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HomeMy WebLinkAbout1981.10.06_City Council MinutesOn Tuesday, October 6, 1981, the Owasso City Council met in regular session in the Council Chambers at City Hall, per the Notice of Public Meeting and Agenda posted on City Hall bulletin board at 10:30 AM on October 2, 1981, and by re- ference is made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 7:02 PM with Mayor Spencer presiding. ITEM 2 - FLAG SALUTE. Flag salute was. led by Mayor Spencer. ITEM 3 - SEATING AND SWEARING IN OF LYLE L. WASSERMAN FROM WARD 1. ITEM 4 - SEATING AND SWEARING IN OF JOHN D. STADLER FROM WARD 2. Mr. Wasserman and Mr. Stadler were given the Oath of Office by the City Attorney and seated on the Council. Their terms are to fill the unexpired terms created by recall elections and will expire May 4, 1982. ITEM 5 - ROLL CALL. Present: Boyd Spencer, Mayor Phyllis Gross, Councilwoman James Smalley, Councilman Lyle Wasserman, Councilman John Stadler, Councilman Kenneth Thompson, City Manager Harold Charney, City Attorney Wauhilleau Webb, City Clerk Absent: None ITEM 6 - ELECTION OF MAYOR. Mr. Charney publicly read his legal opinion, which by reference is made a part hereof, stating that in his opinion the election for Mayor is to be after a general election and not after a recall election as the Mayor was not recalled. Mr. Spencer read the minutes of 2Zay 5, 1981 where he was elected to fill a term as Mayor to expire May 4, 1982. Mr. Spencer asked Mr. Charney if there were any lawsuits would he be furnished with attorney fees and TZr. Charney responded there is a possibility that in a court action he would be covered by the City for attorney fees. Mrs. Gross commented that on May 5th we had no idea there would be a recall election and the people have spoken and if there is a lawsuit he would have to sue every voter. Mr. H. D. Hale addressed Mr. Spencer by com- menting he knows he is an honorable man but he would not even be sitting on the Council if it were not for a technicality and recommended and requested Mr. Spencer to resign as Mayor. Mr. Charney commented to Mrs. Gross he is aware she wants r4r. Spencer removed, and she responded the City needs a new mayor but she thinks he would contribute to the Council. Motion was made by Phyllis Gross, seconded by John Stadler, to appoint Lyle Wasserman as Mayor. Ayes - Messrs. Stadler and Wasserman and Mrs. Gross Owasso City Council Page Two October 6, 1981 Nays - Mr. Spencer Abstain - Mr. Smalley Motion carried. Mr. Spencer requested to go on record that he protests the appointment of a new Mayor as it is not in compliance with the City Charter as the only way a Mayor can 'oe removed is by recall or through the State laws before a grand jury or before a jury for wrong doing or misappropriation of funds or doing things ille- gally. He said he will see the Council in District Court and he is not resign- ing or giving up the Mayor`s position. ITEM 7 - ELECTION OF VICE MAYOR. Motion was made by Boyd Spencer, seconded by James Smalley, to appoint John Stadler as Vice Mayor. Ayes - Messrs. Spencer and Smalley Nays - Messrs. Stadler and Wasserman and Mrs. Gross Motion did not carry. Motion was made by John Stadler, seconded by Lyle Wasserman, to appoint Phyllis Gross as Vice Mayor. Ayes - Messrs. Wasserman and Stadler and Mrs. Gross Nays - Messrs. Spencer and Smalley Motion carried. ITEM 8 - APPOINTMENT OF DEPUTY CITY CLERK. Motion was made by Phyllis Gross, seconded by John Stadler, to appoint Bob Fugate as Deputy City Clerk, with no additional compensation. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Motion carried. ITEM 9 - APPROVE MINUTES OF SEPTEMBER 15, 1981 REGULAR MEETING. Motion was made by Phyllis Gross, seconded by James Smalley, to approve Minutes of September 15, 1981 regular meeting, and by reference are made a part hereof. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross """'` Nays - None Owasso City Council Page Three October 6, 1981 Motion carried. ITEM 10 - APPEAL PLANNING COMMISSION RECOMMENDATION TO DENY REZONING FROM IL LIGHT INDUSTRIAL TO RHM MOBILE HOME. Ms. Dickey, City Planner, explained this is the property where the mobile home park always floods. She said it is in the hundred year and ten year flood plain and the applicant has presented plans to correct the flooding but the Planning Commission does not agree with the plans. Mr. Charney recommended turning it to the City Engineer for his recommendation. Mr. H. D. Hale com- mented if they wanted to spend enough money they can make it dry. Mr. Wasserman recommended