Loading...
HomeMy WebLinkAbout1979.08.21_City Council MinutesOn Tuesday, August 21, 1979, the Owasso City Council met in reg- ular session, in Council Chambers at City Hall, per Notice of Public Meeting and Agenda, posted on City Hall Bulletin Board at 3:30 PM on August 20, 1979, and by reference made a part hereof. Present: Robbie Fickle, Vice Mayor Don Thompson, Councilman Al Lambert, Councilman Robert Wrestler, Councilman Harold Charney, City Attorney Wayne Meyer, City manager Wauhilleau Webb, City Clerk Absent: Boyd Spencer, Mayor The meeting was called to order at 7:00 PM, with Vice Mayor Fickle presiding. Mrs. Fickle explained the reason for Mayor Spencer's absence was due to his wife having surgery. ITEM 1 - APPROVE CONSENT AGENDA ITEMS Motion was made by Don Thompson, seconded by Robert Wrestler, to approve Consent Agenda items, as follows, as published in the Owasso Reporter on August 16, 1979, and by reference made a part hereof. 1. Approve Minutes of August 7, 1979, Meeting. 2. Approve Warrants for Payment. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle Nays - None Motion passed. ITEM 2 - APPROVE ADDITIONAL WARRANTS FOR PAYMENT Motion was made by Robert Wrestler, seconded by Don Thompson, to approve additional warrants for payment, and by reference made a part hereof. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle, with Mrs. Fickle abstaining on Warrant 184 Nays - None Motion passed. ITEM 3 - APPROVE CHANGE OF ACCESS; T. L. DAVIS Mr. Gorzeman explained to Council that an access is needed which is not provided in the original plat due to a lot split, OLS-16 approved by the Planning Commission on July 19, 1979, subject to this Change of Access. Mr. Gorzeman further explained the pro- posed Change of Access is just adding 10' to the platted 40' and Owasso City Council August 21, 1979 Page Two moving it a little to the East. This will cut down on curbcuts but it must be approved by the City Council. Mr. Thompson said he would like to see the proposed curbcuts for the north side of 86th Street before approving this as he feels this area will be a highly congested area in the future. Mr. Lambert commented if he recalls correctly, when this went through the Planning Commission it was understood the 40' access was to serve all three lots. Motion was made by Don Thompson, seconded by Al Lambert, to table this Change of Access request to September 4, 1979, City Council agenda, with determination to be made by staff as to what our obligations are regarding curbcuts for Lot 68A. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle Nays - None Motion passed. ITEM 4 - CONSIDERATION OF DR. JOHN D. LONG'S REQUEST FOR VAR- ~.,~;~,: IANCE IN CITY CODE TO OPERATE BUSINESS TEMPORARILY OUT OF P•10B- TT,F. NnMF Dr. Long addressed Council requesting from them a variance to operate his veterinary clinic out of a mobile home for a period of four to six months until his building is constructed, as he was told by whom he thought was the City Manager that he could do that . Mr. Thompson commented he had very mixed emotions and he is very sympathetic with him but feels we do have ordinance and codes that govern these things which the City must uphold and he has not made a decision about the matter. Mr. Wrestler asked if they had obtained their building permit and had their plans approved and if so, when. Mr. Long replied they have their building permit and their plans were approved August 13, 1979. This item was passed while the City Attorney did some research. ITEM 5 - APPROVE RESOLULTION N0. 79-09 ENDORSING AREAWIDE HOUS- ING OPPORTUNITY PLAN FOR THE INCOG REGION AND SUPPORTING IMPLE- MENTATION OF THE PLAN _..,~, Mr. Richard Brierre was present representing INCOG and explained to Council this project would cover new construction and housing Owasso City Council August 21, 1979 Page Three rehabilitation. He said 50% would go for elderly, 30% for fam- ily and 20% for large families (five or more). Mr. Brierre said the City would have three benefits from this: (1) if adopted by HUD it would give Owasso more local control over assistant hous- ing; (2) will provide bonus funding, planning and housing funds; (3) gives us an edge in competing for CDBG funds in the future. He said it requires 19 local communities approval of which they have Jenks, Broken Arrow, Tulsa and 4 cities in Creek County. Mrs. Fickle asked how Owasso's participation will help us as in the past we have been too affluent in Owasso to be eligible. Mr. Brierre answered our chances are much less than other cities. He said Owasso is definitely at a disadvantage in the selection criteria although we do have 15 families in Owasso receiving assistance through the Oklahoma Housing and Financing Agency. These families live in Brookwood Apartments. Mr. Thompson commented he had not been able to read all the data in his packet to approve or disapprove. Motion was made by Don Thompson, seconded by Al Lambert, to table approving Resolution 79-09 to the September 4, 1979, City Council meeting. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle Nays - None Motion passed. RETURN TO ITEM 4 - CONSIDERATION OF DR. JOHN D. LONG'S REQUEST FOR VARIANCE IN CITY CODE TO OPERATE BUSINESS TEMPORARILY OUT OF MOBILE HOME Mr. Charney stated Dr. Long has a right to put a veterinary clinic in that area so we need to determine if we are making a temporary waiver or a variance that might need to go to the Board of Adjustment. Mr. Charney said if a temporary waiver is needed the City might consider a 90 day permit. Bob Randolph was in the audience and Mr. Thompson asked him how he would feel as a business man in that area, if Dr. Long oper- ated his clinic from a mobile home. Mr. Randolph recommended the Council vote yes on this waiver, as this building and the business will be an asset to the community. Again this item was passed while the City Attorney did more research. Owasso City Council August 21, 1979 Page Four ITEM 6 - RECEIVE AND FILE JULY 1979 FINANCIAL STATEMENTS City Council publicly received and filed the July 1979 Financial Statements. ITEM 7 - APPROVE WOODSTONE FINAL PLAT Bill Williams advised Council the plat has been reviewed by the staff and there are no problems. Mr. Thompson commented Lot 9 looked small for multi-family, to which Mr. Gorzeman said the developer plans duplexes in that area. Mrs. Fickle questioned the ingress and egress into this devel- opment and Mr. Williams replied parking will be a problem. Mr. Thompson questioned width of streets as he was concerned they would be as narrow as the multi-family area on 117th Street. Mr. Williams said they are 50'. Mr. Lewis, with Terry L. Davis Companies, commented they meet subdivision regulations and that to take another 5' off to widen street would make it impossible due to easements and other problems. Mr. Gorzeman agreed they meet the minimum subdivision regulations. Mr. Charney comment- ed he did not see how we could not accept them as they do meet the minimum regulations. Mrs. Fickle said perhaps we should look at our subdivision regu- lations and revise them. Mr. Williams said they are the same as other cities. Mr. Charney felt we probably shouldn't change them as it is workable for other cities apparently. Mr. Randolph suggested putting no parking signs on one side of the street to help with the problem. Council passed this item to come back to later on the agenda. RETURN TO ITEM 4 - CONSIDERATION OF DR. JOHN D. LONG'S REQUEST FOR VARIANCE IN CITY CODE TO OPERATE BUSINESS TEMPORARILY OUT OF MOBILE ~iOP?E Mr. Charney reported that Section 314 of the BOCA Code regard- ing Temporary Structures states the City Building Official may issue temporary building permit for one year, and he recommended doing this if the mobile home meets all requirements. Mrs. Fickle asked Dr. Long if the building will be under con- struction before 45 days, to which Dr. Long replied yes, they will begin construction in two weeks at the latest. Mrs. Fickle ""' asked how long he anticipated being in the mobile home and Dr. Long answered within six months. Mr. Charney suggested he could Owass City Council August 21, 1979 Page Five actually move his business into the building when the inside is completed; he would not necessarily have to wait until the out- side is completed. Motion was made by Robert Wrestler, seconded by Al Lambert, to grant Dr. John D. Long a variance of City code to operate his veterinary clinic out of a mobile home, for a period of six months. Ayes - Messrs. Wrestler and Lambert, Mrs. Fickle Nays - None Abstain - Mr. Thompson Motion passed. RETURN TO ITEM 7 - APPROVE WOODSTONE FINAL PLAT Vice Mayor Fickle called a Special Meeting of the Owasso City Council at 6:00 PM on Thursday, August 23, 1979, for the pur- pose of taking into consideration the Woodstone Final Plat. Chair recessed Owasso City Council at 8:15 PM to discuss with City Attorney privately the H. D. Hale situation. Chair reconvened the Owasso City Council at 8:29 PM. Vice Mayor Fickle again stated Council was calling a Special Meeting of the Owasso City Council at 6:00 PM on Thursday, August 23, 1979, for the purpose of taking into consideration the Woodstone Final Plat. NON-AGENDA ITEM - H. D. HALE VS. CITY OF OWASSO City Attorney showed memo written to City Council by City Clerk and City Manager recommending the Council not take any official action on items not posted by Agenda. Mr. Charney said he does feel it is one of those "gray area" situations but he felt this was a matter of emergency and could be heard as new business. Mr. Charney stated when we went to trial on H. D. Hale vs. City of Owasso, the Judge made known his views then gave both par- ties thirty minutes to settle the matter before he settled it for them. Mr. Charney commented that when they went into the 30 minute session, they both knew the Judge's decision could be adverse to either party. Owasso City Council August 21, 1979 Page Six Mr. Charney said they did reach an agreement and he has pre- pared a Journal Entry of Judgment which will be given to the Judge after approval by all parties. Mr. Charney publicly read the Journal Entry, which includes the following agreements: 1. Hale will complete unfinished streets in Hale Acres II according to City codes. 