HomeMy WebLinkAbout1978.05.16_City Council MinutesOn Tuesday, May 16, 1978, the Owasso City Council resumed the re-
cessed meeting provided for in the Minutes of May 10, 1978, meeting
in Council Chambers at City Hall.
Present: Bill Williams, Mayor
Don Thompson, Councilman
Robbie Fickle, Councilwoman
Ronnie Grimes, Councilman Appointee
Tom Baines, City Manager
Harold Charney, City Attorney
Wauhilleau Webb, Deputy City Clerk
Absent: Boyd Spencer, Councilman
The meeting was called to order at 7:01 with Mayor Williams presid-
ing .
Motion was made by Robbie Fickle, seconded by Don Thompson, to ad-
journ May 10, 1978, meeting.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
On Tuesday, May 16, 1978, the Owasso City Council met in regular
session, per the attached Notice of Public Meeting and Agenda, in
Council Chambers at City Hall.
Present: Bill Williams, Mayor
Don Thompson, Councilman
Robbie Fickle, Councilwoman
Ronnie Grimes, Councilman Appointee
Tom Baines, City Manager
Harold Charney, City Attorney
Wauhilleau Webb, Deputy City Clerk
Absent: Boyd Spencer, Councilman
The meeting was called to order at 7:03 PM, with Mayor Williams
presiding.
Tom Baines opened the Revenue Sharing Public Hearing for proposed
use of $75,520.00 by reading a letter from Iola Claussen, Director
of Senior Citizens, requesting exercise equipment, typewriter, wood-
work tools and game items, totaling $1,500.00. Mr. Baines also
suggested $1,500.00 for mats for carpet protection at Community Cen-
ter for heavy traffic areas, such as clear plastic mats or some type
of removeable mats. Robbie Fickle commented the four-burner stove
in Community Center is inadequate and has located a six-burner and
waiting to be advised of cost. Tom Baines agreed Community Center
does need a six-burner at a cost of approximately $2,800.00, and
knows of a source for such stove. Don Thompson stated Council should
strongly approach the idea of putting aside $20,000.00 for the mini-
computer. Robbie Fickle asked when we are going to get the mini-
computer and Tom Baines advised City is shooting for a system to be
installed and in operation by December 31, 1978. Mr. Baines further
Council Meeting of May 16, 1978
Page Two
explained that if the City goes a lease purchase agreement it will
not require the full $80,000.00 all at one time. Mr. Grimes asked
Mr. Baines if the City has in-house personnel trained and was ad-
vised no, but present personnel is being sent to workshops. Mr.
Grimes then asked Mr. Baines if we need to consider how we are
going to take care of programing and personnel and Mr. Baines
advised he felt programing could be hired from the outside since
we would not need a full-time programer. Mr. Thompson expressed
he is distrubed that five months ago we talked about funds for the
mini-computer and it was $40,000.00, and now it is $80,000.00. Mr.
Baines said when he mentioned the $40,000.00 it had been two years
since he had shopped for computers and, although hardware costs
have gone down, software costs have gone up. Mr. Baines explained
the hardware is the computer itself and software is the programing
and materials that go with it. Mrs. Fickle asked Mr. Baines if the
City will phase onto the computer by areas and Mr. Baines told her
the City would phase in as we go and buy software as necessary, and
that the City is already designing some of our forms in requirements
for the computer and that said forms are not more expensive just
require certain format. Mr. Thompson asked Mr. Baines if $80,000.00
would just cover a few phases and Mr. Baines said it covers buying
the hardware, software, and initial phasing of collections, billing
and water records, payroll, general ledger and training of personnel.
When Mrs. Fickle asked just how much the City of Owasso would have
to go on a computer Mr. Baines told her you order a specific size
memory in accordance with needs. He estimates $20,000.00 in train-
ing of personnel plus programer. To determine what size we would
want to buy to allow for our future growth Mr. Baines is organizing
a Technical Advisory Committee.
