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