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HomeMy WebLinkAbout1986.09.16_City Council Minutes12~ OWASSO CITY COUNCIL SEPTEMBER 16, 1986 PAGE ONE On Tuesday, September 16, 1986 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, September 12, 1986. ITEM l: CALL TO ORDER. The meeting was called to order at 7:02 p.m. with Mayor Wood presiding. ITEM 2: FLAG SALUTE. The flag salute was led by Mayor Wood: ITEM 3: ROLL CALL. PRESENT: Kenneth M. Wood, Mayor Robert M. Peel, Vice Mayor Boyd M. Spencer, Councilman Von E. Stockler, Councilman Allen C. Sumpter, Counci]zr~an Dan D. Galloway, City Manager J. Douglas Mann, City Attorney Jane Buchanan, City Clerk ABSENT: None ITEM 4: CONSIDERATION TO APPROVE AND VC7I`E UPON THE MINU'T`ES OF SEPTEMBER 2, 1986. _____ A motion was made by B. Spencer, seconded by V. Stockler, to approve the minutes of September 2, 1986 by reference made a part hereto. Mr. Wayne Vincent asked that the minutes be corrected on Item 6 because he called for a point of order prior to R. Peel speaking and h'e was not reco~izied. He wishes the minutes to reflect this. Mayor Wood stated that he calls for corrmients from councilmen first on any item and then he calls for cort~ents from the audience and at that time Mr. Vincent was recognizied. A motion was again made by B. Spencer, seconded by V. Stockler, to approve the minutes of September 2, 1986 as submitted by reference made apart hereto. AYE: Messrs. Spencer, Stockler, Peel, Wood NAY: Mr. Sumpter MOTION: Carried 4-1 125 OWASSO CITY COUNCIL PAGE TWO SEPTEMBER 16, 1g 86 ITEM 5: CONSIDERATION TO APPROVE AND VOTE UPON THE WARRANTS. A motion was made by R. Peel, seconded by V. Stockler, to approve the warrants as submitted. AYE: Messrs. Peel, Stockler, Spencer, Sumpter, Wood NAY: None MOTION: Carried 5-0 R. Peel stated he would like to thank the City Manager for the signal light at 76th St. No. and Main. ITEM 6: CONSIDERATION TO APPROVE AND VdTE UPON THE 1986/1987 IAFF CONTRACT. D. Galloway stated the IAFF Union did accept the contract offered by the City. A motion was made by B. Spencer, seconded by V. Stockler, to approve the 1986/1887 IAFF Contract. AYE: Messrs. Spencer, Stockler, S~npter, Peel, Wood NAY: None MOTION: Carried 5-0 The contract was presented to the Mayor for his signature and then given to the City Clerk for keeping. ITEM 7: STATUS REPORT FOR THE MONTH OF JULY. Mr. Steve Jay of Lohrey & Jay reported to the Council that the status report is a good one. The City is progressing very well. The month of July has been completed except for a few minor reconciliations. The records are in good shape for the month of July. Mayor Wood asked how the year audit was progressing and when it would be completed. Mr. Jay stated they are half way thru and they are looking to be completed by the end of September. The report should be ready in the early part of October. ITEM 8: CONSIDERATION AND VOTE TO ACCEPT THE OFFER OF SETTLEMENT IIV THE BEN HYNUM LITAGATION AS REFLECTED IN THE SETTLEMENT DOCUMENTS PREPARED BY LEGAL COUNSEL. D. Mann reviewed this item with council. OML would like to settle this at this time. Council needs to sign the Dismissal. The City is not accepting any fault or wrong doing in the matter. There is no liability on the City. The insurance company is paying the settlement to avoid addi_dtional legal costs. 