Mr. Thompson said additional items he would be interested in pur-
chasing from Revenue Sharing monies are a City Garage and a place
for gasoline storage, additional parking space at City Hall, some
new tennis courts in Elm Creek Park, and Federal matching funds
for a pool in Elm Creek Park.
Mrs. Fickle suggested some Revenue Sharing be used for installation
of bike trails in Rayola and some the replacement at Rayola,
office equipment, and an alarm system at Community Center which
would be connected to City Hall.
Mayor Williams called for comments from the public and there being
none, the hearing ended at 7:48 PM.
In that there were no questions or need for discussion on the Con-
sent Agenda items, when called for by Mayor Williams, Mrs. Fickle
motioned to adopt and approve the Consent Agenda for the meeting
of May 16, 1978, as published in the Owasso Reporter on May 11, 1978 ""~"'"
Council Meeting of May 16, 1978
Page Three
with asecond by Don Thompson. The Consent Agenda included:
1. Approve minutes of May 2, 1978, meeting.
2. Accept and file the Owasso Community Center Advisory
Board By-Laws and Constitution.
3. Approve Owasso Community Center Rules for Use and Fee
Schedule.
4. Approve warrants submitted for payment.
5. Approve Floodplain Management Ordinance No. 233.
Ayes - Messrs. Thompson, Williams, Grimes, Mrs. Fickle.
Nays - None
Motion was made by Rob'oie Fickle, seconded by Don Thompson, to
approve May 20, 1978, minutes, reflecting correction to show Mayor
Williams vote.
Ayes - Messrs. Thompson, Williams, Grimes, Mrs. Fickle
Nays - None
Mayor Williams stated Council accepted Community Center on May 10,
1978, and read letter written to Helm Company advising the with-
holding of $8,265.40 until labor problems have been settled.
Motion was made by Robbie Fickle, seconded by Ron Grimes to accept
Community Center.
Ayes - Messrs. Thompson, Williams, Grimes, Mrs. Fickle.
relays - None
Althought Dr. Bryson was on the Agenda, no one was present to
represent him.
Motion was made by Ron Grimes, seconded by Don Thompson, to approve
Ordinance No. 234 to vacate certain streets/alleys.
Ayes - Messrs. Thompson, Williams, Grimes, Mrs. Fickle.
Nays - None
Motion was made by Robbie Fickle, seconded by Ron Grimes, to adopt
the emergency clause of Ordinance No. 234. (The necessity to vote
on the emergency clause was questioned by Tom Baines.)
Ayes - Messrs. Thompson, Williams, Grimes, Mrs. Fickle.
Nays - None
Don Thompson questioned if we now need a Resolution and Tom Baines
advised yes we will need a Resolution from our City Attorney and
may need to call an emergency meeting.
Council Meeting of May 16, 1978
Page Four
As Tom Schick was not present, Tom Baines explained that Mr.
Schick wanted to discuss that during an actual emergency the EOC
room is not a shelter but an emergency center and cannot operate
with the halls full of people. Robbie Fickle commented that the
bond passed stated it would be used as an emergency shelter. Don
Thompson said he would fight for it to remain a shelter but would
agree to keeping people out of the halls. Tom Baines stated Civil
Defense cannot perform with all the people in the room and halls.
Ron Grimes asked how we could tell the citizens and Mr. Baines
said we would notify them they were misinformed that it is a
shelter as it is very clear in the Civil Defense regulations what
it can be used for. Ron Grimes asked where City would stand if we
broke the Civil Defense regulations and Tom Baines said if we mis-
used our Civil Defense room we would lose our Civil Defense funds.
When Mayor Williams commented Civil Defense did not need all that
room during an emergency Mr. Baines explained that much room was
specified for Civil Defense in order for the City to receive more
funds. Mayor Williams asked that Civil Defense and the City get
together at a later date to discuss situation in more detail.
