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HomeMy WebLinkAbout1982.03.09_City Council MinutesOn Tuesday, March 9, 1982, the Owasso City Council met in regular session in the Council Chambers, per Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 P.M. on March 5, 1982, and by reference is made a part hereof. ITEM l: CALL TO ORDER. The meetin was called to order at 8:00 P.M, with Mayor Wasserman presiding. ITEM 2: FLAG SALUTE. ITEM 3: ROLL CALL. PRESENT: Lyle T~~asserman, ?'~ayor Phyllis Gross, Vice Mayor Boyd Spencer, Councilman John Stadler, Councilman Jim Smalley, Councilman Ron Cates, City Attorney Bob Fugate, City Treasurer for Ken Thompson, City Manager Sue Shelley, City Clerk ABSENT: Ken Thompson, City Manager ITEM 4: APPROVE MINUTES OF SPECIAL CITY COUNCIL MEETING ON FEBRUARY 1 Motion was made by Jim Smalley, seconded by Phyllis Gross to approve minutes of Special City Council T~Zeeting on February 19, 1982. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and '`-Trs. Gross NAYS: None Motion carried. ITEM 5: APPROVE MINUTES OF CITY COUNCIL REGULAR MEETING ON FEBRUARY 1 1 8 . Motion was made by Boyd Spencer, seconded by John Stadler to approve minutes of City Council Regular T-Zeeting on February 16, 1982. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Tlotion carried. Owasso City Council P2arch 9, 1982 Page Two 4 ITEM 6: PLANNING COI~1'"IISSION RECOI"LIENDATIOPI TO DENY REZONING FROi1 RS- 3 SINGLE FAMILY TO Ri~I- 2 1`NLTI-FAPZILY , LOT l , BLOCK 1 , HALE ADDITION. I~Ir. Vines stated that when the land was platted in 1967 its intended use was for apartments, it was approved by the Planning Commission and City Council, they signed the plat. FIe asked that the present City Government honor the committment of the past City Government. Mr. Smalley asked if the City lzad considered opening up Carlsbad through Mr. Larkin's land, to relieve congestion on that street. Mr. Spencer stated that Mr. Larkin had been approached and that he would not sell. ~~1r. Smalley stated that he would like to see the City make an attempt to acquire the property to relieve the congestion on Carlsbad. r~lotion was made by Boyd Spencer, seconded by John Stadler to accept the recommendation of the Planning Staff to deny rezoning, AYES: Messrs. Spencer and Smalley NAYS: Messrs. Wasserman, Stadler and TZrs. Gross Motion failed. Plosion was made by John Stadler to talbe until the next meeting. *'Iotion failed for lack of a second. Mr. Jim Clzarleville, a home owner in opposition to the rezoning, presented a petition with 76 names on it. He stated that there is no record that t'nis property has ever been zoned multi-famil~T. In 1972 Tlr. Hale gave this property to the City for a park. Because during that time there was an agreement with the City, when you covered one foot with apartments, you would furnish one foot for recreation. It was zoned at that time for one-family dwelling. rlr. Hale stated that he would not dive the City a deed, because he stated that as long as he had the deed he knew that it would be a park. P-1r. Cates stated that the U.S. Supreme Court has ruled that municipalities are liable for anti-trust violations, a.nd that zoning for or against could violate the Sherman-Clayton Act. He asked for time to study the Boulder case as it related to zoning power, as this decision was reached in late January 1982. Owasso City Council a~lotion was made by to allow Mr. Cates zoning situation. March 9, 1982 Page Three Phyllis Gross, seconded by John Stadler until March 16, 1982, to review the AYES: Messrs. Wasserman, Stadler and Mrs. Gross iQAYS: Mr. Spencer ABSTAIN: Mr. Smalley P~lotion carried. ITEM 7: PLANNING COMMISION RECOMMENDATION TO APPROVE ANNEXATION OF THE NORTH 1/2 OF TIIE SOUTHWEST l/4 OF THE NORTHtiJEST 1/4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST (LESS A 165' x 300' TRACT IN THE SOUTHWEST CORNER) LOCATED ON THE EAST SIDE OF U.S. 169 1/2 PZILE SOUTH OF 116Th STREET NORTH. Mr. Spencer stated that there was a problem Taith the sewer system, and asked who was going to sell the taps the City or Mr . ~Iale? Mr. Clark, the Owner stated that the City would get $250.00 per tap and the Rural Water District would get $50.00 per tap. He stated tiZat he would do whatever is necessary to correct the sewer problem. Mayor t~lasserman asked if this property is annexed into the City, is the City obligated to provide it with city sewer. Carol Dickey stated that the City is not obligated