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HomeMy WebLinkAbout1984.04.05_City Council Minutes43 On Thursday, April 5, 1984, the Owasso City Council met in a special session in the Council Chambers at City Hall per the Notice of Public Hearing and Agenda posted on City Hall bulletin board at 8:06 p.m, on April 3, 1984. ITEM 1: CALL TO ORDER The meeting was called to order at 8:07 p.m, with Mayor Spencer presiding. ITEM 2: FLAG SALUTE Flag salute was led by Mayor Spencer. ITEM 3: ROLL CALL PRESENT: Boyd Spencer, Mayor Von Stockler, Councilman James Smalley, Councilman Ben Hynum, City Manager Ron Cates, City Attorney Ann Hendrickson, City Clerk ABSEIZT: Phyllis Capshaw, Councilwoman Wauhilleau Webb, Councilwoman ITEM 4: CONSIDERATION OF APPROVAL OF MINUTES OF ~~IA.RCH 20, 1984. Motion was made by Mayor Spencer, seconded by James Smalley, to approve the minutes of March 20, 1984, by reference made a part hereof. AYE: P~7essrs. Spencer, Stockler, Smalley NAY: None Motion carried ITEM 5: BUSINESS A. CLARIFICATION OF COUNCILWOMAN WEBB'5 COMMENT REGARDING MR. SOKOLOSKY AT THE MARCH 20 COUNCIL MEETING. Mr. Hynum said that he had been asked by Mrs. Webb to speak in her behalf. He said Mrs. Webb wished to state that she meant to say that the Council had "been accused" of giving preferential treatment to Mr. Sokolosky, not the Council "had given" pre~eren- tial treatment to Mr. Sokolosky. B. CONSIDERATION OF APPROVAL OF PETITION FOR ANNEXATION/ SOKOLOSKY-WILLIAMS REQUEST TO ANNEX 60 ACRES LOCATED NORTHEAST OF THE NORTHEAST CORNER OF SECTION 2 TOWN- SHIP 21 NORTH, RANGE 14 EAST. ~~ OWASSO CIT-Y COUNCIL PAGE TWO APRIL 5, 1984 The City Planner stated that the Planning Commission had reviewed the matter and recommended approval of the annexation, saying the area was a logical extension of Owasso's growth. Mr. Smalley asked how tTie implications relating to sewer problems would be affected by the proposed annexation. T•Ir. Hynum said as long as the area considered is not a rural area, it shouldn't make the sewer prob- lem any worse. Mr. Spencer said that from his communications with people involved in the sewer problem, he felt as long as the City was working on solving the problem, a moratorium would not be put into effect. Mr. Smalley asked Mr. Sokolosky about his timetable for development. Mr. Sokolosky~said the project would be in done in several phases: and the first phase would probably be ready for actual- building in late fall. Mr. Hynum said that hopefully the City would be put on a priority list in June for funding for the waste- water treatment facility and funding could be received shortly after October 1. If that occurs, the facility could be completed in the fall of 1985. T~otion was made by Mayor Spencer, seconded by Von Stockler, to approve the annexation petition covering 60 acres located north- east of the northeast corner of Section 28, Township 21 North, Range 14 East. AYE: T~Iessrs. Spencer, Stockler, Smalley T1AY : T1one Motion carried. C. CONSIDERATION FOR AUTHORIZATION TO GIVE 30 DAY NOTLCE TO NITTA FOR CAi1CELLATION OF CONTRACT. The City Treasurer presented figures to the Counci the City was still having to subsidize the cost of Mrs. Jean Webb spoke on behalf of citizens who had bus and expressed her appreciation to the City for ness to give the bus service the 90 day extension. native measures were being considered in which the tinue to run. L indicating that the bus service. been riding the their willing- She said alter- bus might con- Motion yeas made by James Smalley, seconded by Von Stoclcler,•to give 30 day notice to MTTA for cancellation of contract. AYE: T~Iessrs. Spencer, Stockler, Smalley TJAY : None Motion carried. D. CONSIDERATION OF AUTHUP.IZATION OF I~1COG TO DESIGNATE NEW CITY WARD BOUT1llARIE S . T~Zayor Spencer said that INCOG had done a good job on previous ward boundary changes. He said the Council would need to review the proposed ward boundary changes carefully with the City Planner 45 OWASSO CITY COUNCIL PAGE THREE APRIL 5, 1934 and the City Attorney. The City Attorney stated that a 30 day publication requirement would have to be met. Mayor Spencer stated that a 2/3 majority would be needed