Motion was made by Ron Grimes, seconded by Rob'~ie Fickle, to
approve additional warrants for payment.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle.
Nays - None
Tom Baines gave the City an up-date on the Grand Opening of the
Community Center, advising the date has been set for June 17 and
18, with festivities starting at 9:00 with official ceremonies
starting at 10:00. On Sunday at 2:00 will be informal___aft~r-
noon. He said we might need to block off street after consulting
residents. Robbie Fickle asked if we would have a ribbon cutting
ceremony and Mr. Baines replied that would be a possibility. Mr.
Baines asked for names to be submitted for official invitations.
NEW BUSINESS
Mayor Williams recommended local real estate man Curtis Carr to
the Planning Commission. Council was all in agreement. As there
will be a term expiring in June on the Personnel Board, Robbie
Fickle suggested the Council wait until June to appoint a person
for the Personnel Board, making the two appointments at the same
time. For the Charter Committee, headed by City Attorney, Mayor
Williams recommended Les Scarbrough; Don Thompson recommended
Bob Campbell. Bob Campbell was questioned by Robbie Fickle since
he lives out of Owasso. It was stated by Don Thompson members
should be slected from different organizations such as Kiawanas, ""``
Chamber of Commerce, etc. In regard to the Park Board, Tom Baines
stated he cannot get the present Park Board members together for a
meeting and he has had to make some decisions himself for the
Council Meeting of May 16, 1978
Page Five
summer in lieu of the Park Board. Carl Seim also stated he cannot
get the Park Board to meet. He has called meetings and himself and
Tom Baines are the only ones in attendance. Mayor Williams suggested
writing the Park Board members to encourage them. Tom Baines said
he will write members advising them of a May 30, 1978, meeting, and
state in that letter if they do not attend the meeting he will con-
sider that official notification they are no longer interested and
their seat on the Board will become open. Tom Baines asked for
motion from Council to send the above stated letter to Park Board
Members. If we do not have at least three interested suggested dis-
solving Board and Council act as Park Board until another Board can
be appointed.
Motion was made by Don Thompson, seconded by Ron Grimes, for Tom
Baines to notify present Park Board members by letter of a May 30,
1978, meeting and their absence from same to be considered members
official notice to Council of their resignation from Park Board.
Ayes - Messrs. Thompson, Williams, Grimes, Mrs. Fickle.
Nays - None
Tom Baines outlined to Council his discussion with Don Thompson and
their recommendation to send out a request for proposals to bidders
for Refuse Service, rather than sending out specifications for ser-
vice. This proposal would include each household to be assured
pickup of 150 gallons per week, two collections per household per
week, at least two days apart, one afternoon special collection
during May 1 through September 30 for additional pickup of grass
clippings and tree limbs, bidder responsible for providing equip-
ment and making proper disposal of same, and including all other
provisions of existing contract (excluding fences, gates, etc.),
and with each proposal submitted give us curb-side, house-side,
bagged trash, trash in containers, industrial and commercial to
be negotiated between hauler and business; above would give variety
of bids in service and price. Mayor Williams stated emphatically
he did not want curb service. Mr. Baines said the purpose of in-
cluding all options was to get a wide price range. Bud Sallee
commented City needs to specify roll-off equipment required and
to offer an exclusive franchise to hauler. Tom Baines questioned
how do we know we want roll-off equipment as some other bidder
might have abetter solution. Bud Sallee said he didn't know what
that would be but a bidder must know roll-off is needed. Tom
Baines also commented that our present exclusive franchise is being
violated and that situation needs to be corrected as the City is
losing revenue. Don Thompson questioned how the exclusive franchise
with business could be controlled as a hauler could charge a busi-
ness any price he wanted. Tom Baines showed an example of a rate
schedule by size of bin and number of pickups. Don Thompson stated
he would like to see the contract go for one year with one year's
option to renew then take new bids. Tom Baines asked City Attorney
to research Attorney General's decision regarding exclusive franchise.
