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HomeMy WebLinkAbout1982.07.06_City Council MinutesOn Tuesday, July 6, 1982, the Owasso City Council met in regular session in the Council Chambers at City Hall per the Notice of Public Hearing and Agek.da Hosted on City Hall bulletin board at 4:00 p.m, on July 3, 1982, ar~d by reference is made a Hart hereof. ITEM l: CALL TO ORDER The meeting was called to order at 7:00 P.r-7, with Mayor Spencer presiding. ITEM 2: FLAG SALUTE Flag salute was led by Mayor Spencer. ITEM 3: ROLL CALL PRESENT: Boyd Spencer, Mayor Wauhilleau [Jebb, Vice Mayor Jim Smalley, Councilman Von Stockler, Councilman Phyllis Gross, Councilwoman Ron Cates, City Attorney Dale Block, City Manager Ann Hendrickson, City Clerk ABSENT: None ITEM 4: APPROVE ~1INUTES OF SPECIAL SESSIONS OF OWASSO CITY COUNCIL JUNE 17, JUNE 22, AND JUNE 29, 1982. Wauhilleau Webb stated that the time of recess to go into Exec~„tive Session in the minutes of the June 17 Special Session should read 5:35 p.m, instead of 6:35 p.m. iwlotion was made by Wauhilleau Webb, seconded by Von Stockler, to approve minutes of Special Sessions of June 17, June 22, and June 29, 19$2, with the correction as stated above. AYES: Messrs. Spencer, Smalley and Stockler; Mesdames Gross and Webb. NAYS: None Motion carried. ITEM 5: APPROVE MINUTES OF REGULAR CITY COUNCIL MEETING ON JUNE 15, 1982. Motion was made by Wauhilleau Webb, seconded by James Smalley to approve minutes of June 15, 1982. AYES: Messrs. Spencer, Smalley and Stockler; :Zesdames Gross and Webb. NAYS: None T2otion carried. OWASSO CITY COUNCIL PAGE TWO JULY 6, T982 ITE1"I 6: SWEARING IN OF ANN HENDRICKSON AS NEW CITY CLERK Mr. Ron Cates, City Attorney, administered the Oath of Office to Ann Hendrickson, Owasso City Clerk/Court Clerk. ITEM 7: PUBLIC HEARINGS There were no public hearings, but Mr. Block stated that since weed abatement notices were mailed, he expects that there will be hearings on these in the next meetings. He stated that weed abatement is particularly a problem in the summer. There are many open areas in the city limits that are potential dangers to citizens if not properly mown. ITEM 8: BUSINESS A. APPOINTMENTS TO OWASSO INDUSTRIAL AUTHORITY. Mayor Spencer stated that three members of the Owasso Industrial Authority have recently resigned; Mr. Ken Thompson, Mr. Bob Fugate, and Mr. Ron Griffen. Mr. Thompson and Mr. Fugate took jobs out of the city and Mr. Griffen's new position at Liberty Bank of Owasso disqualifies him as a member of the O.I,A. Mrs. Gross nominated Mr. Dale Block and Mr. Lee Dawson. Mr. Spencer nominated Mr. Sam Ashley. Mrs. Gross asked if Mr. Ashley was currently serving on a board. Motion was made by Mrs. Gross, seconded by Mr. Smalley, to appoint Mr. Dale Block to replace Mr. Ken Thompson; Mr. Lee Dawson to replace Mr. Bob Fugate, and Mr. Sam Ashley to replace Mr. Ron Griffen, subject to Mr. Ashley not being a current member of another city board. AYES: Messrs. Spencer, Smalley and Stockier; Mesdames Gross and Webb. NAYS: None Motion carried. B. CONSIDERATION OF EXECUTION OF AGREEMENT FOR ADMINI- STRATION OF SALES TAX - OKLAHOMA TAX COMMISSION Mr. Block explained the agreement and asked for comments from :Zr. Cates. Mr. Cates observed that the Oklahoma Tax Commission is using an old form. Tax collection will be administered only in accordance with state statute. If state determines that something cannot be taxed, the municipality cannot tax it. The city is giving up monthly tax deposits and if tax is paid under protest, it is not deposited in your account as it is being litigated, it is deposited in the state treasury. If the council desires to challenge, on basis of it interfering with home rule powers, execu- w tion of this agreement could be a waiver of that complaint. Mr. Cates had objection to the phrase "for an agreed consideration" and suggested that prior to execution of this agreement, the phrase be marked through. OWASSO CITY COUNCIL PAGE THREE JULY 6, 1982 Motion was made by Wauhilleau Webb to approve the execution of the Agreement for Administration of Sales Tax with the amendment in the third paragraph deleting the phrase "for an agreed consideration" per Mr. Cates' recommendation. Motion was seconded by Mr. Smalley. AYE: MESSRS. Spencer, Smalley and Stockler; Mesdames Gross and Webb. NAY: None Motion carried. C. CONSIDERATION OF EXECUTION OF AGREEMENT RELATING TO MUNICIPAL STREET LIGHTING CONTRACT - PUBLIC SERVICE CO. T'Ir. Block stated that in the past Public Service Company gave the city a 40% reduction for