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HomeMy WebLinkAbout1979.08.07_City Council MinutesOn Tuesday, August 7, 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 4:20 PM on August 6, 1979, and by reference made a part hereof. Present: Boyd Spencer, Mayor Don Thompson, Councilman Robert Wrestler, Councilman Al Lambert, Councilman Wayne Meyer, City Manager Harold Charney, City Attorney Wauhilleau Webb, City Clerk Absent: Robbie Fickle, Vice Mayor The meeting was called to order at 7:02 PM with Mayor Spencer presiding. ITEM 1 - FIRST PUBLIC HEARING ON PROPOSED USE OF REVENUE SHARING FUNDS. City Manager presented the Council with his proposed budget for the 1979-1980 Revenue Sharing funds and read same publicly, and made an official part hereof. Mr. Meyer said now the public and City Council should also make proposals of use of Revenue Shar- ing funds. Mr. Spencer said h~e would like to ap_p1y $50,000.00 on the new water line coming from Tulsa. Don Thompson asked Bill Williams what he estimates it would cost to replace the 2" water lines discussed in the July 23rd Emer- gency Meeting which we anticipate to be a problem in the near future. Mr. Williams said approximately $60,000.00. Mr. Thomp- son said he would like to set some money aside for those lines, to begin updating them. Mr. Wrestler asked the status of updating the City atlas on the water lines and Mr, Meyer replied that service will come from TMAPC at no extra cost to the City. H. D. Hale, citizen, asked what it cost us to get this money to which Mr. Meyer replied it only costs us the required publica- tion costs. Mayor Spencer said we have got to have another ambulance and it is more important at this time than the 22 ton truck for the Fire Department. Mr. Meyer asked Chief Shouse and his firemen to explain this need. Volunteer Fireman Horst said the truck was given to us through INCOG and it is a 1947 model and the rods are ready to go out of it and we need it for a backup water supply or the City will be in trouble. Chief Shouse and Fireman Hasting also spoke in need of the tanker. Owasso City Council August 7, 1979 Page Two Mr. Thompson asked Mr. Mallory what other cities have cardiac monitors and Mr. Mallory replied Skiatook has two, Collinsville has two and Claremore has one. Mr. Thompson asked what they actually do and Mr. Mallory said they pressure heart scans and advise hospitals on what they have at the scene as it runs a tape out and the hospitals can advise what drugs or medication should be administered at the scene which can save around 20 minutes in saving a patient's life. Motion was made by Don Thompson, seconded by Robert Wrestler, to set the second and final public hearing for 1979-1980 Revenue Sharing funds for September 18, 1979, at 7:00 PM. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None Motion passed. ITEM 2 - PUBLIC HEARING ON DECLARED PUBLIC NUISANCES Mayor Spencer read what lots remain unmowed, same being made a part hereof. H. D. Hale addressed Council and said Mayor Spencer had told him the Council is a hard working and conscientious Council, but Mr. Hale said he found that difficult to believe when he takes a look around and sees weeds everywhere and sees he is the only one to which the City has pointed a finger. Mr. Hale presented the Council with photographs of other property in the City that needs mowed, of which a great deal is City property and City right-of-way. Mr. Hale also commented he felt our procedure was quite illegal according to the open meeting law. He also said the posting of the property was trespassing. Mr. Hale said all property owned by him had been scheduled for mowing before the City ever advised him a problem existed with weeds. He said anytime the City had anything to say about him or his property they had better notify him so he can be pre- sent. He said he received his notice of the public hearing one day after the hearing. He said what he was saying is "treat us all alike, but single me out and you are going to see me raise hell". He said the area unmowed is under construction and he has no intention of mowing it. Councilman Thompson asked Mr. Hale if the law catches him going 75 in a 55 mile zone and the man in front of him was going 75 and was not stopped but he was, who still gets the ticket. Mr. Hale said "I'll give you the answer you want and say I will". ~z Owasso City Council August 7, 1979 Page Three Mr. Thompson said you may have issued orders to have it mowed but it did not get done. Mr. Charney told Mr. Hale we are not singling you out, but peo- ple came to us about your property and we must enforce it and I will not let you believe the City cannot touch you and that you are exempt from City rules. I must defend this Council. The burden upon this City Council makes it impossible to get every- thing done, such as what had to be set aside when we had 29 water breaks in a matter of a few days. If you wish to ignore this public nuisance, the City can mow it and send you a bill. Mr. Hale said: "go ahead, it zaon't cost you as much". There was no one present to respond to the other two pieces of property. ITEM 3 - PRESENTATION OF AWARD City Manager made a presentation to the Volunteer Firemen for all the many hours they put in while the Fire Department staff was shorthanded. ITEM 4 - APPROVE CONSENT AGENDA ITEMS ITEM - APPROVE ADDITIONAL WARRANTS FOR PAYTIENT ITEM - PPROVE PERMANENT FORECLOSURE OF EASEMENT AT LOT 15, BLOCK 8, GREENLEES ADDITION ITEM 12 - APPROVE RESOLUTION N0. 