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HomeMy WebLinkAbout1980.04.01_City Council MinutesOn Tuesday, April 1, 1980, 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 3:00 PM on March 28, 1980, and by refer- ence made a part hereof. Present: Boyd Spencer, Mayor Robbie Fickle, Vice Mayor Don Thompson, Councilman Al Lambert, Councilman Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, City Clerk Absent: None Mayor Spencer called the Owasso City Council to order at 7:03 PM and announced the meeting was being taped by the City Clerk. ITEM 1 - SWEARING IN AND SEATING OF COUNCILMAN BURKE OF WARD 1. Councilman Burke was given the Oath of Office by City Attorney. Mr. Burke was welcomed with a handshake from the other Councilmembers than took his seat on the Council. ITEM 2 - APPROVE CONSENT AGENDA ITEMS. Councilman Thompson requested Items C and G be pulled from the Consent Agenda. Motion was made by Robbie Fickle, seconded by Al Lambert, to approve Consent Agenda items, as follows, as published in the Owasso Reporter on March 17, 1980, and by reference made a part hereof: A. Approve Minutes of March 4, 1980 Council Meeting. B. Approve Warrants for Payment. D. Approve Fire Run Contract With Oklahoma Farmers Union; Property Owner Paul Worley. E. Approve Fire Run Contract With Oklahoma Farmers Union; Property Owner H. R. Rutherford. F. Approve Fire Run Contract With Farmers Insurance; Property Owner L. A. Cooley. H. Accept February 1980 Financial Statements. I. Approve Kenneth Woods Temporary Structure at 7601 North 122nd East Avenue. J. Approve Application for CETA Summer Youth Program. K. Approve Application for Three Ambulance Drivers on Public Service Employment Positions. L, Approve Application for Ambulance Grant With Oklahoma Highway Safety, Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. Owasso City Council April 1, 1980 Page Two ITEM 2C - ADOPTION OF PERSONNEL MANUAL. Don Thompson felt Section 9.2 (6) regarding a minimum of two overnights to draw advance expenses could be a problem for employees with a limited budget. He felt it should read that it is a guideline but could be overridden by the City Manager. Kens'hompson said our thought on that was if the employee spends out of their own pocket they will be more conservative as they will have to return and ask for their reimbursement, but there would be exceptions to employees who would not have funds. Motion was made by Don Thompson, seconded by Dennis Burke, to approve Personnel Manual as presented, amending Section 9.2 (6) to read as follows: "Advance draw for expenses, except for air fare, shall require a minimum of two (2) overnights in the duration of the travel, and is limited to one- half (1/2) of the estimated per diem allowed for that travel. However, at the discretion of the City Manager, advances in excess of the amounts spec- ified above may be allowed, upon financial justification by the employee." Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Plays - None Motion carried. Mrs. Fickle referred to Section 5.7 e. regarding Medical Attention, and com- mented it would be unfair to require an employee to use the City Physician. Kenneth Thompson said he felt an option should be left with the City if there should be question about the condition of an employee. Motion was made by Robbie Fickle, seconded by Boyd Spencer, to approve Person- nel Manual as presented, amending Section 5.7 e. to read as follows: "Medical Attention - The supervisor shall insure that the injured employee receives needed medical attention. An injured employee may be attended by a physician of his choice; however, at the discretion of the City Manager, the employee may be required to be examined by a physician designated by the City." Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. .., Owasso City Council April 1, 1980 Page Three ITEM 2G - APPROVE VACATING TEN FOOT UTILITY EASEMENT AT 12121 EAST 84TH STREET NORTH. Don Thompson said the comment he had on this item is that this is twice we have seen vacating a plat easement in the past six months in which construction has already begun or finished over the easement, which is an afterfact. He felt these requests should be made beforehand, not afterwards, as they feel they have us over a barrel as we would not deny such a request after construction has started. Perhaps they should be put on notice that they will be denied in the future if they ask for it "after the fact" . Mayor Spencer commented that if he remembered correctly, this easement was not known by the builder. Bill Williams confirmed this and said it is an unusual easement in that it circles the lot. He said he didn't know why the easement