Loading...
HomeMy WebLinkAbout1979.06.19_City Council MinutesOn Tuesday, June 19, 1979, the Owasso City Council met in regu- lar session, in Council Chambers at City Hall, per Notice of Public Meeting and Agenda posted on City Hall Bulletin Board at 4:00 PM on June 18, 1979, and by reference made a part hereof. Present: Boyd Spencer, Mayor Don Thompson, Councilman Robert Wrestler, Councilman Al Lambert, Councilman Harold Charney, City Attorney Wayne Meyer, City Manager Wauhilleau Webb, City Clerk Absent: Robbie Fickle, Vice Mayor The meeting was called to order at 7:06 PM, with Mayor Spencer presiding. ITEM 1 - APPROVE CONSENT AGENDA ITEMS Motion was made by Robert Wrestler, seconded by Al Lambert, to approve Consent Agenda items, as follows, pulling Items 4, 6 and 8, as published in the Owasso Reporter on June 14, 1979, and by reference made a part hereof. 1. Approve Minutes of June 5, 1979, Meeting 2. Approve Warrants for Payme nt 3. Approve Ordinance No. 261 Adopting BOCA Building Code 5. Approve Ordinance No. 262 Adopting BOCA Plumbing Code 7. Approve Ordinance No. 263 Adopting BOCA Mechanical Code Ayes - Messrs. Spencer, Wrestler, Lambert Nays - None Abstain - Mr. Thompson Motion was made by Robert Wrestler, seconded by Al Lambert, to approve the following items which were pulled from the Consent Agenda: 4. Approve Emergency Clause to Ordinance No. 261 6. Approve Emergency Clause to Ordinance No. 262 8. Approve Emergency Clause to Ordinance No. 263 Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None Mr. Thompson again expressed his dislike for the Emergency Clause on this type of ordinance. Owasso City Council June 19, 1979 Page Two ITEM 2 - APPROVE ADDITIONAL WARRANTS FOR PAYMENT Mr. Thompson questioned the amount of warrants for soft drinks, in comparison with income shown on the financial statement. He commented something should be done immediately to correct this difference. Motion was made by Don Thompson, seconded by Robert Wrestler, to approve additional warrants for payment, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None ITEM 3 - APPROVE ORDINANCE N0. 258 AMENDING PRESENT CEMETERY C1RTITT~TAT~1('F City Attorney advised Council the Ordinance was prepared to con- form to the Oklahoma State law, although he did not include the perpetual care fund or provide for a Cemetery Board. It was questioned if the price of spaces should be included in this ordinance and Mr. Charney recommended prices not be included in the ordinance, but be done by resolution. Motion was made by Don Thompson, seconded by Al Lambert, to ap- prove Ordinance No. 258 amending present cemetery ordinance, and by reference made apart hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - :None Motion was made by Don Thompson, seconded by Robert Wrestler, to approve Emergency Clause to Ordinance No. 258. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None ITEM 4 - CONSIDERATION OF ORDINANCE ON FENCING SWIMMING POOLS BY CITIZEN RHONDA ROUSE Mrs. Rhonda Rouse, 315 North Elm Place, Owasso, was present to request City Council to adopt an ordinance requiring fencing around swimming pools. Mr. Charney commented his opinion is a swimming pool is an "attractive nuisance" and the property owner `~` would be liable in the event of an accident. He stated he also feels parents have their responsibility in watching the children. Owasso City Council June 19, 1979 Page Three Mrs. Rouse said the pool she is specifically referring to is di- rectly across from Rayola Park where children can go to it very easily. Mr. Charney requested this item be tabled to the July 3rd meet- ing to give him time to see if this item is covered in the new BOCA Building Code adopted at this meeting: ITEM 5 - DISCUSSION ON RAILROAD SPUR FROM CHEROKEE INDUSTRIAL DISTRICT TO A.T. & SF RAILROAD BY INDUSTRIES FOR TULSA, INC. City Planner, Jack Gorzeman, explained to Council that Indus- tries for Tulsa came to him regarding their desire to build a spur to service the Cherokee Industrial District. Mr. Gorzeman said it does not require any action by the City Council but it will need to go to the Board of Adjustment for the approval of a variance and it does conform with the Owasso Comprehensive Plan. It was explained to Council that all property owners would be notified by public notice at the time it goes before the Board of Adjustment. Mr. Marvin Wynn with Industries for Tulsa presented the Council with their brochure. He said the track would be completely fenced. Mr. Thompson asked why the track will dogleg rather than just go straight through the flood plain, which would eliminate it going near a planned residential area. Per. Daubert answered that there were two reasons. One was the grade and alignment. The other was they want to cross a flood plain just as little as possible and the fill would make it very costly. Mr. Wynn also commented that Santa Fe said they were not going to take over another railroad in a flood plain. Mr. Steve Norling, a repre- sentative with Santa Fe, said they would be servicing the indus- trial district during the daytime to avoid nighttime noise polution. Mr. Gorzeman commented that the Owasso Comprehensive