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HomeMy WebLinkAbout1986.10.07_City Council Minutes131 OWASSO CITY COUNCIL PAGE ONE OCTOBER 7, 1986 On Tuesday, October 7, 1986 the Owasso City Council met in a regular session in the Council Chambers at the Corrnnunity Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, October 3, 1986. ITEM l: CALL TO ORDER. The meeting was called to order at 7:02 p.m. with Mayor Wood presiding. ITEM 2 : FLAG SALU'T'E . The flag salute was led by Mayor Wood. ITEM 3: ROLL CALL. PRESENT: Kenneth M. Wood, Mayor Robert M. Peel, Vice :`Mayor Allen C. Sumpter, Councilman Boyd M. Spencer, Councilman Von E. Stockler, Councilman Dan D. Galloway, City Manager J. Douglas Mann, City Attorney Jane Buchanan, City Clerk ABSEi~T' : None ITEM 4: CONSIDERATION TO APPROVE AP~iD VOTE UPON THE MINUTES OF SEPTEMBER 16, 1986. A motion was made by V. Stockler, seconded by A. Sumpter, to approve the minutes of September 16, 1986 by reference made apart hereto. AYE: Messrs. Stockler, Sumpter, Peel, Spencer, Wood NAY: None MdI'ION: Carried 5-0 ITEM 5: CONSIDERATION TO APPROVE AND V(7I`E UPON THE WARRANTS. B. Spencer stated he was concerned with the high bill oi' the City Attorney and he can't go along with it. The bill for one month of $4,567.86 is too much. He stated he can never remember as long as he has been on council that the bill has been this high or anywhere near this. In representing the people in his Ward he can't go for it and at this time he wouldlike to ask for the resignation of the Iaw firm of Rosenstein, Fist and Ringold. Mayor Wood stated that there was not an agenda item asking for the resignation of the law firm, but that he could voice his charges. At that point, B. Spencer itemized the charges within the billing that he thought was iri excess . 132 OWASSO CITY COUNCIL PAGE TWO OCTOBER 7, 1986 D. Mann replied to the charges stating he only charges the City for the time he actually spends. There are times when he must research some of the agenda items, resolutions and ordinances and he charges accordingly. He also stated the bill is in line with what was negotiated with Council at the time he was hired. He does not mind discussing his bill with anyone because he does not feel there is anything on the bill that is not in the best interest of city of Owasso. He stated he does not have to run up the bill on Owasso to put bread on the table, he has other clients he can bill also. He feels he has charged a reasonable fee in accordance with the agreement with the City. He also stated that he would agree that this month's bill was a large amount of money and he regrets the fact that the City had to spend that much on a attorney for a month to deal with City business. He appreciated Mr. Spencer's good faith concern about the bill. Mayor Wood concluded the discussion by stating that••~there were a large number of contract negotiations, ordinances, utility encroachments and ambulance research within the month, but other than the largeness of the invoice, he sees nothing out of line. B. Spencer stated that 44% of the budget amount for the legal department has already been spent and there will not be enough funds to carry out the remainder of the year. Mayor Wood suggested the City Manager and City Attorney review that budget item and see if they need to make additions or amendments. B. Spencer stated that budget item also includes the .Prosecuting Attorney and Judge and Court Clerk. With no further discussion, a motion was made by R. Peel, seconded by V. Stockler, to approve the warrants as submitted. AYE: Messrs. Peel, Stockler, Sumpter, Spencer, Wood NAY: None MOTION: Carried 5-0 ITEM 6: CONSIDERATION TO APPROVE AND VdI'E ON ORDINANCE N0. 358. AN ORDINANCE ANNEXING OWASSO PUBLIC WORKS AUTHORITY OWNED LAND SURROUNDING AND ADJACENT TO THE CITY SEWER PLANT AND LAGOONS. D. Galloway reviewed this with Council. He stated the Public Works Authority has expressed a desire to have this land annexed. He recommended to Council to approve the annexation. A motion was made by R. Peel, seconded by V. Stockler, to approve Ordinance No. 358 as submitted. AYE: Messrs. Peel, Stockler, Spencer, Sumpter, Wood NAY: None MO`T'ION: Carried 5-0 -~,. 