payment in advance. The Corporation Commis- sion determined that the discount is no longer required and will be phased out over a four year period. This will add 10% to our electric bills over and above any rate increase. Mr. Cates stated that he looked into the relationship =.aith Public Service Company according to the franchise agreement made in 1966. The agreement says Public Service Company of Oklahoma can increase rates with the approval of the Corporation Commission. Mr. Cates noted that in the fran- chise agreement there is the phrase "promise to diligently pursue any failures" and that this phrase is not in the current agreement. It is his opinion that the Council should hold P.S.O. to the franchise agreement. Mr. Cates offered to contact the attorney for P.S.O. for clarification of the agreement. Considex'ation of the execution of agreement relating to municipal street lighting contract - Public Service Company of Oklahoma was passed to the July 20 agenda. D. REQUEST FOR VACATION OF UTILITY EASEMENT-LOUIS LEVY FOR DALE %JILLIAMS: LOT 1, BLOCK 1, OWASSO BUSINESS PARK. Carol Dickey, Owasso City Planner stated that the Planning Commission reviewed this request at the last meeting. It involves removing a 20' utility easement that runs along the north end of Lot 1, Block 1. The Planning Commission recommended that that portion of the ease- ment running east and west, lying between the left and right sides of the lot be vacated. Mr. Levy has sold a portion of Lot 1 to Mr. Williams and a lot split would be required before any kind of building could take place. Mr. Spencer asked how much of the lot was sold. Ms. Dickey stated that the North 40' of Lot 1, Block L was sold making the size of the lot approximately 100' x 112'. This is the lot that was to be sold to the city for parking facilities. Mr. Spencer said that he did not object to removing the 20' but he does object to T•1r. Levy selling part of the lot which was promised to the city. Mr. Spencer felt the Council should hold Levy to the agreement. Mrs. Dickey said that Mr. Levy had stated that he might be willing to sell the city the North 40' of Lot 2, Block 1 to make up for the sale of part of Lot 1. Mr. Cates asked if this would OWASSO CITY COUNCIL PAGE FOUR JULY 6, 1982 involve two lot splits. Ms. Dickey said that it would. Mr. Cates stated that the City does not have an enforcable contract. covering the above stated promise, but that there is enough evidence of Mr. Levy's intention to sell the City the lot to pursue in court if needed. Motion was made by Mr. Smalley that we do not release the ease- ment at this meeting and that we see a lot split drawn up of the property that the city is supposed to have available for purchase prior to our vacating the easement so that we know exactly what piece of property we are talking about. Motion was seconded by Mrs. Gross. AYE: Messrs. Spencer, Smalley and Stockier; Mesdames Gross and Webb. NAY: None Motion carried. E. CONSIDERATION OF AMENDMENT TO ORDINANCE N0. 314, AMENDING ORDINANCE N0. 175, DUE TO SCRIBNER'S ERROR, DEALING WITH ZONING APPLICATION OZ-63 - CAROL DICKEY. Ms. Dickey explained that there was a scribner's error in Ordi- nance No. 314 pertaining to the legal description. Mrs. Gross asked if the consideration is still referring to the same piece of property that was previously discussed. Ms, Dickey said yes. T~otion was made by Wauhilleau Webb to approve the amendment as presented in Ordinance 314 regarding OZ-63. ~~otion was seconded by Von Stockier. AYE: Messrs. Spencer, Smalley, and Stockier; Mesdames Gross and Webb. NAY: None Motion carried. F. R.M.U.A. Resolution - Haikey Creek Sewerage Plant. (1) Adopt a resolution approving the incurring of indebted- ness by the Trustees of the Regional Metropolitan Utility Authority the principal amount not to exceed $800,000.00 for the purpose of financing the construction of extensions and improvements to the Authority's sewage treatment facilities, waiving competitive bidding and approve the negotiated sale, issuance and delivery of promissory notes or bonds evidencing such indebtedness, to Bank of Oklahoma, N,A., Tulsa, Oklahoma; and declar- ing an emergency. OWASSO CITY COUNCIL PAGE FIVE JULY 6, 1982 Mr. Block explained that before final documentation, the resolution needs to be presented before the Owasso City Council,. This is the same resolution that was previously discussed. Your concurrance is necessary as members of the trust. The Council is approving what O.P.W.A. has done for us. Mayor Spencer made the motion, seconded by Mrs. Webb that the motion be accepted as read. AYE: Messrs. Spencer, Smalley, and Stockler; Mesdames Gross and Webb. NAY: None Motion carried. Mayor Spencer made the motion to accept the emergency clause attached to the above mentioned resolution. Motion was seconded by Mrs. Webb. AYE: Messrs. Spencer, Smalley, and Stockler; Mesdames Gross and Webb. NAY: None Motion carried. F.