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HomeMy WebLinkAbout1978.05.02_City Council Minutes The Owasso City Council met in regular session Tuesday evening, May 2, 1978, per the attached Notice of Public Meeting and Agenda, posted April 28, 1978, in Council Chambers at City Hall. Present: Bill Williams, Mayor Tom Baines, City Manager Don Thompson, Councilman. Harold Charney, City Attorney Robbie Fickle, Councilwoman Pat Christensen, City Clerk Ronnie Grimes, Councilman Appointee Richard Brierre, INCOG Boyd Spender, Councilman The meeting was called to order by Mayor Williams at 7:00 PM, with the presentation of the Employee of the Month award for April 1978, to Patti Helm, Police Department Dispatcher. The second Public Hearing for recommended usage of funds which may be obtained in a Multi-Purpose C.D.G.B. grant application, for $71,000 approximately, commenced with Mr. Baines reviewing his proposal for general drainage improvements within the pre- viously selected impact area of the Owasso community. No other suggestions were presented, therefore Mrs. Fickle motioned for Council to approve a Resolution of Intent to make joint appli- cation with three other Tulsa County Communities for a C.D.G.B. (Multi-Purpose) Grant, with funds to be used for General Drain- age Improvements within the designated impact area ;. second to motion by Mr. Spencer. Ayes - Messrs. Thompson, Spencer, Williams, Grimes and Mrs. Fickle. The three items of the Consent Agenda - Minutes of the April 18, 1978 meeting, Treasurer's Report for March and warrants for pay- ment - were approved by a motion from Mr. Spencer, seconded by Mr. Grimes. Ayes - Messrs. Thompson, Spencer, Grimes, Williams and Mrs. Fickle. Beginning new terms of office, Mrs. Fickle and Mr. Spencer were administered Oaths of Office for Council and Trusts, and the Acceptance of Trusts, by City Attorney, Harold Charney. Mayor Williams then called for nominations for Mayor and Vice- Mayor for the 1978-79 Term Year. Mr. Spencer nominated Bill Williams by Motion, receiving a second from Mrs. Fickle. There were no other nominations, and Mr. Williams was elected to the office of Mayor for 1978-79 with Ayes from Messrs. Thompson, Spencer, Grimes and Mrs. Fickle. Mr. Williams abstained from voting. Mr. Grimes nominated Boyd Spencer for office of Vice-Mayor by motion, seconded by Mr. Thompson, contingent upon Mr. Spencer's acceptance of the nomination. Mr. Spencer, explaining that his doctor felt duties required of him in performance as Council- man would not pose a health problem, accepted the nomination, and there being no further nomination, he was elected to office of Vice Mayor for 1978-79 with Ayes from Messrs. Thompson, Grimes, Williams and Mrs. Fickle. NTr. Spencer abstained from voting. Council Meeting 5/2/78 Page Two A discussion of the city sewer with Dr. Bryson was continued until next meeting because information needed was incomplete at this time. Mr. Charney briefly reviewed the new agreement with Mr. Sallee for Refuse Service, to which he shall prepare an amended second page at the request of Mr. Sallee and Council. The amendments include striking the reference to "apartments" under privately negotiating fees, the "area" under Public Refuse Center; and adding "reaching over fences, through gates, etc." in collection requirements. Mr. Thompson moved for approval of the agreement with the amendments, and Mr. Grimes seconded. Ayes - Messrs. Thompson, Spencer, Grimes, Williams and Mrs. Fickle. Mr. Charney reported that after confering with Mr. Edlemen of the City Engineer's staff, he concluded that Council could not honor Mr. Bailey's request to reassign easements or allow a trade of five sanitary sewer taps for dedication of the line. He noted that although Mr. Bailey paid for materials for sewer line, the City installed some and connected this line to the City system, thereby making the sewer line in question City owned without need of dedication. Further, even if the City were to vacate the public utility easement, as long as a line existed the City still retained all rights of access and could legally reopen such "easement". There was the possibility that r4r. Bailey could reroute the line at