to approve the proposed changes. Motion Baas made by Von Stockler, seconded by Mayor Spencer to authorize INCOG to prepare a proposal for designation of new City ward boundaries. AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. E. CONSIDER.ATIOTd OF AMENDMENTS TO ORDITdANCE ~~175, THE OWASSO ZONITIG CODE . The City Planner stated that the Planning; Commission had recommended approval of the changes presented in the zoning code revision. She suggested the Council take two meetings to discuss the code amend- ments and review the Zoning r1ap. She said the City Attorney had also reviewed the final draft and his recommendations are included in the Council packet. Motion was made by Mayor Spencer, seconded by Von Stockler, to approve the amendments to Ordinance ~~175, the Owasso Zoning Code. ~~YE: Messrs. Spencer, Stockler, Smalley NAY: None T~otion carried. F. CONSIDERATION OF REQUEST FOR CITY OF OWASSO TO JOINTLY PARTICIPATE WITH COMMUNITY GROUPS IN fiHE CONDUCT OF A FIREWORKS DISPLAY FOR THE CITIZENS OF OWASSO fi0 BE HELD ON JULY 3, 1984, AND APPROVAL OF EXPENDITURE OF 1,250 FOR EXPENSES OF SAME. The City Attorney stated that if the City of Owasso for the benefit of the public seeks to be a joint participant in the project, the funds may be utilized in-that fashion, presuming that all the public is invited. Tyr. Rick Mahar spoke on behalf of the Chamber of Commerce and encouraged the City's participation in the July 3 fireworks display. T~Iotion was made by James Smalley, seconded by Von Stockler, to authorize the City of Owasso td jointly participate with the Owasso Chamber of Commerce in the conduct of a fireworks display for all citizens of Owasso and to approve expenditure of $1,250 for expenses of same. 46 OWASSO CITY COUNCIL PAGE FOUR APRIL 5, 1984 AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. G. CONSIDERATION OF REQUEST FOR WAIVER OF PLAT REQUIREMENT FOR CONSTRUCTION OF A TRICKLE CHANNEL IN LAKERIDGE SUB- DIVISION FOR 120 DAYS. Mr. Bob Pruitt of Al C. Young and Associates stated that due to rainy weather, the contractor had been unable to install the trickle channel in the first phase of Lakeridge and they are asking for the waiver so that building permits can be obtained. He said a letter of credit has been presented in the amount of $36,000. The City Attorney stated that the .letter os credit did not give a date for completion of the trickle channel and it's expiration date was one day before the end of the waiver period. He said a letter was requested and received from Jerry Enterline stating that the completion date of the channel shall be on or before July 17, 1984. T~otion was made by Mayor Spencer, seconded by Von Stockler, to approve the request for waiver of plat requirement for constuc- tion of a trickle channel in Lakeridge subdivision until July 17, 1984. AYE: Messrs. Spencer, Stockler, Smalley NAY: None T~otion carried. H. CONSIDERATION OF AUTHORIZATION OF MAYOR TO EXECUTE ACCEP- TANCE OF COl~L^~IUNITY DEVELOPMENT BLOCK GRANT ADIZINISTERED BY DEPT. OF ECONOMIC COMMUNITY AFFAIRS, STATE OF OKLAHOMA Mr. Spencer read aloud a letter from DECA offering the City a Community Development Block Grant. Mr. Smalley asked how it would be determined which houses would be rehabilitated and which water lines would be replaced. Mr. Hynurn said INCOG had informed him that there was an area in Owasso that would qualify as a target area for the CDBG program. He said he then informed the Council and was instructed to apply for the grant. He said that if the grant is accepted, the City will advertise for applications to be submitted by people in the target area whose total family income does not exceed $x.1,600 per year. Then those applications will be studied and the houses inspected by whoever the Council might designate, perhaps an advisory board. He said the money for rehabilitation is not necessairily divided equally between the houses that are accepted. He said the target area is from 2nd St. N, to 2nd Ave and from Elm to the railroad tracks. 