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HomeMy WebLinkAbout1981.12.15_City Council MinutesOn Tuesday, December 15, 1981, the Owasso City Council met in regular session in the Council Chambers at City Hall, per notice of Public Meeting and Agenda posted on the City Hall bulletin board at 2 : 00 P , i~'I, on December 11 , 1981 , and by reference is made a part hereof. ITEM l: CALL TO ORDER, The meeting was called to order at 7:00 P.M. with Mayor Wasserman presiding. ITEM 2: FLAG SALUTE. Flag salute was led by Mayor Wasserman. ITEM 3: ROLL CALL. PRESENT: Lyle Wasserman, Mayor Phyllis Gross, Vice Mayor John Stadler, Councilman Jim Smalley, Councilman Boyd Spencer, Councilman Harold Charney, City Attorney Kenneth Thompson, City :'Tanager Sue Shelley, City Clerk ITEM 4 : APPROVE_MINUTES OF DECEI~TBER 1 , 19 81, REGULAR i2EETING . Motion was made by Phyllis Gross, seconded by Jim Smalley, to approve the minutes of December 1, 1981, Regular Council T_~Ieeting and by reference is made a part hereof. Ayes: Messrs. Wasserman, Spencer, Stadler, Smalley and ~~Trs. Gross Nays: None Motion carried. ITEM 5: REPLACETIENT OF HAROLD CHARNEY AS CITY ATTORNEY. Motion was made by Boyd Spencer to deny request to remove Harold Charney as City Attorney, seconded by Jim Smalley. Mr. Stadler stated that Mr. Charney had stated that if the council did not trust his judgment the council was free to replace him. Several citizens stated their opinions on this matter, for and against Per. Charney, and the way he was notified of his dismissal. Mr. Charney spoke that he was twice city attorney the second time he didn't want the job, but he believed that you should put back into the community. He also stated that the Council should not interfer with the hiring and firing of employees. Mayor Wasserman stated the reasons for replacement and that the Council did attempt to contact i~r. Charney before this item was placed on the agenda Owasso City Council Page Two December 15, 1981_.. also that Mr. Charney made statements that upset the works of the Council, and the council would work better if he was replaced. Ayes: Messrs. Smalley and Spencer Nays: Messrs, Wasserman, Stadler and r!Irs. Gross Motion denied. Motion was made by Phyllis Gross, seconded by John Stadler to replace Harold Charney as City Attorney. Ayes: Messrs. Wassterman, Stadler and Mrs. Gross Nays: Messrs. Spencer and Smalley Motion carried. ITEM 6: APPOINTMENT OF NEW CITY ATTORNEY. Motion was made by John Stadler, seconded by Mayor Wasserman to appoint P1r. Ronald D. Cates from the firm of Boyd and Parks as -_~- the City Attorney. A brief statement was made by Mr. Cates stating his willingness to take the position of City Attorney and also his firm's cooperation in this matter only as an attorney not as a politician. He said his firm was not currently engaged in any suits with the City of Owasso and he had no preconceived notions of the problems or suits pending against the City at this time. He stated that his average fee would be $50.00 per hour. Mr. Cates ~~uas sworn in by the City Clerk. Ayes: Messrs. Wasserman, Stadler and Mrs. Gross Nays: Messrs. Spencer and Smalley.. Motion carried. ITEM 7: REQUEST TO PURCHASE TWO POLICE CARS FROM GENERAL REVENUE SHARING FUND THROUGH STATE PURCHASING BIDS. The City Manager gave a report and stated that the City could buy police cars that were up to the specifications of the Highway Patrol. The base price was $7,800,17, two options were asked to be added, a spotlight and floor mats that would make the total $7,891.17. The report also reflected that the Police Department would sell three existing cars and give one to the OPWA for the meter reader, bringing the total number of cars to nine including ~`"` the two new cars. Motion was made by Phyllis Gross, seconded by Jim Smalley to purchase two police cars from General Revenue Sharing Fund through the State Purchasing Bids. Owasso City Council Page Three December 