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HomeMy WebLinkAbout1980.08.05_City Council MinutesOn Tuesday, August 5, 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 4:30 PM on August 1, 1980, and by refer- ence made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 7:03 PM, with Mayor Spencer presiding. The public was advised the meeting was being taped and the tapes would be available to the public upon request. ITEM 2 - FLAG SALUTE. Flag Salute was lead by Mayor Spencer ITEM 3 - ROLL CALL. Present: Boyd M. Spencer, Mayor Al Lambert, Councilman Dennis Burke, Councilman Clyde Fry, Councilman Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, City Clerk Absent: Robbie Fickle, Vice Mayor ITEM 4 - APPROVE CONSENT AGENDA ITEMS. Al Lambert requested Warrant 66 be pulled from the Consent Agenda for further clarification. Motion was made by Al Lambert, seconded by Clyde Fry, to approve Consent Agenda items, as follows, as published in the Owasso Reporter on July 31, 1980, and by reference made a part hereof. A. Approve Minutes of July 15, 1980 Meeting. B. Approve Minutes of July 28, 1980 Emergency Meeting. C. Approve Mayor Signing Warrants 26 through 74, excluding Warrant 66, for 80-81 for a total amount of $34,636.42 and Warrants 1460 through 1465 for 79-80 for a total amount of $527.38. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. Mr. Lambert questioned Warrant 66 to State Agency for Surplus Property. Mr. Thompson explained it is used military surplus tires that cost around $5.00 each and can be used on the red tanker truck, Civil Defense truck and the am- bulance. Motion was made by Al Lambert, seconded by Clyde Fry, to approve Warrant 66 in the amount of $56.00. Owasso City Council August 5, 1980 Page Two Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 5 - APPROVE ADDITIONAL WARRANTS FOR PAYMENT. Motion was made by Al Lambert, seconded by Clyde Fry, to approve Mayor signing Warrant 1466 for 79-80 for a total amount of $7.71 and Warrants 75 through 104 for 80-81 for a total amount of $41,747.39, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 6 - APPROVE t~PPOINTMENT TO PERSONNEL BOARD: THREE YEAR TERM TO EXPIRE ON JUNE 30, 1983. Motion was made by Al Lambert, seconded by Boyd Spencer, to reappoint Mr. Lyle ~ ~` Wasserman to the Personnel Board for a three year term of office to expire on June 30, 1983. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 7 - APPROVE ORDINANCE N0. 289 AMENDING THE CITY CODE TO ALLOTVJ CONSOLIDA- TION OF THE POLICE, FIRE AND AMBULANCE DEPARTMENTS INTO A DEPARTMENT OF PUBLIC SAFETY. Motion was made by Al Lambert, seconded by Dennis Burke, to approve Ordinance No. 289 amending the City Code to allow consolidation of the Police, Fire and Ambulance Departments into a Department of Public Safety, and by refE~rence made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 8 - APPROVE EMERGENCY CLAUSE TO ORDINANCE N0. 289. Motion was made by Boyd Spencer, seconded by Al Lambert, to approve Emergency Clause to Ordinance No. 289. Owasso City Council August 5, 1980 Page Three Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 9 - APPROVE ESTABLISHING A GRADE 11 CLASSIFICATION AND JOB DESCRIPTION FOR EQUIPMENT OPERATOR IN THE CITY PAY PLAN. Mr. Thompson explained we presently have only Supervisors and Laborers in the Public Works Department and we need heavy equipment operators. He said Labor- ers are Grade 5 and 6. Motion was made by Clyde Fry, seconded by Al Lambert, to approve establishing a Grade 11 Classification and Job Description for Equipment Operator in the City Pay Plan. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM i0 - APPROVE HIRING A DOZER AND LANDSCRAPER ON AN HOURLY RATE FOR IMPROVE- MENTS TO ELM CREEK PARK. Mr. Thompson explained that we have a twenty-two acre park that was donated by the developers for which we have received two yearly grants of $27,500.00 each year. He said we tried to get "turn-key" jobs from five companies but we re- ceived very high bids. The State has approved the hiring at hourly rates. He felt all we would get accomplished with the first year's $27,500.00 would be land moving. Mr. Burke asked if we could use City equipment operators, and Mr. Thompson said no, the contractor furnishes the operators. Motion was made by Al Lambert, seconded by Clyde Fry, to approve hiring Mr. Bob Gilbert on an hourly rate for improvements to Elm Creek Park. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 11 - RE UEST CONDEMNATION PROCEEDINGS FOR A ONE FOOT STRIP OF LAND ALONG THE NORTH SIDE OF HALE ACRES II SUBDIVISION. Mr. Thompson explained that Mr. Stan Robson has requested this condemnation to develop some property North of Hale Acres which is owned by Mr. Hale as he needs Owasso City Council August 5, 1980 Page Four access to the sewer. He said not allowing access to the sewer violates the intent of the subdivision regulations. Mr. Robson said the zoning and platting requirements require that you plat to the property line and this was not done, and it was intentional. He said Mr. Hale wants $25,000.00 to cross that one foot. He said he needs access to that sewer and Mr. Hale has not been cooperative. Mr. Charney commented that Mr. Hale put that sewer in at a cost of $50,000.00 and he feels other developers should help pay for it. Mr. Charney said the sewer belongs to the City and we have the power for condemnation but the Court would have to determine if he violated the sub-division platting requirements. Mr. Thompson suggested perhaps Mr. Robson would be interested in sharing the legal fees on this condemnation but PZr. Robson referred to the sales tax he feels he has generated to the City and the cost he has already incurred. Motion was made by Boyd Spencer, seconded by Al Lambe~.t, authorizing condemna- tion of portion of the unplatted land lying North of and adjacent to the pre- sent sewer easement in Hale Acres II Subdivision. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 12 - PUBLIC HEARING TO DETERMINE IF A PUBLIC NUISANCE EXISTS AT 1011 NORTH ASH WHERE THREE INOPERABLE VEHICLES ARE STORED IN THE REAR YARD. Mr. Thompson said these people were notified in June but nothing has been done by the property owner. He said he felt he needed to bring it to the attention of the Council to determine if it is a Public Nuisance. Mr. Charney said a notice must be sent to the registered owners of the vehicles then serve notice to the property owner. Mr. Charney felt the first notice to the property owner was not exactly "according to Hoyle". Mr. Lambert questioned how this nuisance was discovered, and Mr. Thompson said through a complaint from a neighbor. Council directed City Manager to process this possible public nuisance again to comply with the City Code. ~. Chair recessed Owasso City Council at 7:45 PM. Chair reconvened Owasso City Council at 7:50 PM. Owasso City Council August 5, 1980 Page Five ITEM 13-A - RECOMMENDATION TO APPROVE REZONING FROM AG TO Rrg-I. APPLICATION N0. OZ-54 WHICH IS A FIVE ACRE TRACT DESCRIBED AS THE EAST z OF THE NE z OF THE NW OF THE NE OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST (SOUTH SI_D_E_ OF 116th STREET NORTH AND z MILE WEST OF U.S. 169). Carol Dickey advised Council that the Planning Commission recommends approval of OZ-54 zoning application. Mr. Burke commented that the Planning Commission minutes read .that the City Council will be aware of potential problems on our Rural Water District lawsuit. Mr. Charney advised Council they can approve Mr. Avant's zoning application without cmmmitting to him for water, but the Council could not approve a plat. Jack Avant said he planned to submit a letter to Washington County Rural Water District No. 3 asking if they can serve his property. Mr. Avant said he would like to have his property platted before the City of Owasso goes to court. Mr. Burke asked if the Judge will look at everything we have platted, to which Mr. Charney said he believes so. Motion was made by Al Lambert, seconded by Clyde Fry, to approve Rezoning App- lication No. OZ-54 from AG to RMH, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None Motion carried. ITEM 13-B - RECOMMENDATION TO REVIEW PRELIMINARY PLAT FOR GERMAN PARK SUBDIVI- SIGN AND WAIVE A PORTION OF CITY STREET STANDARDS (SAME LEGAL DESCRIPTION AS ITEM 13-A. Ms. Dickey explained that this plat is only being brought before the Council for a waiver of the curb and gutter requirements under the street construction standards. Mr. Mansur did not recommend curb and gutter be waived because of drainage involved and it would be a rural, not urban, design. Mayor Spencer commented he realizes it is a hardship on the developer, but he would dislike seeing the Council break the City standards. Motion was made by Dennis Burke, seconded by Al Lambert, to deny request to waive curb and gutter requirements for German Park Subdivision. Ayes - Messrs. Spencer, Lambert, Burke, Fry Nays - None l~~tion carried. Owasso City Council August 5, 1980 Page Six ITEM 14 - REVIEW PRELIMINARY CENSUS INFORMATION. Mr. Thompson advised Council that INCOG and TMAPC counts vary from the Census Bureau figures. Our estimate is 6,500 and the Census Bureau count was 5,975. He said we .have filed an appeal questioning their count. Carol Dickey said it has been discovered that the Census Bureau failed to count the Senior Citizen area at the Baptist Home and a small portion of Elm Creek. Mayor Spencer said he would request Joe Ross to have his Boy Scout troop take a house survey, and Mr. Charney suggested Ms. Dickey determine if the federal government would accept a count made by minors. ITEM 15 - DISCUSS REQUEST FOR TEMPORARY LOCATION OF A MOBILE HOME IN AN RS3 SINGLE FAMILY DISTRICT. Ms. Dickey said this request came from a family that had a fire in their home and wants to place a mobile home in a single family area. She explained this would normally be taken to the Board of Adjustment, but the ordinance is very specific that the Board of Adjustment cannot approve a mobile home, even by special exception. Mr. Charney told Council that personally he would like to see them approve this but as their attorney he could not recommend their approval. Mr. Charney said there would be zoning restrictions, but probably no deed restrictions since it is in the Original Town of Owasso plat. Ms. Dickey said there are provisions for storage buildings and unoccupied RV's up to 30 feet. Motion was made by Dennis Burke, seconded by Al Lambert, directing City Attor- ney to inform Mr. Mel Williams of the 30 foot RV on his premises for accessory use. Ayes - Messrs. Lambert, Burke, Fry Nays - None Abstain - Mr. Spencer Motion carried. ITEr1 16 - NEW BUSINESS Item Mayor Spencer asked if there is a water payback on Hillside Estates, which was not determined. Mayor Spencer directed this item be placed on the August 19 agenda. Item Owasso City Council August 5, 1980 Page Seven Mr. Thompson told Council he has been working with the school for additional off-street parking and widening at Ator School. He said Miser Asphalt has given us an estimated cost of $3,919.00 and it has been discussed sharing this expense with the school district. Council had no objection, so Mr. Thompson said a war- rant will be coming through for the City's half. Item Mayor Spencer announced the Flood Study meeting that will be held August 13th and invited the public. Item Mayor Spencer commented that he was ready to see us buy the lot behind City Hall, to which Ms. Dickey responded that no lots can be sold as the plat has not been filed. Being no further business before the Owasso City Council, Chair adjourned at 8:45 PM. ~' h~~ ~_ MA OR c O CITY CLERK