical Advisory Committee and the Owasso Planning Commission. Mr. Compton stated the plat has been recommended for approval. He further stated all the conditions have been met. He recommended approving the final plat and accepting the related easements. 6 OWASSO CITY COUNCIL OCTOBER 17, 1989 A motion was made by J. Phillips, seconded by V. Stockler, to approve the final plat and accept the easements as requested. AYE: Phillips, Stockler, Thompson, Lamb, Marlar NAY: None MOTION: Carried 5-0 ITEM 23: (ADDENDUM TO AGENDA) REQUEST COUNCIL AUTHORIZATION FOR THE CITY ATTORNEY TO APPROVE JUDGEMENT OF FORECLOSURE IN U.S. VS. COLEE ET AL. CASE NO. 89-C-058-E U S DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA. Mr. Cates presented this item to Council as asked for authorization to approve judgement of foreclosure. A motion was made by M. Thompson, seconded by J. Phillips, to authorize the City Attorney to approve judgement of foreclosure in the above case as requested. AYE: Thompson, Phillips, Lamb, Stockler, Marlar NAY: None MOTION: Carried 5-0 ITEM 19: REPORT FROM CITY MANAGER. A written report was given to Councilmembers. ITEM 20: REPORT FROM CITY ATTORNEY. None ITEM 21: UNFINISHED BUSINESS FROM PREVIOUS MEETING. None ITEM 22: NEW BUSINESS. None 7 OWASSO CITY COUNCIL OCTOBER 17, 1989 ITEM 17: REQUEST FOR EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AGAINST THE CITY OF OWASSO IN THE MATTER OF HOLT VS. THE CITY OF OWASSO. A motion was made by M. Thompson, seconded by V. Stockier, to approve the request for an Executive Session. AYE: Thompson, Stockier, Lamb, Phillips, Marlar NAY: None MOTION: Carried 5-0 Meeting recessed into Executive Session at 8:35 p.m. and reconvened at 9:15 p.m. ITEM 18: REQUEST FOR COUNCIL ACTION TO APPROVE THE EMPLOYMENT OF THE PROFESSIONAL SERVICES OF MR. RONALD D. CATES TO REPRESENT THE CITY OF OWASSO IN THE MATTER OF HOLT VS. THE CITY OF OWASSO. ' A motion was made by M. Thompson, seconded by V. Stockier, to approve the employment of Mr. Cates in the matter of Hot vs. the City of Owasso. AYE: Thompson, Stockier, Phillips, Lamb, Marlar NAY: None MOTION: Carried 5-0 ITEM 18: ADJOURN. With there being no further business to be brought before the Council, Mayor Marlar asked for a motion to adjourn. 8 OWASSO CITY COUNCIL OCTOBER 17, 1989 A motion was made by J. Phillips, seconded by M. Thompson, to adjourn. AYE: Phillips, Thompson, Lamb, Stockier, Marlar NAY: None MOTION: Carried 5-0 Meeting was adjourned at 9:17 p.m. r_ ~'~Ci ~~ L' Zc,.i ~~ ~ %1J'~-~ti atricia Marl r, Ma or ne Buchanan, City Clerk 9