at this time, but there is a bill in the Oklahoma Legislature that would make it mandatory to provide sewer service within so many years, if it does pass. Motion was made by Phyllis Gross, seconded by John Stadler to approve the annexation, AYES: r-lessrs. Wasserman, Spencer, Stadler, Smalley and ~1rs. Gross NAYS: None Motion carried. Mr, Cates was instructed to draft this ordinance for the March 16, 1982 meeting and include an emergency clause for vote, Owasso City Council March 9, 1982 Page Four ~_,.,, ITEM 8: AUTHORIZE THE INCURRING OF INDEBTEDNESS BY THE TRUSTEE OF THE OWASSO INDUSTRIAL TRUST AUTHORITY IN THE PRINCIPAL A'~IOUNT OF $187,000.00 FO'R THE PURPOSE OF FINANCING THE EXPANSION OF AN INDUSTRIAL MANUFACTURING FACILITY FOR i'IINGO MANUFACTURING INCORPORATED, WAIVING COMPETATIVE BIDDING AND THE NEGOTIATED SALE, INSURANCE AND DELIVERY OF PROMISSORY NOTE EVIDENCING SUCH INDEBTEDNESS TO LIBERY BANK OF OWASSO. Mayor Wasserman explained that all that was being done is authorizing a tax free loan, it does not obligate the City in any way, it is through the company and the bank. Nlotion was made by Boyd Spencer, seconded by Phyllis Gross to authorize the indebtedness by the Trustee of the Owasso Industrial Trust Authority in the Principal amount of $187,000.00, AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and T~7rs. Gross P1AYS : None `lotion carried. ITEM 9: PRELIMINARY REPORT BY THE CHAIRMAN OF THE PUBLIC IMPROVEMENTS ADVISORY COMMITTEE. Chairman Bob Hockenberry gave a report that the committee had studied the budget, salary survey, sewer and water problems in great detail. He stated t?iat one recommendation was-that at 97th East Avenue and 106 Street North, :hrs. McLaughlin's house the sewer problem of in house overflow needs to be corrected immediately. Mrs. Gross stated that she had attended the first meeting of the Public Improvements Advisory Committee and that she felt that the committee would be beneficial and would be an asset to the community. Mayor Wasserman explained that work was being done on i2rs. McLaughlin's sewer problem, the City had a representative from the company that makes the pump station, he reviewed all the pump stations, ordered Harts, held a school for those working on the pump stations, and set gauges to correct levels. Also a new pump will be in operation as soon as a part-comes in. He stated that these were temporary solutions and that a new s;~stem was needed if the committee could find a solution. Owasso City Council March 9, 1982 Page Five ITEM 10: REVEIW PROPOSALS FOR Ail ENERGY COiVTROL SYSTEM FOR CITY HALL. Mr. Stadler stated that because the City has sewer problems this system is a frill T,ae can't afford right now. A representative from Energy Group of Oklahoma was present and explained that the system would pay for itself, it could be brought in at no cost to the City on a shared savings program. They put the system in for $6,000.00 and they take 1/2 of the savings to pay for the system, it would be 2 checks one to the utility company and one to Energy Control, in the amount of 1/2 of the savings. ~Zr. Fugate asked Ron Cates, if there is no capital outlay, would it be subject to the bid procedures act? Mr. Cates stated that because t'_Zere is no capital outlay, it is still an obligation of the City and would be subject to t?ze bid process. Mr. Fugate stated that we would get all the information and present it at a future meeting. ITEr1 11: PROPOSAL BY PROPERTY OL~TNER TO DEDICATE STREETS IiQ THREE LAKES VILLAGE. P1r. Mansur, City Engineer, stated that he did not recommend widening the streets because they would cover the waterlines, the streets could be widened by the curb by 6" on each side. He also stated that P.U.D. means Planned Unit Development, that is a concept of a way in which you can put a project on land that has terrane difficulties, yo~_i would be permitted to put the same number of units within the gross area, if you left the total area to be used for other purposes, an example a park. In this project the houses are on small lots, with zero property line, and the space in front of them is very small, this is one of the problems. In that the driveways are short even for only one car. This project was private, it was never intended that the streets be public. ~Ie stated that in his opinion, it was not practical to make it into a conventional subdivision. Motion was made by John Stadler, seconded by Boyd Spencer based on