Council Nieeting of May 16, 1978
Page Six
Bud Sallee asked City to extend his present Refuse Contract for
one year. Tom Baines advised Council his extension expires
June 30. Robbie Fickle questioned if Senior Citizens could re-
ceive discounted service and City Attorney advised they could
not as other utility companies do not but he will research question
and have a definite answer. Mayor Williams asked to go on with
agenda and Council would return to Mr. Sallee.
Robbie Fickle suggested taking her report on description of City
Clerk duties into a work session with Tom Baines and come up with
suggestion that will solve itself.
Council decided to go into a work session to make assessment of
City Manager's performance as per agreement.
Wayne Meyer, City Treasurer, presented a summary of the 1978-1979
budget and explained how budget is broken down. Advised Council
they will each receive a book giving detail by department as soon
as it can be duplicated. Mayor Williams called for a work session
to review budget proposal. Tom Baines advised budget does not
reflect cost of living or merit increases for employees but it does
include the hiring of two new people, one is a police clerk typist,
the other is for the Inspection Department.
In consideration of Lohrey and Jay as City Auditors Don Thompson
asked if staff is satisfied with them and Mr. Baines replied yes,
very satisfied. Mayor Williams asked Council if they were satis-
fied with price quoted in their letter. Don Thompson questioned
the $300.00 pre-audit of budget and if it could be eliminated and
Mr. Baines said it could be. Mayor Williams commended he felt it
was not needed.
Motion was made by Don Thompson, seconded by Ron Grimes, to retain
Lohrey and Jay as City Auditors at prices quoted in their May 11,
1978, letter, omitting the pre-audit of budget.
Ayes - Messrs. Williams, Thompson, Grimes and Mrs. Fickle
Nays - None
On Zoning Application OZ-35, From OM to CS, Bland Pitman with Three
Lakes Development showed map of planned shopping center and explained
he needs more space for a well layed out shopping center at the
interchange. Don Thompson asked why did he ask for OM for just a
little corner now ask to go commercial. Bland Pitman explained OM
is the last zoning to be absorbed and he was overzoned on OM pro-
perty. Recommendation from Planning Commission was approved by
staff with no reservations and that legal description had been "~"~"
verified. City Attorney said he has no objections but does not want
any responsibility for it as he has not had an opportunity to review
legal description.
Council Meeting of May 16, 1978
Page Seven
Motion was made by Robbie Fickle, seconded by Ron Grimes, to approve
Zoning Application OZ-35, From OM to CS.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
On Zoning Application OX-36, From AG to RS-1, RS-3, RMH, Tom Baines
stated it is now dedicated and being used for residential, and the
Planning Commission recommends rezoning only those portions for
residential use until we resolve technical questions with Mr. Hale.
Don Thompson reported twenty people attended the Planning Commission
meeting and residents are very satisfied. There were no comments
from the public.
Motion was made by Don Thompson, seconded by Ron Grimes, to approve
Zoning Application OZ-36, From AG to Residential.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle.
Nays - None
On Zoning Application OZ-37, From AG to IL, Tom Baines stated the
last page of the application has staff recommendations.
Motion was made by Ron Grimes, seconded by Robbie Fickle, to approve
Zoning Application OZ-37, From AG to IL.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
Tom Baines notified Council that Oklahoma Municipal Retirement Fund
Trust Administrator invited City to nominate one person by Reso-
lution for election to seat on the Board. City Attorney asked Tom
Baines if we should be concerned with having a representative on
that Board and I~Tr. Baines said he feels it is important. Mayor
Williams recommended Wayne Meyer be nominated, pending required
Resolution.