his expense; he would have to go through District Court to show reason for vacating the line. Mayor Williams suggested that if the line were not set too deeply, possibly an easement of less than 20 feet might be required, thereby allowing the return of a portion of the ease- ment; this would have to be done by Ordinance or Resolution. Mr. Baines was directed to prepare a letter to Per. Bailey ex- plaining the Council's reasons for denial of this request. The Addendum list of warrants presented for payment was approved by motion of Mr. Thompson, seconded by Mrs. Fickle. Ayes - Messrs. Thompson, Spender, Grimes, Williams and Mrs. Fickle. A Supplemental Appropriation of $29,000 plus to the General Fund was approved on a motion by Mrs. Fickle, seconded by Mr. Thompson. Ayes - Messrs. Thompson, Spencer, Grimes, Williams and Mrs. Fickle. Mr. Spencer motioned for approval of CETA grants for a Deputy Animal Warden and a Bus Driver for the Senior Citizen's new bus, to include salaries and fringe benefits to run from May 15 through September 30, 1978, with a second from Mr. Thompson. Ayes - Mrs. Fickle and Messrs. Grimes, Spencer, Thompson and """ Williams. A discussion of the expense expected to operate the 14 passenger bus, including gas, maintenance and a driver, as well as proposed usage and the fact that the bus is actually the property of Owasso Council on Aging, an incorporated group with an agreement with the City for housing and management, Council Meeting 5/2/78 Page Three brought about the need for a meeting between City Council and Council on Aging members to establish a policy and a budget to support the bus program. They will attempt to accomplish this at the next meeting of the Council on Aging. NEW BUSINESS Steve Carr presented rezoning request from AG to CG, OZ-34 from Maurice Fry, for property adjacent to the bus barn directly East of Birch and at the East end of 2nd Street. Mr. Fry and Mr. Lambert, an Owasso resident, spoke on behalf of the rezon- ing request at length, indicating that their proposed usage of the property was for a mini-storage warehouse. It was noted that for this purpose it would also be necessary to make appli- cation to the Board of Adjustments for special exception use. Mr. Carr reviewed the application for rezoning indicating that although the Owasso Planning Commission recommended approval, the staff recommendation was for denial, based primarily on the projected usage of the area in the Master Plan for Owasso adopted in 1969 for Multi-Family Residential zoning; the existing sur- rounding area being single family residential, churches and an elementary school, as well as access to the property being limited to a non-arterial dead-end street. Comments from Mr. Spencer and Mr. Thompson supported this recommendation, includ- ing Nir. Thompsons concern about commercial use increasing run- off and drainage problems downstream. Therefore, Mr. Thompson seconded a motion by Mr. Spencer, to accept staff recommenda- tion for denial of rezoning request ~~OZ-34. Ayes - Messrs. Thompson, Spencer and Williams. Nays - Mrs. Fickle and Mr. Grimes. Motion carried with a majority vote to deny rezoning request OZ-34. The second Public Hearing on the proposed Flood Plan Management Ordinance included explanations of the necessity for Owasso to enact such legislation for eligibility of the Community for the Federal Insurance Administration; that it would require build- ing and/or zoning permit receiving special clearance if the area was in Zone A - a flood hazard area; Part "E" and "F" in reference to elevation was based on a 100% upstream urbaniza- tion or development which is considered a safety factor in itself in lieu of specifying "a one foot above" level; and Sec. 3-A required mobile homes "tie down". In addition, dur- ing the first public hearing, held before the Owasso Citizen's Commission and the Owasso Planning Commission, and the Techni- cal Advisory Committee, the City Engineer also in attendance, approved the provisions of the ordinance and recommended its passage. Mr. Charney added his recommendation for adoption, noting that revisions felt necessary at a later date could be made with notification to the F.I.A, to maintain the