was designed that way because we don't have anything in there and the other utility companies are not concerned about it as they have given their approval to us in writing. Motion was made by Don Thompson, seconded by Al Lambert, to approve vacating a ten foot utility easement at 12121 East 84th Street North, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 3 - APPROVE ADDITIONAL WARRANTS FOR PAYMENT. Mr. Lambert questioned if Warrant 1105 to Long's Veterinary Clinic was possibly a duplication as he recalled a warrant to them last month for approximately the same amount. Ken Thompson responded that this is not a duplication but another month's bill- ing. He said these large bills have been stopped as we are now using the City pound . Motion was made by Robbie Fickle, seconded by Al Lambert, to approve additional warrants for payment, and by reference made a part hreof. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. Owasso City Council April 1, 1980 Page Four ITEM 4 - APPROVE LOHREY AND JAY AUDIT FEE. Al Lambert questioned if the estimate of $6,500.00 is a substantial increase over last year. Mr. Thompson said their total estimate is $11.9.00.00 including OPWA. Last year the total charge was $10,400.00. Motion was made by Don Thompson, seconded by Boyd Spencer, to approve Lohrey and Jay audit fee for the City in the amount of $6,500.00, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 5 - APPROVE AWARDING BID TO GODDARD ENTERPRISES FOR CIVIL DEFENSE WARNING SIREN. Ken Thompson advised Council that Goddard Enterprises was the only bidder on the warning siren. He said they are a reputable company and it is actually the brand we wanted, that being Federal. Mr. Thompson said in addition to the bid we would also like to purchase a timer/decoder for the old siren. Don Thompson commented the $725.00 timer/decoder could just be purchased as an expense item. Motion was made by Don Thompson, seconded by Al Lambert, to approve awarding bid to Goddard Enterprises for a Civil Defense warning siren at a total bid price of $4,727.20, and by reference made a part hereof. Ayes - Messrs.,Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 6 - APPROVE CONTRACT BETWEEN CITY OF TULSA AND CITY OF OWASSO FOR 911 EMER- GENCY TELEPHONE NUMBER SYSTEM. Ken Thompson explained the City has two choices regarding the telephones. He said we can obtain lines through the 58 Tulsa exchange at a mileage cost of $52.00 per month per line, or a total of $104.00 per month, with a delay time of 12 seconds. The other choice would be to obtain two lines in the 272 exchange at a cost of $19.00 per month per line, or a total of $38.00 per month, with a 7 second delay. He said the 371 homes would not be in the system since it is a Collinsville exchange. Don Thompson asked if we can interface that 371 system, and Ken Thompson said """ no. Owasso City Council April 1, 1980 Page Five Mr. Charney commented he did not approve of paragraph 3 of the contract which would leave the first party, the City of Tulsa, completely harmless of any lia- bility. He felt it should be reworded to indicate the first party would be held harmless after the second party, City of Owasso, actually received the call. Motion was made by Robbie Fickle, seconded by Boyd Spencer, expressing Owasso's intent to participate in the 911 Emergency Service and directing City Attorney to revise the presented contract with the City of Tulsa, to be place on the April 15, 1980, Owasso City Council agenda. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. Mayor Spencer commented that he did everything he could on the 371 situation as he thinks it is unfair, and that is why he quit going to the 911 meetings. He said he would like to see someone working with Collinsville. Jerry Lasker said you cannot dial 911 and get into the Collinsville exchange. Mr. Lasker also com- mented there will be an educational campaign on the use of the 911 number. Motion was made by Don Thompson, seconded by Robbie Fickle, to install a 371 emergency number in City Hall strickly for emergencies in order to keep out the long distance delay time, provided the cost is reasonable. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 7 - APPROVE ADOPTION OF FAIR HOUSING REGULATIONS. Ken Thompson explained this is a standard prerequisite for eligibility for Fed- eral Community Development Block grant funds, and. that it does not secure us the funds but makes us eligible to apply It gives the local community the author- ity to take legal action. It is not a restrictive type ordinance and it is for multi-family dwelling regulations basically. Mr. Burke questioned the exclusion of the single family home listed for sale by the owner. Ken Thompson said he felt it almost eliminated any teeth to the ord- inance and that he checked with INCOG and they assured him that the Federal government had approved this provision being in there, but if we wanted to make it more restrictive we could eliminate that paragraph. He said he felt if it is acceptable to the Federal government we should leave it as it is. Don Thompson said that by-in-large it is not really for our benefit as far as enforcement is concerned, it's strictly to comply with Federal regulations for perhaps block grants, etc.; and is it not a tool for that purpose as opposed to Owasso City Council April 1, 1980 Page Six actually a law that we would try to enforce. Ken Thompson responded we would only enforce it upon a complaint and it does give you the local authority. The federal government would prefer the local authority take action instead of hav- ing the state and federal bureaus to enforce housing regulations. Theoretically it could be a benefit to the citizens of the community if there were outright violations. He said we did not initiate this, we were told that if we wanted to apply for these funds we ~s'hould adopt a fair housing ordinance. It is for the federal government's benefit in a way as it would put the first burden of enfor- cement upon the local government. Don Thompson asked if that first burden in that type of suit wouldn't be very expensive for a city to try to handle as those suits are usually handled by the federal government. Mr. Thompson responded that it could be but he has found that you don't usually have to take these things to court. He said usually a letter from the City Attorney will take care of it. If it should go beyond that, you would have the option if the City would prosecute and if we don't, someone else might come in and prosecute for us, such as the state or federal agents, but then we might jeopardize our federal funding if we didn't prosecute a violation. Mrs. Fickle commented the ordinance is actually a double fault item--a non-dis- criminatory policy and a tool for grants. Mr. Thompson agreed and commented they should not go into it naively as they might have a need sometime to en- force it. Again he mentioned it does not usually go beyond a warning stage as people do not want to get involved in federal type cases. Motion was made by Robbie Fickle, seconded by Dennis Burke, to adopt Fair Hous- ing Regulations by Ordinance No. 283, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 8 - REVIEW Z4EDICAL TREATMENT OF PRISONERS. City rianager recommended a committee be appointed to develop policies and guidelines. A committee was appointed of Harold Charney, Dennis Burke, Vic Lombreglia and Ken Thompson. ITEM 9 - APPROVE EXTENSION OF CONTRACT WITH PERSONNEL DEVELOPMENT TO PURCHASE FOUR ADDITIONAL LESSONS AT A COST OF $417.00. Motion was made by Boyd Spencer, seconded by Don Thompson, to purchase four "'~1` additional lessons from Personnel Development at a total cost of $417.00. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Owasso City Council April 1, 1980 Page Seven Nays - None Motion carried. ITEM 10 - APPROVE ELECTRICAL INSPECTIONS BY OWASSO BUILDING INSPECTOR. Ken Thompson said Raymond May and Bill Williams have been taking instructions on doing electrical inspections and he feels they are ready to make inspections. He said there has been a drop in building permits which he feels will continue, and that will give Mr. May some free time to do the electrical inspections. Mayor Spencer questioned if they will need to be tested and Bill Williams re- sponded that a city under 40,000 population is not required to be tested or licensed. Don Thompson asked Mr. Williams if they are "up to snuff" on large buildings as they would be considerably different. Mr. Williams said the commercial inspec- tions had been his main concern and they are looking into it more and feels they will be ready. He said they would also have access to the Fire Marshall's assistance. Don Thompson then commented about the possibility that it could rub electrical contractors the wrong way having non-licensed people inspecting their work. He said they should determine what would be required to get Mr. May licensed. Mr. Williams said it would be difficult as you have to have several years as a Jour- neyman Electrician to qualify, which Mr. May does not have. Ken Thompson said perhaps they would give Mr. May the test to see if he had the knowledge to be licensed. Mayor Spencer directed this item to be tabled to April 15, 1980. ITEM 11 - UNFINISHED BUSINESS A - REVIEW CONTRACT FOR CITY HALL JANITOR SERVICE. Councilman Thompson requested the minutes