HomeMy WebLinkAbout1978.04.18_City Council MinutesThe Owasso City Council met in regular session Tuesday evening, April 18, 1978
per the attached Notice of Public Meeting and Agenda, posted Friday, April 14,
1978, i n Counci I Chambers at City Hal I .
Present
Bill Williams, Mayor
Don Thompson, Counci Iman
Robbie Fickle, Councilwoman
Ronnie Grimes, Councilman Appointee
Harold Charney, City Attorney
Thomas Baines, City Manager
Wayne Meyer, City Treasurer
Pat Christensen, City Clerk
Absent:
Boyd Spencer, Councilman
The meeting was called to order at 7:05 P.M., with Mayor Williams presiding.
Mr. Charney administered the Oath of Office for the Owasso City Council, Owasso
Public Works Authority and Owasso Utilities Authority, as well as the Acceptance
of Trust for the O.P.W.A, and O.U.A. to Mr. Ronnie Grimes before the assemblage
with Mrs. Robbie Fickle, Notary Public, present to attest his signature on the required
forms.
Mayor Williams announced commencement of the second Public Hearing for the Single
Purpose Community Development Block Grant. Mr. Baines identified the new impact
area, resulting from the survey conducted due to the new guidelines set out by HUD
on income levels and other criteria. This area is bounded on the west by the Railroad
tracks from a point between Third and Fourth avenues, northwest to approximately
Second Street; North on Carlsbad including residences on the west side of the street;
then East in approx. the 700 block to 7th street to Main, south on Main to 4th Street;
and east on 4th to residences east of Elm then south to houses bounding 3rd St. on the
south side, then west beginning with the east edge of 2nd street directly south from that
point to the lagoon on Cedar Street; zigzagging west and north to the south end of
Birch and west and north to the alley between 3rd and 4th avenues on Main, then west
to the railroad tracks, the point of beginning. Within this new impact area, the
proposed grant would fund materials for relaying water lines as follows: 600 feet of
6 inch pipe from Main to Atlanta west on Broadway; 600 feet of 6 inch pipe from Atlanta
west on First St.; 825 feet of 6 inch pipe from Atlanta west on Second St.; 300 feet of
6 inch pipe abng Third Ave. from Birch to Cedar; 700 feet of 6 inch pipe from Main
to Birch and east on E. First St.; and 1 ,100 feet of 6 inch pipe from Broadway to Third
St. on Birch, including 4 six inch 3-way fire hydrants along the lines where needed.
He noted if there were no objections (fo the above), then this amended grant would
be submitted to Council for approval. Mayor Williams called for comments or
objections, and there being none, the public hearing ended at 7:18 P.M.
At a later point in the meeting, Mr. Baines noted that securing Council approval for
the Community Development Block Grant for the waterlines as referenced in the public
hearing had been overlooked. At that time, Mr. Thompson, seconded by Mr. Grimes,
motioned to approve submission of the amended Single Purpose grant application to HUD
for the 6 inch waterlines as specified in the new impact area, per the second public
hearing held this date. Motion carried -Ayes -Messrs. Thompson, Williams, Grimes
and Mrs. Fickle.
Counci I meeti ng 4/18/78
page ~2
In that there were no questions or need for discussion on the consent agenda items,
when called for by Mayor Williams, Mrs. Fickle motioned to adopt and approve the
Consent Agenda for the meeting of 4/18/78 as published in the Owasso Reporter on
April 13, 1978, with a second by Mr. Thompson. The Consent Agenda included
approval of:
I . Warrants (for payment)
2. Citizen Participation Plan for the City for HUD grants
3. Request for Appropriation and Cash Fund Estimate for Need for Antirecession
and Street and Alley Funds.
4. Amendment of Agreement for Administration of Sales Tax Ordinances.
5. Minutes of meeting of 3/21 /78
6. Minutes of meeting of 4/4/78.
Motion carried with Ayes -Messrs. Thompson, Williams, Crimes and Mrs. Fickle.
Mr. Thompson moved to approve the minutes of the special meeting of April 10, 1978
seconded by Mr. Crimes, and carried with Ayes -Messrs. Thompson, Grimes,
Williams and Mrs. Fickle.
A "Fire Run Contract" submitted by Mrs . Bonnie W i I I iams with $650 insurance
coverage, reviewed by V. Chase, Fire Chase, was approved by a motion from Mr.
Thompson, seconded by Mrs. Fickle. Ayes -Messrs. Thompson, Williams, Crimes
and Mrs. Fickle.
Mrs. Fickle motioned to approve a Transfer of Appropriations for the General Fund
in the amount of $6,027.56, to close out the 76/77 fiscal year reserves and carry
forward to the 77/78 fiscal year. After an explanation by Mr. Meyer, Treasurer,
that this was the procedure once all bills applicable to the 76-77 fiscal year had
been settled from reserves withheld for this purpose, Mr. Thompson seconded the
motion for approval. Ayes -Messrs. Thompson, Crimes, Williams and Mrs. Fickle.