15, 1981 Ayes: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross Nays: None Motion carried. ITEr2 8: APPEAL OF PLANNING COr~IISSION RECOP~Il`~IENDATION TO DENY REZONING FROM OM OFFICE-MEDIUM INTENSITY TO CS COM:IERCIAL- SHOPPING PROPERTY LOCATED AT 11 80 EAST 8 TH STREET NORTH. Carol Dickey spoke for the Planning Commission which denied zoning, because of the number of curb cuts, and the traffic on 86th Street, and that it did not have enough frontage for a CS lot creating a substandard lot. Dr. Clark spoke in response to the Planning Commission, he stated he had no opposition to rezoning from the businesses around him, his parking was the least congested in the area, the proposed beauty shop is like a doctor's office, in that people come by appointment for a service. He has 110' instead of 150' frontage, the plan calls for 32 parking spaces and he is planning no more curb cuts just to use the current drive. motion was made by Phyllis Gross, seconded by John Stadler, to accept the approval of the zoning from OM to CS. Ayes: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross Nays: None Motion carried. ITEM 9: REQUEST FOR CONDITIONAL APPROVAL OF THE FINAL PLAT FOR OWASSO BUSINESS PARK SUBDIVISION. Mr. Levy spoke about waiving the street width from 36' to 26' with the condition of no parking on the street and off street parking for the four business on this street. Dedication of right of way on the south end of the property could not be obtained, so McDonald's agreed to build a new road on the south half of Lot 3, and Lot 4. There will be a public street, Dogwood coming west to Cedar. The problem on 76th Street i~Torth, P2cDonald's owns 26' and there is a 7' easement owned by Purity Oil Company. Bill Williams has agreed to sell 10' of the right of way which will be donated to the City, making a total of 42' which was all that could be obtained. Mr. Levy stated that he would put up the $50,000 performance bond for three years. A site elan was submitted. Carol Dickey addressed the issue of connecting Dogwood to 4th Avenue to Cedar Street and Mr. Levy has proposed to do that. Owasso City Council Page Four December 15, 1981 Clarification of the zoning code requirements to state that a site plan would be submitted for each lot of the subdivision before the building permit would be granted. Modifying to 50' of right of way rather than 80'. The commission requested the council to waive the screening requirement on the south boundary line between this parcel and the apartments. Right of way of Cedar Street was correct, allowing no access along the entire south boundary line. Motion was made by Phyllis Gross, seconded by John Stadler according to the changes as stated on changing the site plan, waiving the 80' to 50' which would be 42' on the north end of Dogwood on to 76th Street. Also waive the screening, and accepting the street width to 26'. The $50,000 performance bond will be presented to the City TManager. Ayes: Messrs. Wasserman, Stadler, Smalley and ~Zrs, Gross Mays : None Abstain: Mr. Spencer Motion carried. ITETM 10: ORDINANCE AMENDING ORDINANCE 303 ANNEXING HILLSIDE ESTATES TO THE CITY OF OWASSO. The City ~'Ianager stated that there was a typographical error in the Range it was "13" not "31" East,. it has to be republished. :Motion was made by Phyllis Gross, seconded by Jim Smalley to amend Ordinance 303 to correctly ready Range "13" East. Ayes: Tlessrs, Wasserman, Spencer, Stadler, Smalley and TMrs. Gross Nays : T1one TMotion carried. ITEM 11: REPORT ON THE STATUS OF DEVELOPMENT OF ELM CREEK PARK BY GARY LINDAMAN. LANDSCAPE ARCHITECT. A report was given by Gary Lindaman, the total cost to date was $27,000.00, the items under contract was $25,200.00, the items ready for purchase was $29,800.00, making the total sum of $82,000.00. The future cost items include a multi-purpose court, 2 tennis courts, restrooms, fountains, paved parking, and trail, these are projected to cost $100,000.00. All these prices are !