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HomeMy WebLinkAbout1983.04.05_City Council MinutesOn Tuesday, April 5, 1983, the Owasso City Council met in regular session in the Council Chambers at City Hall per the Notice of Public Hearing and Agenda posted on City Hall Bulletin Board at 4:00 p.m, on March 31, 1983, and by reference is made a part hereof. ITEM l: CALL TO ORDER. The meeting was called to order at 7:03 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 Wauhilleau Webb, Vice-mayor Phyllis Gross, Councilwoman James Smalley, Councilman Von Stockler, Councilman Dale Block, City Manager Ron Cates, City Attorney Ann Hendrickson, City Clerk ITEM 4: APPROVAL OF T~2INUTES OF REGULAR SESSION OF OWASSO CITY COUNCIL, MARCH ~5, 1983._ Motion was made by James Smalley, seconded by Von Stockler, to approve the minutes of March 15, 1983, by reference made a part hereof. AYE: Messrs. Stockler, Smalley, Spencer NAY: None ABSTAIN: Mrs. Webb, Mrs. Gross Motion carried. APPROVAL OF MINUTES OF SPECIAL SESSION OF OWASSO CITY COUNCIL, MARCH 22, 19.83. Motion was made by Von Stockler, seconded by James Smalley, to approve the minutes of March 22, 1983, by reference made a part hereof. AYE: Messrs. Stockler, Smalley, Spencer NAY: None ABSTAIN: Mrs. Webb, Mrs. Gross Motion carried. OWASSO CITY COUNCIL APRIL 5, 1983 PAGE TWO ITEM 5: BUSINESS A. CONSIDERATIOi~T OF R~;SOLUTION ~~83-02/i~TOTIFICATION OF PUBLI- CATION 0 9 3 SUPPLEMENT TO CITY CODE. Mr. Cates explained that since the Or1L recodification of the City Code is not complete, it is necessary to file a supplement to the City Code compiling all ordinances adopted through March 31, 1983. Motion was made by Von Stockler, seconded by Wauhilleau Webb, to adopt Resolution ~~83-02 directing the filing and notification of the publication of the 1933 supplement to the Owasso City Code of 1973. AYE: Messrs. Spencer, Stockler, Smalley; Mesdames Webb, Gross NAY: None Motion carried. B. CONSIDERATION OF REQUEST TO ADVERTISE FOR AUDITING SERVICES Mr. Block explained that it is in the best interest of the City to periodically ask for bids for services provided to the City. He said that although Lohrey and Jay Accountants has done an ~ ~, excellent job for the City, he felt the cost of the 1981-82 audit was more expensive than it should have been. He said he realized that the 1981-82 audit was quite lengthy and most prob- ably Lohrey and Jay could bid a lower figure for the 1982-83 audit. Mayor Spencer said he did not feel the charge for the 1981-82 audit was out of line considering the circumstances and that he was extremely satisfied with the work done for the City by Steve Jay. Mrs. Webb said that Mr. Jay had provided an excellent ser- vice and was always prompt to respond to any problems that came up. Mr. Block said that he would talk with Mr. Jay and see if he could give some kind of estimate as to the cast for the 1982- 1983 audit. It was the-.wish of the Council that he~do so. C. CONSIDERATION OF EXCHANGE OF LAND TRACTS IN ELM CREEK PARK. Mr. Block reviewed the areas of land involved in the exchange and pointed out the advantages of such exchange to the City, i.e., better drainage, more distance between the tennis courts and the soccer fields, available electric power source for the tennis courts and a road which will be provided by the developer. Mr. Cates explained the General Warranty Deed he had prepared far Elm Creek Inc, to.deed the tennis court tract to the City of Owasso and the Quit-Claim Deed for the City to sign back to Elm Creek, Inc. Motion was made by Von Stockler, seconded by Mayor Spencer to accept the exchange of land tracts as identified in the General Warranty Deed and Quit-Claim Deed between Elm Creek, Inc, and the City of Owasso. OWASSO CITY COUNCIL PAGE THREE APRIL 5, 1983 AYE: Messrs. Spencer, Stockler, Smalley; Mesdames Gross, Webb. NAY: None Motion carried. D. CONSIDERATION OF AGREEMENT WITH DOCTOR'S FAMILY MEDICAL CLIi~tIC L ND C I ITION R PARKING LOT. Mr. Cates explained the differences in the revised agreement: if the City-.County Library should be built on a portion of the property, it would be considered permisive use; a lot split is not necessary for receiving the easement. The attorney for Doctor's Family Medical Clinic has agreed to a lot split for a portion of Lot 1 which the City can pursue with Doctor's Family Medical Clinic as a co-applicant or singly. Motion was made by Mayor Spencer, seconded by Von Stockler, that the Mayor be authorized to execute the agreement with Doctor's Family Medical Clinic on behalf of the City of Owasso. AYE: Messrs. Spencer, Stockler, Smalley; Mesdames Webb, Gross i1AY : None notion carried. ITEM 6: REPORT FROM CITY ATTORNEY A. RE UEST FOR EXECUTIVE SESSION/CURRENT LITIGATION Motion was made by James Smalley, seconded by Phyllis Gross, to recess into Executive Session for the purpose of discussion of current litigation. AYE: Messrs. Spencer, Stockler, Smalley; Mesdames Webb, Gross. NAY: None Motion carried. Meeting recessed at 7:45 p.m.; reconvened at 9:13 p.m. Motion was made by Wauhilleau Webb, seconded by James Smalley that the Notices of nolores McNiel and Sam Kee be submitted to Mid-Continent in an expeditious manner for investigation and determination. AYE: Messrs. Spencer, Stockler, Smalley; Mesdames Webb, Gross. NAY: None Motion carried. OWASSO CITY COUNCIL PAGE FOUR APRIL 5, 1983 Motion was made by James Smalley, seconded by PZayor Spencer that the City of Owasso direct City Attorney, Ronald Cates, to enter an appeal in Case ~~ C-80-2639, Order Allowing Attorney Fees. AYE: Messrs. Spencer, Stockler, Smalley; Mesdames. Gross, Webb. NAY: None Motion carried. Mrs. Mciliel asked for an explanation of the motion made concerning the Notice submitted by her attorney. Mr. Cates explained that Owasso Public Works Authority has an insurance carrier to cover liability and that all claims must be referred to them; further, the City has 90 days to accept or reject the claim. Mrs. McNiel asked if the City could pay her damages and then look to the insurance company for reimbursement. Mr. Cates explained that if the City paid the claim, the insurance carrier would not pay the City as the City would have violated their agreement with the insurance carrier. Mrs. McNiel stated that she felt the City was liable and should pay for all expenses incurred. Mr. Kee asked if the insurance company should reject the claim, what the City would do about the claim. Mr. Cates said the City's options are to reject the claim in whole or in part, or accept the claim in whole or in part. ITEM 7: REPORT FROM CITY MANAGER A. REPORT ON CITY AUCTION Mr. Block reported that the auction was postponed due to inclement weather and a poor turnout. He said since there was no interest shown in the police cars and since Tulsa is very soon going to auction about 200 police cars, he felt it might be better to put the cars to use here rather than sell them for much less than they are worth. He said the auction would be postponed indefinitely. Mr. Block requested approval of the Council for him to be gone part of Monday, April 25 as he is to go to Las Vegas to receive a career award from the American Management Institute. Approval was received. ITEM 8: NEW BUSINESS There being no new business before the Owasso City Council, chair adjourned at 9:32 p.m. ~/?-+./ BOY M. SPE R., Mt~YOR ANN HENDRICK ,