79-08 DEFINING SERVICES AND FUNDING BETWEEN TMAPC, CITY OF OWASSO AND THE COUNTY COMMISSION Motion was made by Don Thompson, seconded by Al Lambert, to ap- prove Consent Agenda items, as follows, as published in the Owasso Reporter on August 2, 1979, and Items 6, 8 and 12 of the agenda, and by reference all made a part hereof: 1. Approve Minutes of July 17, 1979, Regular Meeting. 2. Approve Warrants for Payment. 3. Approve Fire Run Contract with MFA Insurance; Property Owner W. P. Barber. 4. Approve Ordinance No. 269 Adopting BOCA Housing Code. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None Motion passed. Owasso City Council August 7, 1979 Page Four ITEM 5 - APPROVE EMERGENCY CLAUSE TO OP.DINANCE N0. 269 P•4otion was made by Robert Wrestler, seconded by Al Lambert, to approve emergency clause to Ordinance No. 269. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None Motion passed. ITEM 7 - APPROVE AWARDING BID FOR CLEANING OF CITY HALL AND COM- MUNITY CENTER Councilman Thompson left the room for the discussion of this item as his son, David Thompson, is a bidder. Mayor Spencer advised bids had been opened by him in the City Manager's office on August 6, 1979, and read same publicly: Pat Do dwell P. 0. Box 506 Owasso, Oklahoma 74055 Commercial & Home Cleaning 237 S. 102nd East Avenue Tulsa, Oklahoma 74128 David Thompson 111 West 7th Owasso, Oklahoma 74055 Shirley Fry 206 North Elm Place Owasso, Oklahoma 74055 $885.00 for Both Buildings $475.00 city Hall $475.00 Community Center $950.00 $450.00 City Hall $373.00 Community Center $823.00 $499.00 City Hall $424.00 Community Center $923.00 Mayor Spencer said the low bid did meet specifications; that low bidder being David Thompson at $823.00. Mr. Wrestler asked if we have any legal problems with awarding this bid to a Councilman's son and Mr. Charney replied it is legal as he is an independent contractor. Mayor Spencer agreed it was legal but was concerned as the bad thing he saw about it was that it was a second bid opening and the first bids were known. David Thompson addressed the Coun- cil that all bidders knew the first bid as it was public record on the minutes, of which he obtained a copy from City Clerk:. Mayor Spencer said he certainly was not criticizing David but Owasso City Council August 7, 1979 Page Five he was protecting himself in the minutes that his own personal opinion is that it looks bad on the second bid opening. Motion was made by Al Lambert, seconded by Boyd Spencer, to ap- prove awarding bid for cleaning of City Hall and Community Cen- ter to the low bidder, David Thompson, in the amount of $823.00 per month, and by reference made a part hereof, same being an effective date of September 1, 1979 through June 30, 1980. Ayes - Messrs. Spencer, Wrestler, Lambert Nays - None Abstain - Mr. Thompson from being absent from room Motion passed. Mr. Thompson returned to the Council Chambers at this time. Chair recessed Owasso City Council at 8:05 PM. Chair reconvened Owasso City Council at 8:11 PM. ITEM 9 - APPROVE WAIVING PLAT REQUIREMENTS ON CREWS LUMBER Mr. Gorzeman, City Planner, advised Council it was requested by applicant that the platting procedure be waived and the submit- ted site plan be approved. Mr. Gorzeman said it is actually more than the Planning Commission even requested and he has sub- mitted a total site plan. This procedure does save the appli- cant money and time. Mr. Gorzeman further advised Council that it has been approved by the Planning Commission subject to the chain length fence being a solid wood fence, and applicant has met all other conditions. Mr. Thompson asked why the Planning Commission is recommending this route which deviates from normal procedure. Mr. Gorzeman said it is justified in this case as it is important to get a hold on this lot for access points, parking and internal as- pects of the building and it gives the City abetter insight as to what he is going to do with the property. Mr. Gorzeman ex- plained it would not be filed with the County Court House and it would still be under control of the City of Owasso. Mr. Thompson was concerned with setting a precedent but Mr. Gorzeman said he and the Planning Commission feel that this is justified, but we certainly would want to be careful and not set a prece- dent. Mr. Gorzeman said their only concern is providing visual seperation on the North and West for future and present land uses. Owasso City Council August 7, 1979 Page Six H. D. Hale, citizen, commented: "The only record we have of the intent of what is going on is this record and the City has some trouble in keeping records and it should be filed at the County Court House". Jim Crews addressed Council that he has gone through all the necessary requirements for annexation and zoning and had asked Mr. Gorzeman what he needed to do next to acquire a building permit faster than through the routine way. Mr. Crews said he desiresthe chain length fence for security reasons and the buildings are separated for fire protection and they have sprinkler systems. He further commented he could put up a wood fence cheaper than the chain length fence but it is a match stick and easy to hide behind for vandalism and it would mess up his sterilized strip. Mr. Thieseen representing the Menn~ cern regarding the fence was trash has looked at P•Zr. Crew's plans and with the buildings located as they Theissen said in view of that, the to the chain length fence. mite Church said their con- and appearance. He said he all that the church can see are is just a 20' area. Mr. Church is not in objection Motion was made by Boyd Spencer, seconded by Don Thompson, to approve waiving plat requirements on Crews Lumber. Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Nays - None Motion passed. ITEM 10 - CONSIDERATION OF RIO VISTA FINAL PLAT City Manager read letter from City Engineers. recommending the approve subject to certain deficiencies, that letter made a part hereof. City Planner and Planning Commission recommends the ap- proval according to Mansur-Daubert-Williams letter. Mr. Wrestler questioned why curb cuts are not shown. Mr. Gorzeman replied the plat should be more legible but it shows curb cuts with one off Garnett and one off 86th Street North. ,~.. Motion was made by Robert Wrestler, seconded by Al Lambert, to approve Rio Vista final plat subject to satisfying deficiencies mentioned in Mansur-Daubert-Williams letter of August 7, 1979, and by reference made a part hereof . "'~"'"" Ayes - Messrs. Spencer, Thompson, Wrestler, Lambert Owasso City Council August 7, 1979 Page Seven Nays - None Motion passed. ITEM 11 - DISCUSSION ON ROADS AT EAST 114TH STREET NORTH AND NORTH 0 TH EAST AVENUE City Attorney commented he, H. D. Hale, Wayne Meyer, Boyd Spencer and Bill Williams had met in a work session for four hours and came up with a compromise agreement to try to solve this matter without going to court. Mr. Charney explained the basic con- tention is if his roads should only be built by County standards or should they be brought up to City standards since he was annexed. Mr. Charney felt since the roads were 90% completed at the time he was annexed the Courts would probably allow the County standards, but new houses constructed must meet and con- form with our City codes, to which Mr. Hale agreed he would con- form. Mr. Charney said he would not issue any final permits until streets are brought up to County standards. Mr. Charney said Mr. Hale had 235 prepaid sewer taps. Mr. Charney said he would recommend we agree we would make no fur- ther sewer allocations up there and declare a three year sewer moritorium, unless system is updated prior to the end of the three years, and the agreement would then be null and void, or at the end of the three years the City would buy back Mr. Hale's unused sewer taps at the price he paid for them. Mr. Hale said he did not want roads in immediately where he agreement to build streets in Mr. Hale said the bids he has close to City standards. City Council to think he would put has vacant lots, but he is in accordance with County standards. for County standards are very Mr. Hale also said the reason for the addition being as it is, they are big lots and curbing, guttering and sidewalks cost the people money they would rather put into their house. Mr. Hale said they will immediately begin to complete the road- way North and South in front of the six houses in accordance with County standards, and he wants the City to install the water meters he has paid for. Mr. Hale asked the Council to accept this agreement about the "old contract and old problems relative to the sewer line" and also be helpful to these six families to get moved in. Mr. Charney interrupted at this point and said: "Now, H.D., our agreement was we had one family in distress, not six Owasso City Council August 7, 1979 Page Eight families. Isn't that why you understood, Wayne?" Mr. Meyer replied: "One person could move in that was in need but the streets will have to be done before the other families can move in, that is what we all agreed". Mr. Hale said he would not have spent four hours trying to get one family in and added: "I see no reason the City cannot do this for all six families". Mr. Charney responded: "Don't blame us, you are the one that did not complete the streets". Mr. Hale said: "I tried to work this out with the City on April 14, 1978, and am still being denied service". Mr. Charney said: "We are not denying service, we are just requesting you bring your City requirements up to standards, but we are still turning our head to just allow this one family to move in". Mr. Wrestler asked if he understood correctly in that Mr. Hale had submitted a plat to the County then came to our Planning Commission and they approved it. Mr. Charney said that is cor- rect, but the problem is you cannot come into the City with any special exceptions and conditions as he was allowed to do with a previous City Attorney and City Council when he was annexed. Mr. Hale's reply to this was he just brought his plans to the City as a courtesy since he would be on City water and sewer. Mr. Wrestler