~~- based on December 1981 prices,and an additional 11Q/o per year for future construction cost estimates. No Motion was made. Owasso City Council Page Five December 15, 1981 ITEM 12: DISCUSS REQUEST BY MR, H.D. HALE TO RESOLVE STATUS OF AGREEMENTS AND CLAIr7S ~~ITH THE CITY OF OWASSO. Mr. Hale reported that in Hale Addition the original covenants are still in tact, they were written before zoning. The police have stopped the parking over the curb between 7th and 8th Street on North Atlanta. The stolen car matter is no longer important, but he does request a $300.00 refund. A refund was requested in the amount of $180,00 for prepaid trash service on apartment house at 711 North Atlanta Street. The problem of the water standing in front of Hall ~'Iall, the City Manager stated that the County asphalt crew was going to clear up this matter. A building permit to build in Hale Acres needs to be updated. Opening Atlanta Street from 11th Street to 86th Street-North he reported he was no longer interested in this proposal. Per. Hale wants the matter of a building permit for mini-storage passed until a later date. A condemnation action needs to be settled, but PZr, Hale wants to hold it until an agreement can be reached on the purchasing of the water and sewer lines can be completed. Mr. Hale wants to sell to the City, Hale Acres water lines, Hale Acres Second Addition water lines, Hale Acres sewer lines, Hale Acres Second Addition sewer lines. He wants to sell the water lines for $82,800,00, and the sewer lines for $190,000.00, prepaid water taps for $54,750.00 and he wants the issuance of building permits for Hale Center at a cost of $25,250.00. He also wants the City to issue sewer taps and water taps in the amount of $35,000.00 and $36,000.00 to him, He also requested that he wanted building permits and utility work done to build a Mobile Home Park in the amount of $96,000.00. He stated that he would be willing to settle for $82,874,45 on the water lines. He proposed to return to the City 24 sewer taps, He wants the letter freezing sewer taps from the City Manager to be recalled. Motion was made by John Stadler, seconded by Phyllis Gross to pass until the next meeting to get a committe together and arbitrate if possible. Ayes: 1`lessrs. Wasserman, Stadler, Smalley and Mrs. Gross Nays: None Absent: Mr. Spencer. Motion carried. ITEM 13: REQUEST BY SHARON NOLTE FOR PAY~'IENT FOR SERVICES RENDERED TO THE CITY OF OWASSO. Mrs. Gross read the letter placing this on the agenda in which Ms. Nolte stated that she was hired by Don Ritz to be an Investigator, with the approval of tlayor Boyd Spencer, Vic Lombruglia and Owasso City Council Page Six December 15, 1981 ..~»~ Ken Thompson to work several cases for the Den_artment of Public Safety. She asked for payment for a total of 2,145 hours at $12.00 per hour and Milage of 12,247 at .35 per mile for a total cost of $30,026.45 from June 17, 1980 to March 20, 1981. She also attached a polygraph test, a psychological test (MMPI), a list of employees to be investigated, a list of persons for possible legal action and a miscellaneous list of unlisted phone numbers, unpublished addresses, places of employment, complete background searches, personal activities of employees, information from computers and records from court houses. Mr. Smalley stated that the City A'Ianager denied hiring PZs. Nolte and questioned the amount owed because of the lack of a written contract, only a verbal agreement. Motion was made by Jim Smalley, seconded by John Stadler to deny request for payment. Ayes: Messrs, Wasserman, Stadler, and Smalley Nays: None Absent: Mr. Spencer and Mrs, Gross ~,.,~, Motion carried. ITEM 14: REQUEST TO GIVE THIRTY DAY NOTICE FOR CONTRACT CANCELLATION TO EMPIRE MAINTENANCE SYSTEPZS FOR CLEA1`dING SERVICES TO CITY HALL AND THE COTR~IUNITY CENTER. A report was given by David Thompson, operations manager for Empire