133 OWASSO CITY COUNCIL PAGE THREE OCTOBER 7, 1986 ITEM 7: 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 S'I`ENIWALL WHEN THE BUILDINGS ARE PLOTTED LESS THAN TEN FEET FROM UTILITY EASEMF,N'I'S . D. Galloway reviewed this with Council stating the Building Inspector and himself met with local builders in a workshop meeting at City Hall to discuss this item and reviewed the subdivision plats within the City. They found that approximately one out of every seven lots have easements that could possibly create a problem that would require a certified survey. The responsibilty of placing the house on the lot correctly is the builder's, but seeing some need to help regulate this is a protection not only to the builder but also the homebuyer. As a result of the workshop and discussions, the above resolution has been prepared. Mr. Jim Beale spoke representing, he felt, theimajority of the local builders. He stated they were as interested in the City as the Council and they were comfortable with the resolution and felt they could live with it. After discussion, a motion was made by R. Peel, seconded by V. Stockier, to approve Resolution No. 86-12 as submitted. AYE: Messrs. Peel, Stockier, Sumpter, Spencer, Wood NAY: None MOTION: Carried 5-0 ITEM 18: CONSIDERATION TO APPROVE AND VOTE UPON UTILITY EASEMENT ENCROACHMENT. LOT 13, BLOCK 3, EL RIO VISTA. BUILT TWO (2) FEET INTO EASEMENT. LOCATION BEING 11002 EAST 97th STREET NORTH. (ADDENDUM TO AGENDA) The applicant's attorney, Mr. Dean Smith, presented this request to Council. He stated the document that the Council reviewed at their previous meeting entitled "Partial Vacation of Easement" has been accepted by all utility companies involved and the last approval that is needed is the Council's. He also stated that he has discussed this at length with Mr. Mann and the laws have been reviewed. The document also includes a "Hold Harmless Clause" for the City's benefit. Mr. Mann stated that after reviewing the situation with Mr. Smith and seeing that it is needed only to satisfy a title requirement in a home re-finance situation. It is not a lawful instrument that will affect this easement since only District Court can truly vacate an easement. When Council signs this document, Mr. Mann stated in his opinion, the Council has not vacated any portion of the easement nor created any additional obligations, but are only do=-, ing a. favor for Mr. Acree in allowing him to obtain re-financing. A citizen, Mr._C1iff Harper of 312 North Ash, voiced his objection to the approval of this vacation. He had asked to build a carport over a vacate 134 OWASSO CITY COUNCIL PAGE FOUR OCTOBER 7, 1986 easement and it was denied. He does not feel the City should be in the business of approving easement vacations as a favor to someone. After discussion, a motion was made by V. Stockler, seconded by R. Peel, to approval the Par:~.ia1__Vacation of Easement with the Hold Harmless Clause as submitted by the applicant. AYE: Messrs. Stockler, Peel, Sumpter, Wood NAY: Mr. Spencer MdI'ION: Carried 4-1 ITEM 8: CONSIDERATION TO APPROVE. AND VdI'E UPON THE USE OF CONTINGENCY FUND ACCOUNT IN GENERAL GOVERNMENT BUDGET TO PURCHASE EIGHT (8) SELF- CONTAINED BREATHING APPARATUS FOR THE FIRE DEPARTMENT. D. Galloway reviewed this with Council stating there is a need in the Fire Department for the breathing apparatus' to be replaced. He has visited with Chief Allen on the situation. After reviewing the current budget, Mr. Galloway stated there are funds in Capital Accounts No. 304 in General Government. There is $18,400.00 budgeted in this account. He recorrmiended to Council to approve transferring $10,440.00 to the Fire Department for the purchase of these items. He also stated the bid that was received in January, 1986 was for $10,2440.00 from 0 K Fire Protection Company. This m°~°~ company has stated they would sell to the City at the bid price. B. Spencer asked to address Chief Allen of the Fire Department. He questioned Chief Allen on a number of items concerning the needed air-packs. Mayor Wood surrm~arized the events that lead to the lack of purchasing during the spring and summer of 1986, when the City was reviewing budget and expendures closely to determine the status of the City's finance. After discussion, a motion was made by R. Peel, seconded by V. Mockler, to transfer $10,2440.00 to the Fire Department. AYE: Messrs. Peel, Stockler, SL~pter, Spencer, Wood NAY: None MOTION: Carried 5-0 ITEM 9: CONSIDERATION TO APPROVE AND VOTE UPON ACCEPTING THE BID FOR EIGHT (8) SELF-CONTAINED BREATHING APPARATUS AND TANKS FROM O.K. FIRE PROTECTION COMPANY AND DECLARING THI'S AN EMERGENCY PURCHASE. A motion was made by R. Peel, seconded by A. Sumpter, to purchase the above mentioned items and declare this an emergency purchase. AYE: Messrs. Peel, Sumpter, Spencer, Stockler, Wood NAY: None MOTION: Carried 5-0 135 OWASSO CITY COUNCIL PAGE FIVE OCTOBER 7, 1986 ITEM 10: CONSIDERATION AND VOTE UPON REQUEST FOR EXECU~'IVE SESSION TO DISCUSS