City Engineer's recommendation, we not accent the responsibility of the maintenance and repair on these streets. AYES: Messrs. tiaasserman, Spencer, Stadler, Smalley and Mrs. Gross t1AYS : None Notion carried. Owasso City 'Council March 9, 1982 Page Six ITEr1 12: AN ORDINANCE AUTHORIZITIG_AN INCREASE Ii1 MUIQICIPAL COURT JUDGE S SALARY. Mr. Spencer asked how many hours were involved for the municipal judge. Mrs. Shelley stated approximately 6 to 10 hours per month, and that he was one of the lowest paid judges in t'ze state. Motion was made by Phyllis Gross, seconded by John Stadler to approve and authorize City Attorney to draw up an ordinance to bring to the Council increasing the Judge's salary to $325.00 per month. AYES: Messrs. tiJasserman, Spencer, Stadler, Smalley and Tars. Gross .NAYS: None Motion carried. ITEP1 13 : RE UQ EST TO AUTHORIZE AN INCREASE IN CITY PROSECUTOF.' S SALARY. Motion was made by Boyd Spencer, seconded by Phyllis Gross to ~~' accept the recommendation of the City ~Zanager to increase City Prosecutor's salary to $300.00 per month. AYES: PZessrs. ~,lasserman, Spencer, Stadler, Smalley and P~Irs. Gross NAYS: None Motion carried. ITEM 14: AN ORDINANCE AUTHORIZING PAYMENT OF T~IITNESS FEES TO POLICE OFFICERS, Mr. Cates stated that this Ordinance does conflict with state statute. However, in that the City is a Home Rule Municipality, as such you are given by the State of Oklahoma tine right to make your own laws. The City could take the position that it concerns something of local concern, how the City pays the witnesses in our court. He further stated that this ordinance would authorize the Judge to appoint a bailiff to serve during court with the rate paid to bailiff to be put in the ordinance. The Police Chief stated that the Bailiff would have to be an ~...~, off duty policeman because of his limited staff. He stated that he thought that the amount the police officer was malting per hour straight time would be adequate compensation. :Zr. Fugate requested that the Ordinance be clarified as to "$5.00 per each day of attendance". Owasso City Council P~Zarch 9 , 1982 Page Seven Mr. Cates stated that the day of attendance was that the officer would attend each case, and would be paid for each case attended, out of the court bud et instead of time and one-half out of the police budget, this 5.00 fee should be added each time a police witness is required to the court costs. Mayor Wasserman money and would court all night Motion was made adopt Ordinance $6.50 per hour. stated that this keep the on duty instead of natro by JoLin Stadler , ~~316 and set the Ordinance would save tine City policemen from setting in Lling the streets. seconded by Phyllis Gross to rate for the bailiff at AYES: "7essrs. Wasserman, Stadler, Smalley and Mrs. Gross i1AYS: None ABSTAIN r i1r . Spencer PZotion carried. ITE?'I 15: REQUEST TO AUTHORIZE ACCESS TO ALL FINANCIAL RECORDS BY ANY PIEMBER OF THE CITY COUNCIL. "Ir. Fugate stated that three of the Council *4embers did not have access to the financial records, because they did not sign on the accounts. This is to make it clear to all financial institutions that all Council Members do have access to all financial records. Motion was made by Phyllis Gross, seconded by John Stadler to authorize access to all financial records by all City Council Meribers . AYES: PZessrs. Wasserman, Spencer, Stadler, Smalley and sirs. Gross i1AYS: None Motion carried. ITEM 16: REQUEST TO CHATJGL CLASSIFICATION FOR CERTAIIJ CITY POSITIONS. Mr. Fugate stated that this is a problem with other city personnel besides Officer Forde. The pay plan is too narrow a range for each of the positions, the top pay in Grade 9 and the top nay in Grade 10 is only 5%, We need to increase the range of pay for each position to give the City more flexibility, because of cost of living increases and merit raises. Owasso City Council March 9, 1982 Page Eight :~Zotion was made by Phyllis Gross, seconded by John Stadler to make the change of classification as to Officer Forde. AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and T1rs. Gross NAYS: None Motion carried. ITEM 17: REQUEST FOR ONE ADDITIONAL PATROLMAN POSITION IN POLICE DEPARTT~ZENT. ~" TZr. Spencer asked if there was roon in the budget for an additional patrolman, Mr. Fugate stated that during the budget process that the City Manager recommended no additional staff in any department, except for the creation of a City Engineer, which did not materalize. He stated that the general fund could easily handle an additional policeman. Chief Reyes stated that he paid 40 hours overtime per average pay period. The officers have accumulated comp time which they can't possibly get paid for. The officer's aren't at their best working excessive overtime. Motion was made by Phyllis Gross, seconded by Jo?