126 OWASSO CITY COUNCIL PAGE THREE SEPTEMBER 16, 1986 After discussion, a motion was made by B. Spencer, seconded by V. Stockler, to accept the offer of settlement as reflected in the settlement documents prepared by legal counsel. AYE: Messrs. Spencer, Stockler, Sumpter, Peel, Wood NAY: None MOTION: Carried 5-0 ITEM 18: REPORT FROM CITY ATTORNEY. No report at this time. Report will be given in Executive Session in regard to Items 21 and 22. ITEM g: CONSIDERATION TO APPROVE AND VdI'E UPON GRANTING PERMISSION TO THE OWASSO SOCCER CLUB TO INSTALL LIGHTS AT McCARTY PARK. D. Galloway stated that within the lease agreement we have with Tulsa County, permission to install lights must be given by the City before the Soccer Club and the County can proceed. They are in agreement but must have written permission from the City. After discussion, a motion was made by B. Spencer, seconded by A. Sumpter, to approve granting permission to the Owasso Soccer Club to install lights at McCarty Park. AYE: Messrs. Spencer, Sumpter, Steckler, Peel, Wood NAY: None MOTION: Carried 5-0 ITEM 10: CONSIDERATION TO APPROVE AND VdI'E UPON UTILITY EASEMENT ENCROACH- MENT. LOT 13, BLOCK 3, EL Rfi0 VISTA. BUILT TWO (2) FEET INTO EASEMENT. LOCATION BEING 11002 EAST 97th STREET NORTH. REQUEST OF CITY IS TO VACATE TWO (2) FEET OF EASEMENT AND ACCEPT A HOLD HARI`~ESS AGREED'fENT. The Applicant, David Acree, was present to present this to Council. Mayor Wood reviewed this item with Council stating this item has been tabled from a previous meeting until the City Attorney could review the documents. D. Mann stated that after reviewing the documents and discussing the situation with J. Dunlap, City Planner and receiving expect legal counsel from the real estate division of his law firm, he does not feel accepting a hold harmless agreement is in the best interest of the City. It serves no purpose what so ever from the City's stand point. After lenghty discussion, Mr. Acree asked that this item be tabled until the Oct. 7th meeting so that his attorney can visit with Mr. Mann and see if they can arrive at an acceptable document. 127 OWASSO CITY COUNCIL PAGE FOUR SEPTEMBER 16, 1986 ITEM 11: CONSIDERATION TO APPROVE AND VC7I`E UPON UTILITY EASEMENT ENCROACH- MENT. LoT 33, BLOCK 3, THREE LAKES III. BUILT TWO (2) FEEET INTO EASEMENT. LOCATION BEING 8921 NORTH 120th EAST AVE. REQUEST OF CITY TO ACCEPT A HOLD HARMLESS AGREEMEI~I'. The Applicant, James Beale of Beale Company Builders, was present to present this to Council. D. Mann reviewed this with Council also in line with Item 10. After discussion, Mr. Beale asked that this item be tabled until the Oct. 7th meeting. ITEM 12: CONSIDERATION TO APPROVE AND VOTE ON RESOLUTION N0. 86-10. A RE- SOLUTION DIRECTING FILING AND NOTIFICATION OF THE PUBLICATION OF THE SUPPLENIF~IV'I' TO THE OWASSO CITY CODE. D. Gallaway stated that the Code of Ordinances has been updated and this resolution needs to be passed as notification that this has been done. A motion was made by V. Stockler, seconded by B. Spencer, to approve Resolution No. 86-10 as submitted. AYE: Messrs. Stockler, Spencer, Peel, Sumpter, Wood NAY: None MOTION: Carried 5-0 ITEM 13: CONSIDERATION TO APPROVE AND VOI`E ON RESOLUTION N0. 