Maintenance. They have served the City for 2z years. The problems he stated were security, lack of communication, rumors of replacement by jack-of-all-trades, parking lot and yard work were refused without negotiation, electrical work must be done by professionals, contract of Empire :Zaintenance was taped to doors with emphasis added, a question of a copy of the maintenance contract in the possession of the City. P'Ir. David Thompson asked that the City give an additional 30 days to correct the existing problems, with a check promised twice a week, and negotiate a new contract to provide exact duties. Motion was made by John Stadler, seconded by Phyllis Gross to grant an additional 30 days in which to correct the problem with Empire Maintenance. Ayes: Messrs. Wasserman, Stadler, Smalley and Mrs. Gross Nays: None Absent: Mr. Spencer ~. Motion carried. Owasso City Council Page Seven December 15, 1981 ITEM 15: PRESENTATION OF PROPOSED ADDITION TO CITY HALL. A report was given by George Strella of ~~ansur-Daubert-Williams stating that an addition could be constructed on the existing south wing of City Hall extending 36' to the existing sidewalk. The upper level would house a meeting room to be used as the City Council Room and as the Court Room. This facility would have its own entrance, hallway and restroom so that the rest of the building need not be oven during court or meetings. The existing Court-Council Room would be converted to space for the utilities department. The lower level would contain office space. A drive-up facility would be provided for the payment of utility bills. This would be located between Cedar Street and the new addition. An island-turnout would contain a remote payment container. An approximate cost of $315,000 was quoted it would stay at this price for approximately 6 months. No motion was made. ITEM 16: REQUEST TO INCREASE RATES FOR CITY EMPLOYEE STANDBY CHARGES FOR AFTER HOURS USE OF RAYOLA RECREATION CENTER FROM 5. 0 PER HOUR TO 7. 5 PER HOUR. Report was given by City Manager this $7.25 per hour would be paid by the users of the buiding, this is an overtime charge by the employee. Motion was made by Jim .Smalley, seconded by John Stadler to increase the rates from $S.OO to $7.25 per hour effective immediately. Ayes: Messrs. Wasserman, Stadler, Smalley and T~Zrs. Gross Nays: None Absent: Mr. Spencer Motion carried. ITEP~1 17: REQUEST CITY MANAGER TO INQUIRE AS TO EMPLOYEE DUE AND/OR PAST DUE EVALUATIONS AS PER PERSONNEL MANUAL 3.3. Mrs. Gross stated that she had asked that this be put on the Agenda, per last meetings report by Harold Charney on the list of duties for Council Members, not to be negligent in their duties, within 36 hours of this council meeting. City Manager stated that there were about 6 to 8 people that are marked hold on their review, he stated that he would have a report at the next council meeting. No motion was made. Owasso City Council Page Eight December 15, 1981 ,~_,~, ITEM 18: APRPOVE WARRANTS FOR PAYMENT, City Manager reported that on Park Development 14-82 it is in violation of competative bidding practice, they billed for several items that should have been billed separately. He suggested that we hold until it is cleared up, because this is under a federal grant. Motion was made by Jim Smalley, seconded by John Stadler to approve warrants ~~1115 through ~~1236 for $35,837.83, with the exception of the Park Development warrant ~~14-82. Ayes: Messrs. Wasserman, Stadler, Smalley and P4rs. Gross Nays: None Absent: Mr. Spencer Motion carried, ITEM 19: NEW BUSINESS. Mrs, Gross gave a report that Bob Randolph, a newly appointed personnel board member wanted to disqualify himself for one `"~" hearing and appoint a temporary member appointed. A special meeting would have to be scheduled for this temporary appointment. Being no further business before the Owasso City Council, Chair adjourned at 12:15 A.M. L E WASSERMAN, MAYOR SUE ELLEY, IT RK ~: -~~.