communitys insurability. The Ordinance will be placed on the Consent Agenda for the May 16, 1978 Council meeting for action, and the public hearing ended. Council Meeting 5/2/78 Page Four Mr. Baines reviewed a HUD Section 701 Local Planning Assistance Program grant application seeking funds for an application for a city-wide Capital Improvements Program and Housing Code. He advised a letter had already been sent to D.E.C.A. to this affect and the appropriate Resolution needed passage. Where- upon Mrs. Fickle motioned to adopt a Resolution authorizing TMAPC to perform planning services in conjunction with this grant application, seconded by Mr. Thompson. Ayes - Mrs. Fickle, and Messrs. Thompson, Spencer, Grimes and Williams. Mr. Thompson motioned to adopt a Resolution appropriating $1,796.17 from the General Fund for completion of the planning program, seconded by Mrs. Fickle. Ayes = Messrs. Thompson, Spencer, Williams, Grimes and Mrs. Fickle. Reviewing tabulations of bids submitted for the Public Works Department for 3/4 ton pickup, and upon staff recommendation, Mr. Thompson moved to accept the bid from Crager GMC for a 350 V8 engine, as per bid, complete to specifications, for a total cost of $4,769.00, and Mr. Grimes seconded the motion. Ayes - Messrs. Thompson, Spencer, Grimes, Williams and Mrs. Fickle. (Copy of tabulation attached hereto and made a part of these minutes . ) . On the basis of a request from the Civil Defense Director and the City Clerk, a copy of which is attached to and made a part of these minutes, a motion to waive competitive bids for the Civil Service siren by Mr. Spencer, with a second from Mrs. Fickle. Ayes - Messrs. Thompson, Spencer, Williams, Grimes and Mrs. Fickle. Mr. Baines advised that the proposals received from bidders for the HUD grant waterline will be returned unopened, since we did not have final grant approval. Action will be initiated for bids when this approval is received from HUD. A brief recess was called at 9:50 PM and the meeting reconvened at 10:00 PM, with Mayor Williams calling for an Executive Session following the Council meeting for the purpose of discussing pending litigation against the City with Mr. Charney. Review of the Owasso Community Center Advisory Board's By-Laws and Constitution was passed until the next meeting. The proposed Rules for Use and Fee Schedule for the Community Center was also passed until the next meeting, with Mr. Baines noting that they do not necessarily need adoption, but rather the City Manager can be designated as the authority to handle "°""' such matters, with appeals for variations referred to Council. - _ - -- _ -- - - _ _ __ I Council Meeting 5/2/78 Page Five On a request from the Owasso School Board, a 90 day temporary waiver of the Platting Requirements, at which time a final plot shall be submitted, was granted for the future Elm Creek Ele- mentary School by motion of Mr. Thompson, with a second from Mr. Grimes. It was noted by Mr. Baines that they have submitted a site plan and preliminary plat, and do have access to all necessary information for filing the final plat, and therefore do not need a complete waiver of requirements. Ayes - Messrs. Thompson, Spencer, Williams, Grimes and Mrs. Fickle. Mr. Baines requested the Council's intentions with regard to acceptance of the Community Center Building. After much dis- cussion of all that is involved, it was determined that if Mr. Charney, after meeting with the Contractor, could secure a letter from Helm Company wherein they would agree to release the City from any liability in the Department of Labor actions, and allow acceptance without further payment until labor pro- test is settled and funds released by Department of Commerce, the E.D.A., then Council would reconsider accepting building. Otherwise, no such action shall be taken until the contract is free and clear of anyone's intercession. With no further business to be acted upon, Mr. Grimes motioned to recess this meeting and hold in continuance until such time that Mr. Charney can report on the Community Center building for action as discussed. Mr. Spencer seconded this motion; meeting recessed at 10:20 PM. MAYOR ~. ~~~,, ~,~y~ ~~1 DEPUTY CITY CLERK