reflect he left-the room during this item. City Manager informed Council that the present contractor, Dave Thompson, asked to leave this as is until the balance of his contract as he will clean the en- tire building. B - RECONSIDERATION OF ZONING OF TRACT OF LAND AT 86TH STREET NORTH AND 129TH EAST AVENUE. Harold Charney informed Council that he was presented with a petition today that a suit had been filed against the City of Owasso. Mayor Spencer recessed Owasso City Council at 8:08 PM to go into Executive Ses- sion due to a law suit. Owasso City Council April 1, 1980 Page Eight Mayor Spencer reconvened Owasso City Council at 8:38 PM. Harold Charney spoke for the City Council, as they have directed him to do the following in regard to the lawsuit of George M. Rackleff vs. City of Owasso. The lawsuit is protesting our treatment of a certain zoning they had applied for with the City. Mr. Charney said we have compromised, one with the other, and they have agreed in essence to what the City wants. The agreement is that those tracts immed- iately West of Owasso High School will be zoned RS3 subject, however,. to a limitation to be approved by the Court that RS3 tracts will not have a density greater than 3z dwelling units per acre, although the traditional RS3 zoning carries more dwelling units per acre. We have also agreed that in consideration of $1.00 and other good and valuable consideration that they will furnish the City, by grant, a one acre tract of ground in an area zoned RM2 in the Northeast corner of the Northwest corner, known as tract 3 on the proposed zoning diagram. Also, it is understood that the grant of the one acre may be made immediately but subject to all existing mortgages now recorded against that tract, and that the grantor will within 24 months from this date have the one acre tract released from said mortgage so that it will be the City's free and clear. City agrees that it will use that tract for the purpose of water storage and a water tower. Reversionary inter- est will be negotiated between the parties. Mr. Charney said based upon these agreements and Journal Entry which will be submitted to him for final approval and filed with the City Clerk, he recommended approval of this settlement as outlined and give City Attorney permission to approve Journal Entry to be signed by Court giving approval of the proposed zon- ing map and included as part of these minutes. Mayor Spencer commented he would like a record to be entered that Tract X would be a private homeowner's association. Mr. Riddle, attorney for Mr. Rackelff, said that would be handled during the approval of the plat. Motion was made by Don Thompson, seconded by Al Lambert, directing City Attor- ney to make the aforementioned compromises as a lawsuit settlement on zoning of tract of land at 86th Street North and 129th East Avenue, and approve the Jour- nal Entry of same, and by reference made a part hereof. Ayes - Messrs. Spencer, Thompson, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 12 - NEW RTTSTNRSS . Owasso City Council April 1, 1980 Page Nine Item Mrs. Fickle commented that Owasso has 'been honored and a lot of good publicity has come to our community by Phyllis Sokolosky being chosen Oklahoma Mother of the Year and that she is to be honored at a reception in the Governor's Mansion on April 10 at 2:30 PM. She said she didn't know what the Chamber of Commerce plans to do, but she felt we should acknowledge this honor in some way, either appearing at the reception, proclaiming a day in Owasso, or some other manner. Mayor Spencer agreed and directed this item be placed on the April 15 agenda. Item Mayor Spencer reported that the main three topics discussed at the National Lea- gue of Cities conference which he and Ken Thompson attended were Revenue Sharing, energy cost and no money to sell bonds. Mayor Spencer reported that counties and cities will not be losing their revenue sharing funds, although the states will. This was confirmed by President Carter at the conference. He said the energy situation is not good. He said the feeling of others at the conference is that the government is getting ready to phase out EPA and possibly EDA and give it back to the local people where it is necessary to get the job done. Mr. Thompson said a Treasury Department representative told us to expect pri- vate interest rates to go to 25% before Thanksgiving, but then within a year and a half it will turn around. Item Don Thompson questioned when the new police cars would be on the streets and Ken Thompson said within the week. Being no further business before the Owasso City Council, Chair adjourned at 8:55 PM. .~ ~_-_ MAY CITY CLERK