Plan recognizes that the residential area Mr. Thompson is re- ferring to might be changed at a later time to industrial. Mr. Wrestler asked who will maintain the railroad to which Mr. Wynn replied Santa Fe would take care of mowing and other main- tenance. Mr. Thompson then asked how they intend to cross 76th Street and the Santa Fe representative said by grade and not with signal lights. He said it will be a limited usage spur and not a main line and the trains would be traveling about 15 MPH. Mr. Norling said if at a later time it was decided the traffic load war- ranted a signal it could be installed. Mr. Charney replied if Owasso City Council June 19, 1979 Page Four we do not get the signaling now it will be very difficult to get it later. Mr. Thompson commented he agreed it would be diffi- cult and he hated to see it go in at grade. Mr. Wynn said if they put the signaling in now it would have to be taken out and moved when 76th Street was improved. 1"Ir. Charney suggested the Council could direct Mr. Gorzeman to express their desire for a signal light when this item would go before the Tulsa Board of Adjustment . Mr. Wynn said he is concerned with dollars and they will be building the railroad and then giving it to Santa Fe and a lot of extra expense would be involved in signaling for only one train a week. Mr. Lambert questioned how many men will be on the train when it leaves on the spur for the industrial district. Mr. Norling re- plied four men will be on the train. When Mr. Norling commented one of these men would be used to stop the traffic it created a different attitude from City Council as it was not understood by Council that this safety feature would be utilized. Mayor Spencer said he knows Santa Fe does stop in Tulsa at spur cross- ings. ITEM 6 - APPROVE ORDINANCE N0. 264 ON APPROVED ZONING CASE OZ-45 Motion was made by Don Thompson, seconded by Robert Wrestler, to approve Ordinance No. 264 on zoning case OZ-45, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None ITEM 7 - APPROVE SUPPLEMENTAL APPROPRIATION - GENERAL FUND 1978- Motion was made by Don Thompson, seconded by Al Lambert, to ap- prove Supplemental Appropriation for General Fund 1978-1979, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None ITEM 8 - RECEIVE AND FILE FINANCIAL STATEMENTS FOR MAY 1979 Again Mr. Thompson mentioned that the income on the softdrinks """'= as compared to the expense looked bad and directed City Manager to study situation. Owasso City Council June 19, 1979 Page Five Motion was made by Robert Wrestler, seconded by Al Lambert, to accept the May 1979 Financial Statement, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None ITEM 9 - APPROVE PERSONNEL ACTIONS AS SUBMITTED BY CITY MANAGER Motion was made by Don Thompson, seconded by Al Lambert, to ap- prove personnel actions as submitted by City Manager, and by reference made apart hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None ITEM 10 - APP ROVE GOING. OUT ON BID FOR CLEANING SERVICE ON CITY HALL AND COMMUNITY CENTER Mr. Meyer advised Council that the City needs a contract as we do not have a contract with the present cleaning company. Mr. Thompson asked if management is satisfied with the job the pre- sent people are doing and Mr. Meyer replied no, and he has let them know about the problems. Mr. Thompson also commented that we will have difficulty contracting someone at the low price we are now paying. Mr. Thompson questioned if the City has grown to the point we might need a full time maintenance and custodian person for the City Hall complex, Community Center and Recreation Center. Mayor Spencer said he didn't think we needed that person. Mr. Meyer commented it is cheaper to work on a contractural basis where we did not have to pay taxes and benefits. Bill Williams asked if Council could include in the bid specifications the Recreation Center and that would eliminate one man down there that is doing mainly just maintenance. Mr. Meyer replied he felt staff should continue maintenance at the Recreation Center at this time but that might be considered in the future. Motion was made by Robert Wrestler, seconded by Al Lambert, to approve going out on bid for cleaning service for City Hall and Community Center. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None Owasso City Council June 19, 1979 Page Six ITEM 11 - APPROVE CONTRACT WITH COUNTY TO IMPROVE DRAINAGE DITCH ON WEST SIDE OF MINGO VALLEY EXPRESSWAY BETWEEN 76th STREET NORTH AND 4th STREET IN OWASSO Mr. Thompson commented he was concerned with the 24 months in the agreement to which Mr. Meyer replied he was also concerned but they will not bend on it. Mr. Meyer said PZr. Jordan, the County Engineer, did refer to next spring for the project but had no projected plans. Mr. Charney commented the agreement appears to be just a "Gentlemen's Agreement". Mayor Spencer said Commissioner Harris told him as soon as the agreement was accepted they would plan to begin work sometime in the middle part of this summer. Mayor Spencer said he also does not like the 24 months in the agreement. Mayor Spencer was con- cerned that the County does not intend to begin anytime