THE TERMS OF THE 1986/1987 F.O.P. CONTRACT. D. Galloway stated he had been negotiating the contract and has requested an Executive Session to discuss several items with Council. A motion was made by V. Stockier, seconded by A. Sumpter, to recess into Executive Session. AYE: Messrs. Stockier, Sumpter, Spencer, Peel, Wood NAY: None MOTION: Carried 5-0 Meeting recessed at 7:58 p.m. and reconvened at 8:45 p.m. ITEM 11: CONSIDERATION TO APPROVE AND VOTE UPON THE 1986/1987 F.O.P. CONTRACT. Mayor Wood stated there will be no action taken on this item at this time. ITEM 12: REPORT FROM CITY MANAGER. (1) Distribution of Information on Ambulance Subscription Program. D. Galloway passed out material to Council for their consideration. Work- shops were held and the attendence was small due to the weather at the time. Two additional workshops will be held. A surrmlary will be updated. Council will vote on this item at the November 4, 1986 meeting. (2) Report of Status of Preparation of Plans and Procedures for Addressing Delinquent Sales Tax. D. Galloway stated that he would like to make Council aware that legislation in recent years has given cities the ability to assist the Oklahoma Tax Commission in collecting deliquent sales tax from businesses. The Corrm~ission has made available to cities delinquent accounts. It is highly confindential. Mr. Galloway suggested to Council that we look at our ability to exercise some of these options in collecting taxes. The City of Tulsa has made a procedure available to other cities has to how they are collecting these taxes. After the City Attorney has reviewed this information, Mr. Galloway will address Council on their desires to proceed. Mr. Galloway is planning on having this item on the October 21, 1986 agenda as an Executive Session. B. Spencer stated he did not appreciate receiving the information that was given him concerning the names of businesses that were delinquent in their taxes. Mayor Wood stated that the City Attorney, City Manager and all councilmembers are entitled to confidential matters and materials and treat them with l36 OWASSO CITY COUNCIL PAGE SIX OCTOBER 7, 1886 upmost respect at all times. He also stated his personal opinion is that taxes are due when taxes are due and that the city should obtain their just part of these taxes. ITEM 13: REPORT FROM CITY ATTORNEY. D. Mann reported to Council that a lawsuit has been received by the City from Faye L. Smith. This matter has been turned over to OML and they will appoint an attorney to represent the City. ITEM 14: UNFINISHED BUSINESS FROM PREVIOUS MEETING. (1) B. Peel brought up the intersection of 16th Street and Ash, asking for an additional school crossing sign for the traffic going east. He also stated he would like the ditch at Main behind First Bank faxed with railroad ties for safety. He also asked for the City Manager to get him a quote on four-laning 86th Street as was previously discussed. (2) Wayne Vincent asked for a completion date on the street stripping on 122nd East Ave. These are cross-walks that need to be painted. Ralph Griffi~,:Department Head of the Streets & Parks, stated the cross- walks would be completed within the week. ITEM 15: NEW BUSINESS. (1) B. Spencer referenced the Memo from Chief Baker that was delevered to the Councilmembers and he wished to state that he was behind the Chief one hundred precent and that he would like to sit down and talk to hits about some of the items in the memo that referred to the Council. He also stated that he would like to sit down and talk with Chief Allen. (2) Allen Lambert, 1001 N. Elrx~, brought before Council the drainage pxob..le~ that is between 76th Street North and 86th Street North running along the service road. He wishes the Council to address this utter and see if something could be done. (3) Ray Bingham came forward to address the Council on the re-surfacing of some of the city streets. He is concerned that it is not being done properly and wishes the Council to share his concern. Mayor Wood asked the City Manager to look into both of these situations and bring reports back to Council ~.; __ ___. - 137 OWASSO CITY COUNCIL PAGE SEVEN OCTOBER 7, 1986 ITEM 16: REQtTEST TO ADDRESS COUNCIL ON SEVEN ITEMS. PAT MARLAR Mrs. Marlar was unable to attend and asked that this item be tabled at this time. ITEM 17: VOTE TO ALkTOURN. A motion was made by R. Peel, seconded by V. Stockler, to adjourn. AYE: Messrs. Peel, Stockler, Sumpter, Spencer, Wood NAY: None MOTION: Carried 5-0 Meeting was adjourned at 9:30 p.m. L Kenne h M. Wood, Mayor :/ e Buchanan, City Clerk Date Approved t