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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