soon as he knows they have not contacted Ray Bailey regarding right of way. Mr. Thompson referred to the agreement where it says the City of Owasso is to contact property owners for right of way. Mr. Charney said that is correct, and referred Council to Sec- tion 5 of agreement that reads "The tasks which the City pro- mises and agrees to undertake, complete and bear the costs of are as follows: (a) secure and pay for, any and all necessary right of way, easements, licenses, etc., which may be required." Mayor Spencer said he had understood all the City would be out is for the rip-rap. Mr. Charney said perhaps the City could get the necessary ease- ments donated. Mayor Spencer said there are only two indivi- duals involved to require these easements. Mr. Thompson sug- guested the Council meet with Commissioner Harris collectively and put a little pressure on him that the City cannot live with the proposed contract. Mayor Spencer said it could be tried and he directed City Clerk to make an appointment with Commissioner Harris, at the Commissioner's convenience, preferably in the evening. Mayor Spencer tabled this item until after the meeting with Commissioner Harris. ITEM 12 - APPROVE 1979-1980 CONTRACT WITH MANSUR-DAUBERT-WILLIAMS Mr. Meyer called to Council's attention that the rates have in- creased over last year. Mr. Thompson asked Mr. Williams and Mr. Meyer if they are satisfied with r~Iansur-Daubert-Williams, to which both replied yes. Mr. Meyer said the important question is if Council is satisfied. Mayor Spencer commented when we have needed something they have always been glad to help. Mr. Thompson said there have been a couple of times he has not been "'~'"" pleased but they are most cooperative when we need them. Owasso City Council June 19 , 1979 Page Seven Motion was made by Don Thompson, seconded by Al Lambert, to ap- prove 1979-1980 Contract with Mansur-Daubert-Williams. due to their knowledge of the City of Owasso, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None OLD BUSINESS: ITEM 13-1 - APPROVE BRINGING FROM TABLE CONSTITUTION AND BY-LAWS OF SENIOR CITIZENS ADVISORY BOARD Mr. Meyer said he felt very strongly the Council should approve the policies of this Board, as the Board is appointed by the City Council, and this Council on Aging controls the Senior Cit- izens' program. Mr. Charney said do we have the power to create this Board by an ordinance, which seems to be necessary as said Board is a branch of the City government. Mr. Charney felt per- haps the rules and regulations should be established by an ordi- nance rather than by constitution and by-laws. Mr. Charney wants to look into it and said he will possibly draw up an ordi- nance and have a work session with Council on it. ITEM 13-2 - APPROVE BRINGING FROM TABLE APPOINTMENT TO PERSONNEL BOARD Motion was made by Robert Wrestler, seconded by Don Thompson, to appoint Gary D. Pritchard, 406 E. 21st Court, to fill the June 30, 1979, unexpired Personnel Board term of Les Scarbrough, and the following term of office to expire June 30, 1982. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None NEW BUSINESS ITEM 14-1 - APPROVE CONTRACT WITH KEN KITE FOR YARD MAINTENANCE n o 0 FOR 979-1980 ~ rt m x w •• w~ Council questioned watering during Mr. Kite's regular working pro hours and all were in agreement it should not be done during his ~~b ~ regular working hours. Mayor Spencer said he felt this work ~ ~' should be done under the Public Works Director and not on a con- ~ a.o tract. Mr. Thompson commented how nice City Hall looks since ~ ~ Mr. Kite has been doing the yard maintenance. ,..t ~c w Owasso City Council June 19, 1979 Page Eight Motion was made by Don Thompson, seconded by Al Lambert, to ap- prove contract caith Ken Kite for yard maintenance for 1979-1980, and by reference made a part hereof. Ayes - Messrs. Thompson, Wrestler, Lambert Nays - Mr. Spencer NEW ITEM Don Thompson mentioned needed control with speeding motorcycl- ists on the road by Skate Ranch. He suggested City Manager have that part of the road blocked which is not public. Mr. Charney said we cannot do anything as it is not City property, it is private property. Mr. Thompson felt property owner would coop- erate with the City in some control measures. Mr. Meyer said we have that same problem at Elm Creek Park. Mr. Charney ad- vised unless the City declares it a public nuisance we cannot do a thing. NEW ITEM Mr. Thompson asked Mr. Williams what has been resolved on the streets in Hale Acres. Mr. Williams replied, nothing. Mr. Williams said he has talked with ?'Ir. Hale and Mr. Hale has been informed he will build streets according to City requirements. Mr. Hale's reply to Mr. Williams was he has agreement on Hale Acres II set by a previous Council prior to his annexation that he plans to use, whic'n are not in compliance with present City code. The question was if the previous agreement would be null now that the area has been annexed into City limits. City Attorney said he would need to study it. Being no further business before the Owasso City Council, Chair adjourned at 9:25 PM. MAYOR ,.~. ~~1~~ cam.». ~ ~r.~. ~.~ ~~~~~~~C CITY CLERK