-in Stadler for the addition of one patrolman. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and T'Irs. Gross NAYS: None Motion carried. ITEM 18: REQUEST TO ADVERTISE FOR BIDS FOR THE FOLLOWING EQUIPMENT. One - six foot flail mower - Cemetary One - 36'' x 42" riding lawnmower - Cemetary One - six foot brush hog - Street Department One - push type lawn mower 22" x 24" - OPjJA Mr. Fuagate stated for the two items for the Cemetary, 25% of the general revenues goes into a trust fund and the balance is about $30,000.00, it can only be used for capital expenditures, not for operations. The two items for the Cemtary are not not coming out of the general fund. The street department request will probably come out of revenue sharing. So the only the OPWA request will come out of the operational fund. This also could be taken out of the cemetary fund, because we buy something for the Cemetary does not mean it has to be left out there all of the time, it could be used for other areas like OPWA. Owasso City Council March 9, 1982 Page Nine Motion was made by Boyd Spencer, seconded by John Stadler to advertise for bids on 3 mowers and 1 brush Lzog. AYES: Messrs. ~,lasserman, Spencer, Stadler, Smalley and Mrs, Gross NAYS: None T•iotion carried. ITEP7 19: FINANCIAL REPORT FOR FEBRUARY 1982. Motion was made by Boyd Spencer, seconded by Phyllis Gross to accept the financial report for February 1982. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley, and P4rs. Gross NAYS: None Motion carried. ITET~1 20: APPP..OVE WARRANTS FOR PAYMENT, Mr. Spencer questioned ~r1663 Mico Inc, - Repair parts for Ar~ibulance as to the warranty . Mr. Fugate stated that the invoice read "as is". `fir. Allen of the Fire Department stated that the ambulance was not in operation at tizis time, that it was in the shop for an electrical problem. It should be operational within 30 days, if a light bar and siren can be obtained. Mr. Spencer questioned ~~1708 One Ston Auto-Installation Engine/ Transmission. Mr. Fugate stated this warrant was for a 1977 Volare. Motion was made by Phyllis Gross, seconded by Jim Smalley to approve warrants for ~ay~nent ;k1627 -1612 for a total of $46,205.32, Police Teletype Fund ~~1-82 for $190.80, Park Grant Fund ak1709-1026- 1023 for $12,400,96, acid Revenue Sharing ~~i618-1706 for $9,152.09. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and TZrs. Gross NAYS: None ~~otion carried. Owasso City Council March 9, 1982 Page Ten NE~J BUSINESS Mr. Cates stated that Mrs. Gross had requested information on payment of witness fees for an administrative hearing. Under the Charter the Council is given power to subponea witneesses. There are not established procedures for this, therefore there are no provisions for payment of witness fees. It is within the power of the Council to provide rules for procedure and this could include the payment of witness fees. .. Mr. Cates also stated that Mr, Hale had raised a question concerning the deposit and utilization of the City. Funds. He questioned where the funds are at present and t'ie investment approach used by the bank. Municipal bonds have one attractive attribute about them, they are tax exempt. Under the bonding program, you can only earn so much yeild on your bonds, According to Mr. Hale you can earn greater interest when depositing it in C.D.'s. Under the Arbitrage provisions of the law and in the bonding agreement the yeild cannot exceed 6.06% on certain accounts, If this 6.~6% is exceeded you could violate the IRA regulations and throw your bonds into default. The fact that under the bonding program, the bank is entitled to payment of a service fee, obviously if you are talking about juggling these funds about by placing them in 2 week C.D.'s, etc., you are going to incur a greater service fee. The bonds are paying about 5.3% and they are earning close to the maximum return. He stated that the evidence is that the bond funds are being invested very wisely. Being no further business before the Owasso City Council, chair adjourned at 1~J:25 P.M. L E ~JASSERMAN, MAYOR ~.~.o--~ HELLEY, CITY RK