(2) Adapt a resolution accepting beneficial interest in an Amendment to the Claration of Trust creating the Regional Metropolitan Utility Authority; and declaring an emer~encv. Mayor Spencer made the motion, seconded by Mr, Stockler, to accept the resolution. AYE: Messrs. Spencer, Smalley and Stockler; Mesdames Gross and Webb. NAY: None Motion carried. Mayor Spencer made a motion to accept the emergency clause. Motion seconded by Mr. Stockler. AYE: Messrs. Spencer, Smalley and Stockler; Mesdames Gross and Webb. NAY: None notion carried. ITE1`Z 9: REZONING REQUESTS None at this session. Ms. Dickey asked about the rezoning request OZ-61 scheduled for July 6. She was informed that Mr. Larkin's office had called requesting a continuance to the July 20th Council meeting. OWASSO CITY COUNCIL PAGE SIX JULY 14, 1982 ITEM 10: REPORTS FROM OFFICERS AND BOARDS Mr. Cates reported that he, Mr. Block and Ms. Dickey had met recently to discuss ways of better implementing zoning and planning. One problem addressed was that when a developer comes in with a plat seeking approval from city council, there is a host of requirements that have previously been placed upon it by the planning commission or by the city planner. Some proper subdivision planning would be helpful to the developer as well as the City. The possibility of performance bonding was discussed as well as the possibility of implementing by ordinance a subdivision regulations system whereby a developer shall have complied with all requirements prior to submission of the final plat, unless the developer had lodged a protest to such require- ments with the council. Perhaps ~. rule .could state that the requirements shall be met unless a protest is made. If a deve- loper does protest a certain requirement, then prior to the signing of the final approval, the developer could post a bond to cover performance of that requirement if the developer should lose. Mr. Cates wished to know if the council thought these suggestions should be pursued. Mrs. Gross said that the council does need a definite line to follow. She said it would save the developer and the council time and expense. Mr. Block said he felt it was important to work strenuously to see that all normal requirements are met. Very serious problems could be prevented for the developer and the city. Mr. Smalley encouraged the group to pursue these ideas so that we can eventually adopt a definite procedure. T~Iayor Spencer noted that it might also solve problems for city crews who have a hard time locating water and-gas lines. He stated that the city needs to have as built plans for city files. Mr. Block stated that as built plans will be required and lines will be personally inspected. Ms. Dickey mentioned that an atlas with water and sewer lines is one of the things that INCOG strives to keep an ongoing, updated record of on mylar so they can be easily run off for you to use. ITEM 11: REPORT FROM CITY MANAGER A. Salary Resolution - City Employees Mr. Block recommended that a 72% increase be given to city employees beginning July 1 and that a 22% increase be considered after the first quarter. Mr. Block did not wish to recommend a 10% increase at this time, but felt that, depending upon water sales in the next few months, an additional increase after the first quarter might be possible. p. _„„„, Motion was made by Mayor Spencer and seconded by rZrs. Webb to accept a salary increase for city employees of 72% beginning July 1 with a possible increase of 22% after the first quarter. "` OWASSO CITY COUNCIL PAGE SEVEN JULY 6, 1982 AYE: Messrs, Spencer, Smalley, and Stockler; Mesdames Gross and Webb. NAY: None Motion carried, ITEM 12: APPROVAL OF CLAIMS Motion was made by Mr. Stockler, seconded by Ms. Webb, to approve General Fund Warrants in the. amount of $56,699.64, Elm Creek Park Fund warrants ~~2339.82 and ~~2340.82 for $1,043.51 and $200.00 respectively. AYE: Messrs. Spencer, Smalley, and Stockler; Mesdames Gross and Webb. NAY: None Motion carried. ITEM 13: NEW BUSINESS There was no new business With no further business before the Owasso City Council, chair admourned at 8:24 p.m. rickson, City Clerk ~" ,/;~ ! B D ~I~ E~T~Mayo r