having the City Engineer meet with. applicant and give Council an opinion. Mr. Larkin, attorney for applicant, commented if we were rezoning it, it would be necessary to amend the present ordinance but it is an existing mobile home park. Mr. Larkin said for the purpose of record he would like his brief and application which he has submitted to be made a part of the record tonight. Motion was made by John Stadler, seconded by Phyllis Gross, to call a Special Meeting on October 29, 1981, at 7:00 PM to consider Mr. Lloyd Kennedy's appli- cation to appeal Planning Commission's recommendation to deny rezoning and to hear report from City Engineer. Ayes - Messrs. Wasserman, Stadler, Spencer, Smalley and Mrs. Gross Nays - None Motion carried. ITEM 11 - REQUEST FOR CONDITIONAL APPROVAL OF FINAL PLAT FOR OWASSO OFFICE PARK SUBDIVISION. Ms. Dickey commented on Planning Commission's conditions such as waiving the screening requirements along the South edge of the plat and filing of a site plan for each parcel with the application for building permits. Mr. Louis Levy, attorney representing Doctor's Hospital, said the property was purchased by Doctor's Hospital to develop a medical clinic and in the meantime the doctors have left town and "there went the clinic". He said they have attempted to develop the property to benefit the City and Lot 1, Block 1, will become property of the City of Owasso at the applicant's cost. McDonald's has bought Lots 1, 2 and 3 of Block 2. He said they have been eighteen months in getting to this point. Mr. Levy addressed the problem of providing the requested eighty feet of right-of-way-on the South of their property. He said every time they agree to a condition and come back *_o the Planning Commission they get new conditions and some of the conditions, in his opinion, are unreasonable and they have already met forty of the conditions. He stated they have. improved the drainage and Mr. Stadler asked what they have done and was advised they have straightened and widened the channel. Owasso City Council Page Four October 6, 1981 Mr. Mansur commented the project is good for the City of Owasso but there are several serious problems that need to be solved now, such as the title to the street down to the South should be dedicated to the City. Mr. Mansur said in regard to the eighty feet versus the fifty feet, we have a street that does not fulfill proper standards, and access to 76th Street is critical. Mr. Levy said they will rip up the street if the plat is not approved and the property being sold to the City is also contingent upon the approval of this plat. Mrs. Gross asked Mr. Levy if this could be put off until the next Council meet- ing and r1r. Levy said yest. Mr. Stadler asked if they have tried to obtain the additional land and Mr. Levy said they have obtained six feet from Pure Gold which is all that is available and they can get ten or twelve feet from Mr. Willer for utility easements but Mr. Miller will not sell them any additional land for the road. Condemnation was mentioned and Mr. Hale commented if you are going to condemn a man's property the man should be present. . Motion was made by John Stadler, seconded by Phyllis Gross, to continue approval of conditional final plat for Owasso Office Park Subdivision to the October 20, 1981 agenda. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross ~ ~* Nays - None Motion carried. ITEM 12 - REQUEST BY MR. H. D. HALE FOR COUNCIL TO APPOINT REPRESENTATIVES TO MEET WITH HIM TO DISCUSS MUTUAL PROBLEMS. It was agreed Mr. Wasserman and Mrs. Gross would meet with Mr. Hale on Novem- ber 10th to discuss these problems. :1r. Hale asked the record to reflect we are still authorizing negotiations and trying to settle out of court the con- demnation suit. Mr. Charney commented we did agree we would not pursue with the lawsuit although there was some action taken by another attorney, for which Mr. Charney apologized. ITEM 13 - REQUEST BY MR. CHARLES NORTON TO CHANGE HOURS OF OPERATION FOR PRI- VATE CLUBS. Mr. Norton requested the Council's approval for private club hours in Owasso to comply with the State statutes which would allow him to stay open until 2:00 AM seven days a week. Mr. Charney said Tulsa is changing their ordinance to com- ply with the State law. Motion was made by John Stadler, seconded by Phyllis Gross, to continue this item until the City Attorney has time to read and check the new state law and '`""'"` possibly draft an ordinance. Owasso City Council Page Five October 6, 1981 Ayes - Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross Nays - None Motion carried. ITEM 14 - REQUEST BY MR. CHARLES NORTON TO REMOVE NO PARKING SIGNS ON 83RD STREET NnRTH FAST nF NTrNWAY 1hA_ Mayor Wasserman asked Chief Reyes for his opinion regarding these no parking signs and Mr. Reyes said both he and David Wilson have no objection to the removal of the signs. (After the meeting it was clarified that Chief Reyes intended to say they did not object to the signs being removed on the North side of the street.) Motion was made by Phyllis Gross, seconded by John Stadler, to remove the No Parking signs on 83rd Street North, East of Highway 169. Ayes - Messrs. Stadler and Wasserman and Mrs. Gross Nays - Messrs. Spencer and Smalley Motion carried. ITEM 15 - CONSIDER BIDS FOR USED AMBULANCE. r1r. Thompson said we have seen a couple of the ambulances for which we received bids and recommended we send someone to Dallas to see the other units. Martin St. Peter agreed we should look at the other units. Mr. Wasserman recommended that Mr. St. Peter and the City Mechanic go to Dallas to see the units. Motion was made by John Stadler, seconded by Phyllis Gross, to send Martin St. Peter and Steve Reilly to Dallas to inspect the ambulances that were bid and report back to Council their recommendation. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Motion carried. ITEM 16 - RECOMMENDATIONS FOR EMPLOYEE HEALTH INSURANCE PROGRAM. Mr. Thompson informed Council we have six different quotes and as a result of the employee survey the employees favored staying with Aetna. Motion was made by James Smalley, seconded by John Stadler, to stay with Aetna, our current carrier, with the same plan. Ayes - Messrs. Stadler and Smalley Nays - None. Owasso City Council Page Six October 6, 1981 Abstain - Messrs. Wasserman and Spencer and Mrs. Gross Motion carried. ITEM 17 - REQUEST TO SELECT A CONSULTING ENGINEERING FIRM TO PERFORM ENGINEER- ING SERVICES FOR CITY. Motion was made by James Smalley, seconded by Phyllis Gross, to appoint Mansur- Daubert-Williams as City Engineer. Ayes - Messrs. Stadler, Smalley, Wasserman and Mrs. Gross Nays - Mr. Spencer Motion carried. ITEM 18 - REQUEST TO LEASE CITY OWNED PROPERTY FOR TARGET RANGE. ., Mr. Thompson felt there is a need for a target range for the Police Officers and interested citizens but would recommend it be sanctioned by the National Rifle Association. He commented noise would be a problem. Mr. Wasserman felt we do need a target range but they should show the city how they plan to lay it out and what our responsibility would be and what rules and regulations they would have set up. „ ,,~ Steve Reilly commented the City parks a lot of valuable equipment in that area and the number of people going through there would have to be regulated as we already have a problem with people entering the area. Mr. Stadler said Mr. Barnes contacted him regarding the range and also talked to Howard Stamper and they limit all firearms to hand guns and shotguns and to members only which the Tulsa Police Department are all members. He felt we would probably be sticking our necks out and we should only allow paper targets. Mrs. Gross recommended seeing if it would be sanctioned by NRA and then have proper plans presented to the Council. It was decided sanctioning and plans should be brought to the City Manager then placed on the agenda at that time. ITEM 19 - REQUEST FOR LOADING ZONE IN FRONT OF RYTHMIC MOTION DANCE STUDIO AT 7 NORTH MAIN. Mr. Thompson recommended approving a twenty foot loading zone and Mr. Stadler and Mrs. Gross questioned if we might be setting a precedent down Main. Street by allowing this loading zone. Chief Reyes said they have a parking lot and he would not recommend a loading zone. Motion was made by Lyle Wasserman, seconded by John Stadler, to deny request for a loading zone in front of Rythmic Motion Dance Studio at 7 North Main. Ayes - Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross .. Nays - None Owasso City Council Page Seven October 6, 1981 Motion carried. ITEM 20 - RECOMMENDATION FOR REVISED EMPLOYEE PAY PLAN. Mr. Thompson explained this does not mean any pay increases it just gives us a broader pay scale. He said the EMT has been eliminated as it is now in the Fire Department. Motion was made by Boyd Spencer, seconded by Lyle Wasserman, to approve revised Employee Pay Plan as recommended by City Manager and which by reference is made a part hereof. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Motion carried. ITEM 21 - REQUEST TO ADVERTISE FOR BIDS FOR FLOOR CLEANING MACHINE FOR RECREA- TION CENTER. Mr..Thompson explained we have $4,000.00 in the Revenue Sharing budget for this machine. Mr. Williams also commented we need to reseal the floor at the Recrea- tion Center. Motion was made by Boyd Spencer, seconded by John Stadler, to authorize adver- tising for bids for a floor cleaning machine. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Motion carried. ITEM 22 - ORDINANCE N0. 311 AUTHORIZING USE OF ABSENTEE BALLOTS IN CITY ELECTIONS. Motion was made by Boyd Spencer, seconded by Lyle Wasserman, to approve Ordi- nance No. 311 authorizing use of absentee ballots in City elections, and by re- ference is made a part hereof. Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Motion carried. Motion was made by Boyd Spencer, seconded by James Smalley, to approve Emergency Clause to Ordinance No. 311. Ayes - Messsrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Owasso City Council Page Eight October 6, 1981 Motion carried. ITEM 23 - ORDINANCE N0. 312 REGULATING HOURS FOR PRIVATE CLUB OPERATION. This item was stricken from the agenda as Item 13 replaces it. ITEM 24 - PROGRESS REPORT ON IMPROVEMENTS TO JUNIOR HIGH SCHOOL PARKING LOT. Mr. Thompson explained we are waiting for the County to come in with their hot- mix equipment and we are at their mercy as it is free, except for the material, so we can't be too demanding. He said the location is North of Ator Elementary and the County promised they would get to it before winter. P4r. Spencer said it has been over a year and a half. Mr. Stadler asked if the planned repair will hold up under the trash trucks and Mr. Thompson replied he doubted it. Mr. Stadler also questioned why it is the City's liability and Mr. Thompson said he could not answer that question. Mr. Wasserman said we need a four inch over- lay as two inches is not adequate. Mr. Charney also questioned why the City is paying for the school's repairs. Mr. Wasserman directed the City Manager to request the school to pay half of the repairs. ITEM 25 - PROGRESS REPORT ON DRAINAGE IMPROVEMENTS IN 300 BLOCK OF NORTH BIRCH. Mr. Williams said Dave Jacobs is under a verbal contract on this item but has not completed it as of this date. ITEM 26 - ORDINANCE REPEALING ALL SECTIONS OF CITY CODE WHICH CREATED THE DE- PARTMENT OF PUBLIC SAFETY. Mrs. Gross commented she feels the people shodld have an opportunity to vote on a change of this nature and it should be placed on a ballot. Mr. Smalley ques- tioned what they are wishing to change and how will it affect the employees and Mr. Wasserman explained the Police Chief will run the Police Department and the Fire Chief will run the Fire Department and the Ambulance Department will be under the Fire Department. He said the uniforms would change. Susan Young said she is disappointed we are changing as it will be a great cost and the trend now is to go into consolidation. It was discussed publicizing the costs of going into the Department of Public Safety and the cost of going back to the individual departments. Mr. Thompson said if they have a separate Ambulance Department it will create a new expense of approximately $80,000.00. Mr. Charney said if we immediately repeal the ordinance creating the Department of Public Safety we will be left without any law enforcement. Mr. Charney was directed to have the ordinance prepared for the October 20th meeting. ITEM 27 - APPROVE WARRANTS FOR PAYMENT. Motion was made by Boyd Spencer, seconded by James Smalley, to approve Warrants 465 through 647, EXCEPT Warrant 641, for a total of $85,556.49, and Park Devel- opment Warrant 3-82 for $42.00, authorize Mayor to sign same, and by reference are made a part hereof. Owasso City Council Page Nine October 6, 1981 Ayes - Messrs. Wasserman, Spencer, Smalley, Stadler and Mrs. Gross Nays - None Motion carried. ITEM 28 - NEW BUSINESS. Item Mrs. Gross requested for the next meeting a list of vacancies on all Council appointed Boards. She also requested checking into repairing the speaker system. Item Mr. Spencer commented he felt 5:00 PM on Thursdays should be the cut-off for items to be placed on the agenda. Mr. Wasserman directed this matter be placed on the next agenda for approval. Item Mr. Charney requested everyone to support to new Council. He said Mr. Spencer has taken a beating tonight and he personally feels Mr. Spencer has " worked like a dog" for the City with no pay and he wants to go on record as thanking him for the service he has done for the City. Being no further business before the Owasso City Council, Chair adjourned at 10:50 PM. ~t1 Lyle L. Wasserman, Mayor ~ ~ ~~ Wauhilleau Webb, City Clerk