Don Thompson brought to the attention of the Council that the school
system has asked for waiver of school building permit fee and he feels
the Council should take an official stand so staff does not have to
be subjected to harassment from the school system. Wayne Meyer
related to Council about School Superintendent sending contractor to
City Hall to get his building permit and the contractor stating
Superintendent told him he probably would not have to pay a fee, and
if~he did it would only be a few dollars (when in fact the fee was
$797.50). Tom Baines said he does not feel there should be an
exclusion for the school system as our ordinance says a fee will be
collected. City Attorney commented if we inspect the school with
Council Meeting of May 16, 1978
Page Eight
our personnel that they should pay the inspection fee, otherwise,
actually the City is making a donation of our personnel if no fee
is charged. Tom Baines referred to the Attorney General's decision
regarding government paying government and City Attorney said he
then would recommend City holding check until he can research said
decision, and also determine if school system is actually a
governmental agency. Tom Baines requested City Attorney to research
the Attorney General's decision and the City to hold check and table
fee waiver decision until advised by City Attorney.
Mayor Williams recessed Owasso City Council meeting at 9:58 PM.
Mayor Williams resumed the Owasso City Council meeting at 10:02
with same parties present.
Motion was made by Don Thompson, seconded by Ron Grimes, to move
our July 4, 1978, council meeting to July 11, 1978, due to the
holiday.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
Council resumed discussion of Mr. Sallee's Refuse Contract. Mr.
Sallee restated he would like his contract extended one year. City
Attorney requested time to consult City Code book.
Mayor Williams recessed Owasso City Council meeting at 10:18 for
City Attorney to do same.
Mayor Williams resumed the Owasso City Council meeting at 10:32
with same parties present.
City Attorney advised there are two provisions in the City Code
covering the question of extending Mr. Sallee's Refuse Contract.
One is Garbage and Other Refuse, Article 2, and it does not say
anything about City having to let bids for refuse service.
Secondly, Finance and Business, Article 3, states competitive
bidding is not required when contractural services do not exceed
$2,000.00 in a single transaction. It was pointed out the City
is actually a Collection Agency for Mr. Sallee; that we are
Trustee of the trash funds and he gives us 12% collection fee.
Don Thompson questioned if the City Council can issue legally an
exclusive contract and City Attorney said yes. Tom Baines said
that is pending research of the previously mentioned Attorney
General's decision regarding same. Mayor Williams commented he
felt City should send out bids and the question arose could we
refuse a low bid from a service we did not want. City Attorney
felt City must accept lowest bid and Mayor Williams disagreed and
restated he wanted to send out bids. Tom Baines asked Mr. Sallee
if h.e would extend his contract to July 31. Mr. Sallee said yes.
Council Meeting of May 16, 1978
Page Nine
Mayor Williams asked Council if it is agreeable with them for ex-
tention. Don Thompson replied he wanted it settled now and still
feels we should ask for curb side and house on bid request propos-
als to give City an option on all services available and also felt
perhaps it was not necessary to take bids on any service except
commercial. Don Thompson further commented that on the exclusive
franchise situation City could determine a price according to size
of bins and frequency of pickups. Tom Baines was requested by
Mayor Williams to work up a bid proposal and submit to City Council.
Motion was made by Ron Grimes, seconded by Dan Thompson, to extend
Bud Sallee's present Refuse Contract to July 31, 1978.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
Motion was made by Robbie Fickle, seconded by Ron Grimes, to recess
public meeting and go into Executive Session to discuss personnel
matters.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
City Council convened in Executive Session at 11:20 PM.
Mayor Williams resumed the recessed Owasso City Council meeting
at 11:30 with same parties present.
From discussion in Executive Session, Council notified City Manager
to pay resigned City Clerk her full salary through May 15, 1978.
Motion was made by Don Thompson, seconded by Ron Grimes, to appoint
Wayne Meyer Acting City Clerk until City Clerk position is filled.
Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle
Nays - None
Chair asked for any further business and there being none, Chair
declared meeting adjourned at 11:40 PM.
Mayor
Deputy City C er