86-11. A RESOLUTION REQUESTING THE OKLAHOMA STATE TRANSPORATION COMMISSION TO CONCUR IN SELECTING THE FOUR LANE PROJECT FOR 86th STREET NORTH AS A FEDERAL AID URBAN SYSTEM PROJECT. D. Galloway stated that on the last council agenda this item was discussed and he was directed to prepare this resolution so that it could be voted upon. This grant would be the four laning of 86th St. No. from Main to 12gth E. Ave. He stated Tuttle and Assoc. have assisted in the project b~ preparing an estimate that is needed at this time. The estimate is $900,000. R. Peel stated he would suggest we change the distance of four lane to run west past the football field and further east past the Jr. High school. D. Galloway stated the resolution could be amended to reflect the change. The funding would be 75% of the construction cost. The city would pay 25% of the construction cost plus the engineering costs and right-of-way costs. Mr. Danny Burd of Tuttle and Assoc. answered questions of council considering the project . 128 OWASSO CITY COUNCIL PAGE FIVE SEPTEMBER 16, 1g 86 After discussion, a motion was made by B. Spencer, seconded by R. Peel, to approve and adopt Resolution No. 86-11 with the requirerr~ent that Tuttle and Associates be the engineers, since they are working at the present time with no fees being charged to the City as per agreement with the City Manager. AYE: Messrs. Spencer, Peel, Sumpter, Stockler, Wood NAY: None MOTION: Carried 5-0 ITEM 14: CONSIDERATION TO APPROVE AND VOTE ON RESOLUTION N0. 86-12. A RESOLUTION REQUIRING ALL CONTRACTORS CONSTRUCTING BUILDINGS WITHIN THE CITY TO PROVIDE A CERTIFIED SURVEY AT FOdI'ING TO ASSURE NO ENCROACHMENT ON EASEMENTS. D. Galloway presented this item to Council, stating this has been a concern of council for same time. The draft resolution is submitted for council consideration. A number of local builders voiced their concern as to the cost to them plus the time delay in construction waiting to get a certified survey. After discussion, a motion was made by A. Sumpter, seconded by V. Stockler, to table this item until the Oct. 7th meeting so the City Inspector and staff can have a workshop meeting with the local builders to agree on the workable plan to submit to Council in resolution form. AYE: Messrs. Sumpter, Stockler, Spencer, Peel, Wood NAY: None MOTION: Carried 5-0 ITEM l5: CONSIDERATION TO APPROVE AND VOI`E TO AUTHORIZE. ADVERTISEMENT FOR SEALED COMPETITIVE BIDS FOR THREE (,3) NEW 1g 87 POLICE CARS . D. Galloway presented this request to Council. Three new police cars are in the budget..two are in general fund and one in the revenue sharing. After discussion, a motion was made by B. Spencer, seconded by A. Sumpter, to approve the advertisement for sealed competitive bids for three (3) new 1g 86 or 1887 police cars. AYE: Messrs. Spencer, Sumpter, Stockler, Peel, Wood NAY: None MOTION: Carried 5-0 129 OWASSO CITY COUNCIL PAGE SIX SEPTEMBER 16, 1986 ITEM 16: CONSIDERATION TO APPROVE AND VO'L`E ON A SCHEDULE TO HEAR, DIS- CUSS AND ESTABLISH FEES FOR THE AMBULANCE SUBSCRIPTION PROGRAM. D. Galloway presented this item to Council stated there is a need to look at increasing the rates charged for the city ambulance service. He re- commended to Council that times be set to discuss these rates. V. Stockier suggested that workshops be set up to discuss this item. A motion was made by V. Stockier, seconded by A. Sumpter, to have the City Manager set up two public workshops and bring to the Council recommendations at the Oct. 7th meeting for their consideration. A vote will then be taken at the Nov. 4th meeting. AYE: Messrs. Stockier, Sumpter, Spencer, Peel, Wood NAY: None MOTION: Carried 5-0 ITEM 17: REPORT FROM CITY MANAGER. No Report ITEM 19: UNFINISHED BUSINESS FROM PREVIOUS MEETING. B. Spencer asked for an explaination on the warrants for engineering costs on the signalization on 76th. D. Galloway stated this project was in the 1885-1986 budget. It