47 OWASSO CITY COUNCIL PAGE FIVE APRIL 5, 1984 Mayor Spencer asked if DECA was aware that a previously awarded grant had never been completed. Mr. Hynum stated that he was sure the project had been written off because DECA does not accept applications for a grant if there are other grants that have not been either completed or written off. Mr. Spencer said he had never seen the original application or cover letter for the proposed grant and asked Mr. Hynum if he had them. Mr. Hynum said that INCOG had handled the application. He said he signed a letter which the Council received a copy o-f making a statement :of needs .and asking for consideration. Mr, Smalley_ asked that the Council receive clarification on the status of the previous grant before. authorizing acceptance of the new grant. The City Planner suggested that Mr. Andy Armstrong of INCOG could probably appear before the Council and answer any questions. T~Iayor Spencer asked that this item be placed on the April 17 agenda for further consideration and stated that he wanted to see the original application and cover letter. I. CONSIDERATION OF REQUEST FOR APPROVAL OF PAYMENT OF $3,384.60 TO DOCTOR S MEDICAL CLINIC, INC. FROM REVENUE SHARING CAPITAL IMPROVEMENTS FUND. The City Attorney stated that all necessary warranty deeds had been received as well as the perpetual easements to the North 40' of Lot 2, Block 1, Owasso Business Park which means that the South 100' of Lot 1, Block 1, Owasso Business Park. is now owned by the City of Owasso. Mayor Spencer stated that Harold Charney should receive credit for his part in making this purchase possible. Motion was made by James Smalley, seconded by Von Stockier, to approve payment of $3,384.60 to Doctor`s Medical Clinic, Inc. from revenue sharing capital improvements fund. AYE: Messrs. Spencer, Stockier, Smalley NAY: None Motion carried. J. DISCUSSION AND CONSIDERATION OF PRICE TO BE CHARGED FOR COPIES OF THE OWASSO CITY CODE. Mayor Spencer asked what the copies had cost the City. The City Clerk said about $185 each, Motion was made by Mayor Spencer to charge $185 for copies of the Owasso City Code. The City Clerk stated that part of the $185 figure was for the cost of the recodification process and not for the cost of printing the books, She further stated that copies of the Code could be obtained from a local print shop for $37.50 each. She said that two copies are available at the library, one reference copy and one that can be checked out. 48 OWASSO CITY COUNCIL PAGE SIX APRIL 5, 1984 Mayor Spencer's motion died for lack of second. Motion was made by James Smalley, seconded by Von Stockler to sell copies of the Owasso City Code for $50 each. AYE: Messrs. Stockler, Smalley NAY: Mr. Spencer Motion carried. K. CONSIDERATION OF APPOINTMENT OF JINI LINDSEY AS CITY NEGOTIATOR FOR FIRE AND POLICE NEGOTIATIONS. Mayor Spencer stated that he felt there was dissatisfaction about how things were done during the last negotiations, particularly regarding comrilunications. Motion was made by Mayor Spencer, seconded by Von Stockler to deny the appointment of Jim Lindsey as City negotiator for fire and police negotiations and appoint the City Attorney,' Ron Cates, as the negotiator. Tyr. Stockler said he seconded the motion because he agrees with Mayor Spencer's statement regarding previous negotiations and that he was disappointed about how the negotiations were handled. AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. L. CONSIDERATION OF REQUEST FOR APPOINTMENT OF ALTERNATE JUDGE TO SERVE AS ACTING JUDGE OF THE MUNICIPAL COURT OF THE CITY OF OWASSO, OKLAHOMA. The City Attorney referenced the Judge's letter to the Council and stated that the action taken previously appointing the alternate judge was not done by ordinance as was previously re- quired. He said this action can now be done in the form of a motion.by the Council. Mayor Spencer asked if the City would be paying the Judge and the Alternate Judge when the Alternate Judge is called to preside in court. The City Clerk stated that the Judge had said he no longer wished the Council to consider paying the alternate judge, but was concerned about clarifica- tion on Jack Carton serving as alternate judge. The City Attorney stated that if the Council is going tab appoint an alternate judge, what compensation, if any, that person will receive