asked Mr. Hale why curbing and guttering were put in part of the addition where the trailers are located, to which i'Ir. Hale replied because they are smaller lots. Mr. Hale said he could put up a $500.00 bond for each house. Mr. Charney asked how many unused sewer taps he had, to which Mr. Hale said 36. Mr. Williams disagreed that it was more like 17. Mr. Charney told Mr. Hale he wanted a guarantee when the streets would be completed. Mr. Hale said he could agree to forty days as he has been told by Eddie Proctor that the contractor said it could probably be done in twenty days. Mr. Williams asked if he should stay out of there regarding in- spections if it is to be County standards. Mr. Charney said emphatically "no, do not stay out". Mr. Hale said the County would be making the inspections but he would invite our Inspec- tion Department up. Again Mr. Hale said he would put up a bond and get the streets in front of the houses as soon as possible. Mr. Charney asked if this bond would protect the City. Mr. Williams said he did ""' not think so, it only agrees the streets will go in, not pro- tect us. Owasso City Council August 7, 1979 Page Nine Mr. Thompson said: "You knew 90 days ago six houses were being built, why didn't you start the streets then instead of asking the City for special waivers to accomodate you"? Mr. Proctor answered by saying he was told by Bill Williams the streets would be torn up if they were put in prior to house construction. Mr. Hale asked why the City did not point the street problem out to him when he got his building permits. Don Thompson asked Mr. Hale: "Why do you so vehemently disagree in putting in the streets according to City standards when you have admitted there is very little cost difference"? Mr. Hale replied because the streets had already been started according to County specifications. Mr. Lambert asked: "How long have you been buildin~ out there?" Mr. Hale said: "Since 1966". Mr. Lambert added: 'Well, things do change with time". Mr. Charney again explained that when Mr. Hale came into the City he came in only under certain conditions and he does have it all documented that it was agreed to by a previous Council. Mr. Williams commented that the day after a building permit was issued to Mr. Hale on a house that a letter was sent that the streets would have to be built according to City requirements. Chair recessed Owasso City Council at 9:44 PM. Chair reconvened Owasso City Council at 9:49 PM, Mr, Hale said he will enter into a contract with his contractor to build the roads and furnish City with a copy of the contract and guarantee the roads to be done in forty days and also post a bond for $5,000.00. Mr. Spencer asked about the two houses facing North to which Mr. Hale said they will be put in also. Mr. Spencer pointed his finger to Mr. Hale and said: "You know that when you put the street on the north side of those two houses that you are through with it and you will do no more for several years". Mr. Hale did not reply but Mr. Proctor did re- spond to that by saying he has plans to build six more houses there himself next year, Mr. Spencer said: "I am going to go along with this but you must live up to your part of the agreement or I don't want to see you again". Mr. Hale dictated the following agreement which he said he would like signed between himself and the Mayor before leaving this evening: "I agree that on the six houses in question that I will Owasso City Council August 7, 1979 Page Ten enter into a contract with a paver to install streets in front of the six houses in question and up to the driveways of the two houses facing North on 114th Street. I will enter into a contract as soon as I can get a man there and will furnish the City a copy of the contract wherein the man has guaranteed to me to put in the streets in accordance with County specifica- tions. The contract will provide the man will not get paid until it meets those specifications. I will furnish the City with a $5,000.00 performance bond drawn in favor of the City of Owasso for that sum and guarantee that the work will be per- formed within forty days." Mr. Hale was continuing to dictate the proposed agreement when Mr. Charney interrupted at this point that it must be speci- fied when the forty day period would begin. It was suggested by Mr. Charney that the forty day period would begin August 9, 1979, but Mr. Hale disagreed as he did not know when he could get a contractor. Mr. Charney said he could not agree to the agreement not being a specific time for the forty day period to begin. After much discussion as to when the forty day period should begin, Mr. Lambert said: "I am getting tired_a.nd I~.am_doi~,ng this job for nothing and am a working man and we are trying to do the best for all citizens". Mr. Hale said: "I have never paid a cent to anyone in this City but maybe that is my problem, I should have". After much more discussion trying to come to an agreement when the forty day period should begin, Mayor Spencer closed this item. ITEM 13 - OLD BUSINESS None ITEM 14 - NEW BUSINESS None Being no further business before the Owasso City Council, Chair adjourned at 10:15 PM. VICE -1 OR C ~ ~ ~~ CITY CLERK