will be paid out of the current years budget. He stated he would submit to Council a written report by the end of the week showing where this project will be paid out of this year's budget. B. Spencer also questioned the warrant for the signalization at 76th and Main and asked which line item it was in. D. Galloway stated it would come out of the Street Dept. for Operating Supplies. There was then general discussion on different signialzaton projects. ITEM 20: NEW BUSINESS. V. Stockier stated he has had many inquires on the need for sidewalks in different areas in the city, mainly by the high school. He asked Mr. Galloway to get for him the cost of laying sidewalks so he could have that information. ITEM 21: CONSIDERATION AND VOTE UPON REQUEST POR EXECUTNE ~E~SION TO DISCUSS THE TERMS OF THE 1986/1987 FOP CONTRACT. ITEM 22: CONSIDERATION AND VOTE UPON REQUEST FOR EXECUTIVE SESS3~N TO D~SGUSS THE FOP LAWSUIT WITH THE CITY ATTORNEY'. 130 OWASSO CITY COUNCIL PAGE SEVEN SEPTEMBER 16, 1986 D. Mann stated he has requested these two items to be placed on the agenda so that he may communicate with the Council to discuss these items. A motion was made by R. Peel, seconded by V. Stockler, to recess into executive session as requested. AYE: Messrs. Peel, Stockler, Sumpter, Spencer, Wood NAY: None MOTION: Carried 5-0 Meeting was recessed at 9:14 p.m. and reconvened at 10:06 p.m. ITEM 23: CONSIDERATION TO APPROVE AND VC7I`E UPON THE 1986/1987 FOP CONTRACT. V. Stockler made the following motion, seconded by R. Peel: On September 4, 1986, the City Attorney delievered to the F.O.P.'s lawyer a draft proposed contract and a list of 12 items still at issue in the negotiating process. On September 5, 1986, the City's negotiators met with the F.O.P.'s negotiators. At that meeting tentative agreement between the negotiators was reached on 2 of the 12 items at issue - items 1 and 11. At that meeting the F.O.P. requested arbitration of 6 items - items 2, 4, 7, 8, 9 and 10. Further at that meeting, the negotiators for the City agreed to submit 3 items to the City Council for further consideration - items 3, 5 and 12. Finally, at that meeting the F.O.P. negotiators agreed to submit 1 item - item 6 - to the F.O.P. for further consideration. Based on the foregoing, I move as follows: 1. That the City agree to all the terms of the draft agreement dated September 4, 1986, which includes items 1 and 11 of the issues stated in the City Attorney's letter of September 4, 1986; 2. That the City agree to the F.O.P.'s modification of said draft agreement with regard to issues 3 and 5; and 3. That items 2, 4, 6, 7, 8, g, 10 and 12 are unresolved and at impasse and should be referred to arbitration if so desired by the F.O.P. AYE: Messrs. Stockler, Peel, Spencer, Sumpter, Wood NAY: None MOTION: Carried 5-0 ITEM 24: CONSIDERATION TO APPROVE A~VD VOTE UPON DIRECTING THE CITY ATTORNEY TO DEFEND THE CITY COUNCIL MEMBERS IN THE FOP LAW SUIT. A motion was made by B. Spencer, seconded by V. Stockler, to approve the above item. AYE: Messrs. Spencer, Stockler, Sumpter, Peel, Wood NAY: None MO'T'ION: Carried 5-0 137 OWASSO CITY COUNCIL PAGE EIGHT SEPTEMBER 16, 1986 ITEM 25: VOTE TO ADJOURN. Mayor Wood called for a motion to adjourn. A motion was made by R. Peel, seconded by V. Stockler, to adjourn. AYE: Messrs. Peel, Stockler, SLanpter, Spencer, Wood NAY: None MOTION: Carried 5-0 The meeting adjourned at~ X10:10 p.m. ~CJ~ Kenneth M. Wood, Mayor Date Approved: ~~~/ ~ ~~BG J e Buchanan, City Clerk