for,service and the source of that compensation should be decided prior to him serving. He further stated that if the Council- wished to consider a change in the compensation of the judge, it should not be done at this time, but that the Council could approve the 49 OWASSO CITY COUNCIL PAGE SEVEN APRIL 5, 1984 appointment tonight and continue the matter of compensation to another meeting. Motion was made to appoint Jack Canon as alternate judge to serve as acting judge of the Municipal Court of the City of Owasso. AYE: T~7essrs. Spencer, Stockier, Smalley T1AY : None Motion carried. M. CONSIDERATION OF DECLARAT--ION OF CERTAIN PROPERTY OF THE CITY OF OWASSO TO BE SURPLUS OR OBSOLETE AND AUTHORIZATION TO CONDUCT AUCTION FOR SAME. Mr. Smalley asked about the condition of the IBM typewriters. Mr. Hyrum said they were very old and in very bad condition. He.asked that the bolt cutters be removed from the list as they can be used by the Fire Department and the sander be removed and sent to the City Garage. Motion was made by James Smalley, seconded by Von Stockier to declare the lists of property presented to be surplus or- obsolete. AYE: Messrs,. Spencer, Stockier, Smalley NAY: None Motion carried Motion was made by James Smalley, seconded by Mayor Spencer, to conduct an auction for sale of the items declared surplus or obsolete. AYE: Messrs. Spencer, Stockier, Smalley T1AY : None Motion carried. N. CONSIDERATION OF APPROVAL OF COUNCIL/DEPARTMENT HEAD BUDGET RT+.TRFAT Mr. Hyrum said the department heads are working on .the budgets at this time and he would like the Council to consider meeting at Western IIil1s Lodge the evening of T-lay 4 and morning of May 5 for discussion and evaluation of the proposed 1984-85 budget. He said there are sufficient funds available in the City rlanager's budget to cover the expense. Mr. Smalley said Tie thought it was a good idea, but would there be sufficient time to have all the information ready to present. Mr. Hyrum said the department heads 50 OWASSO CITY COUNCIL PAGE EIGHT APRIL 5, 1984 would be meeting weekly until then in order to be ready to present their individual budgets. He said an agenda would be posted for-the meeting and the press would be invited to attend. Mayor Spencer asked if that would meet requirements of the Open Meeting Act. Mr. Cates said public notice would have to be given for a special meeting. He said the Open Meeting Act states that meetings should be held at times and places that are convenient to the public and he would like to get clarification concerning the place the meeting would be held. Item was passed to the April 17 agenda. 6. REPORT FROM CITY ATTORNEY The City Attorney requested to be excused from the April 17 meeting as he would not be bacl: from the National Institute of Municipal Law Officers meeting until late that night. Mr. Cates asked the Council if they would want to retain a court reporter for the upcoming Personnel Board hearing. He said that if a decision was appealed, a transcript would be desirable as the District Court would be limited to reference to the record, which would be either a transcription or the secretary's notes. T•Zr. Hynum said he did not feel a court reporter was needed as it was simply a matter of the Personnel Board making a recommen- dation_to the City 1`4anager.and it was doubtful if either case would actually be heard. .Mayor Spencer said he definitely wanted the City Attorney to be present. T•ir. Cates said instead of having a court reporter, the meeting could be taped. Mr. Smalley asked that the City Clerk attend and tape the meeting. 7. REPORT FROT•T CITY MANAGER Mr. Hynum said he had received a r-eport from the Dept, of Trans- portation regarding the survey on signalization in which they concurred with the need for signalization at the intersection of Highway 169 and 76th St. North. 3. NEW BUSINESS Mayor Spencer stated that he had Manager of Bixby and he was very particularly the lagoon system. Mayor Spencer asked that p.m, on April 26, 1984, sewer improvements. visited with Fred Keas, City impressed with their operations, a special meeting be called at 1:00 for opening of bids on the water and ANN HENDRICKSON, CITY CLERK