2. Hale will post a $29,705.75 bond to guarantee comple- tion of same. 3. Hale will make an application to City for waiver of sidewalks and curbs and guttering in said subdivision. 4. Completion of streets according to City codes will not apply to the two cul-de-sacs in said subdivision as the base has already been completed by County specifi- cations but Hale agrees to complete the surface of cul-de-sacs immediately. 5. Hale agrees to complete the laying of all water and sewer mains according to specifications submitted to the City and the City will issue necessary permits for the construction and laying of sewer and water mains upon receiving from Hale an affidavit that the plans and specifications made in 1972 are still applicable and that there have been no grade changes. 6. Hale agrees there will be no private sewer lines cross- ing underneath the streets except those, if any, that may already be in place. 7. Hale agrees to start construction of streets immed- iately insofar as roads abutting the six houses now under construction on North 106th East Avenue and East 114th Street North. The remaining streets to be com- pleted, with the exception of the cul-de-sacs that are to be completed immediately, within 90 days after the approval of sewer and water lines by the City. 8. Upon receipt of aforementioned bond, the City will immediately issue final inspection certificates cover- ing the six houses under construction and the City shall install water meters for said six houses and allow occupancy. Mr. Charney after reading the Journal Entry of Judgment said he had discussed same with Mayor Spencer and the Mayor was satis- fied with same. Mr. Charney stated that in his opinion the Owasso City Council August 21, 1979 Page Seven City Council, by motion, should allow him to approve this Jour- nal Entry of Judgment. The $29,705.75 bond was given to City Attorney by Mr. Hale's attorney. Mr. Charney reviewed the bond and advised it was ade- quate except he questioned the date on the cover letter being August 15, 1979. Mr. Charney said in his opinion an emergency does exist and no special meeting is necessary to take care of this item of busi- ness and that it should be ratified tonight then could be rerat- ified at the August 23 Special Meeting, which was called earlier. Mr. Fickle agreed that the reratification would certainly meet the Open Meeting Law. Motion was made by Don Thompson, seconded by Robert Wrestler, to approve the Journal Entry of Judgment as prepared and presented by City Attorney, to be approved by all parties thereto, Case No. C-79-1749 Tulsa District Court, Hale vs. City of Owasso, and present to Judge for his signature and filed of record, and by reference made a part hereof. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle Nays - None Motion passed. Motion was made by Don Thompson, seconded by Robert Wrestler, to waive requirements of sidewalks, curbing and guttering in the uncompleted portion of Hale Acres II complying with the Journal Entry of Judgment, Case No. C-79-1749 Tulsa District Court, Hale vs. City of Owasso, and by reference made a part hereof. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle Nays - None Motion passed. Motion was made by Don Thompson, seconded by Al Lambert, that City Manager and staff be directed according to Journal Entry of Judgment, Case No. C-79-1749 Tulsa district Court, Hale vs. City of Owasso, to comply and give final inspections and util- ity services, and by reference made a part hereof. Ayes - Messrs, Thompson, Wrestler, Lambert, Mrs, Fickle Nays - None Owasso City Council August 21, 1979 Page-Eight Motion passed. Motion was made by Robert Wrestler, seconded by Al Lambert, to reaffirm three preceeding motions at the August 23, 1979, Special Meeting, to comply with the Open Meeting Law, with the required 48 hour notice having been observed. Ayes - Messrs. Thompson, Wrestler, Lambert, Mrs. Fickle Nays - None Motion passed. ITEM 8 - OLD BUSINESS None ITEM 9 - NEW BUSINESS Mr. Thompson requested a report on the status of unmowed pro- perty to be discussed at the August 23, 1979, Special Meeting. Being no further business before the Owasso City Council, Chair adjourned at 8:55 PM. MAY e \, ~ \ C Y CLERK