Following a discussion on the timing of public hearings for appropriation of Revenue
Sharing funds and requirements, with explanations to Council by Messrs. Baines and
Meyer, the first public hearing for comments and recommendations on the usage of
$75,520.00 in revenue sharing funds for Entitlement Period #10, as advised by
advance notice of entitlement, was set for 7:00 P.M., on May 16, 1978 immediately
preceding the City Council meeting. Tentatively, the second public hearing was
also set at this time, for 7:00 P.M., June 20, 1978 immediately preceding the Council
meeting of that date. It was noted by Mr. Meyer that there is no restriction on con-
ducting only two public hearings prior to appropriation of funds, and if desired, any
number of hearings could be held, however, the appropriations should be made no
later than sixty days from commencement of our fiscal year, which is July 1 .
Responding to a question about an alternate bid submitted for the draperies for the .~
new Community Center building, Mr. Baines advised that staff approval for the
fabric specified in the alternate bid was given prior to submission of bids to this
bidder. He explained that this bidder pointed out that the fabric originally speci-
fied in the Notice to Bidders, because of an open weave and no set repeat of pattern
as well as the fiber content, sagging, appearance and inability to maintain flame-
proofing over a period of time, this material would not meet the needs or be to our
Council meeting 4/18/78
Page ~3
satisfaction. From several patterns of the basically same colors in original fabric, a
committee selected an alternate pattern and material of 100% polyester, which the
bidder then used in an alternate proposal. A tabulation of bids submitted per
specifications _is as follows:
BIDDER AMOUNT VARIATIONS
Carpet City $3,303.33 None
Carpet City 2,969.41 100% Polyester fabric
Sweet's Spring Crest 3,456.00 None
Ken Sasser 3,648.96 None
Upon staff recommendation, Mrs. Fickle motioned to accept the proposal from
Carpet City for $2,969.41 ,using the alternate 100°I° polyester fabric, which is
inherently flameproof, a Fabricut pattern -Argo, pumpkin. Mr. Grimes seconded
the motion. Ayes -Messrs. Thompson, Grimes, Williams and Mrs. Fickle.
Only one bid was received for a flexible sewer rodding machine, although the
Notice to Bidders was published with specifications and four companies handling
this type of equipment were contacted by mail . The proposal came from Rockwell
International, for their Uniflex machine in the amount of $6,274.35, meeting all
specifications set out in the Notice to Bidders. This amounts to $274.35 over the
estimated cost of the rodding machine. Mr. Thompson motioned to accept the bid
from Rockwell Int'I . for a Uniflex sewer rodding machine in the amount of $6,274.35
with a second from Mrs. Fickle. Ayes -Messrs. Thompson, Will'~ams, Grimes and
Mrs. Fickle.
Only one bid was received for the South baseball field lighting at Rayola Park, in
the amount of $6,925 from Wise Electric; this proposal is in excess of an estimate
made by another firm over a year ago, by $425, the estimate not including three
lockable breaker-type switch boxes and the bid is also considerably laver than the
$8,100 budgeted. Therefore, Mr. Grimes motioned to accept the bid from Wise
Electric, of $6,925 for the South baseball field lighting at Rayola Park, with a
second from Mr. Thompson. Ayes -Messrs. Thompson, Grimes, Williams and Mrs.
Fickle.
Mr. Baines briefly explained the purpose of a letter to the Council from Mr. Ray
Bailey, wherein, he requested reassignment of two easements given to the City
lying in Original Township Blocks 29 and 34; and a trade of a privately owned
8" sewer line in Block 29, Orig. Township, with a 10' easement in consideration
for 5 sewer taps to be utililized in Blocks 29 and 34, when the area is developed
for light industrial use. Mr. Charney advised that this matter should be researched
by himself and the City Engineer's office before any action is considered, therefore,
the matter was passed until a later meeting when staff recommendation is available.
Mr. Charney reviewed the changes to Chapter 9 of the City Code, with reference to
a proposed ordinance outlining refuse collection requirements. He noted that the
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Page #4
only change to description of household refuse was that cans are not to exceed three
30 gallons of not more than 50 lbs. per container when filled; and with regard to
service fees, the amendment provides that "The fees for said service shall be as
the Council may determine from time to time by Resolution." Also, with reference
to placement, the City Code would be amended to read ....shall place all garbage
in watertight, metal or plastic containers that must be of sufficient size to hold not
less than 10 nor greater than 30 gallons with close-fitfiing covers, said containers
to be placed not less than 50 feet from the front street curb line or next to or adjacent
to the front part of the premises closer than 50 feet from said curb line." Mr.
Thompson moved to adopt the proposed Ordinance, #232, amending Chapter 9 of
the City Code, Refuse Collection as read, to become effective the 1st day of May
1978. Motion carried with a second from Mr. Crimes; Ayes -Messrs. Thompson,
Williams and Grimes, and Mrs. Fickle.
The Emergency Clause for Ordinance X232 was adopted on a motion by Mr. Thompson,
seconded by Mrs. Fickle. Ayes -Messrs. Thompson, Grimes, Williams and Mrs. Fickle.
Mr. Charney then introduced a Resolution to establish service fees for refuse collection,
noting that he had taken the initiative of providing for a special rate for apartments of
three or more, and a trailer park, when a common point of collection is used. The
feasibility of this type of rate schedule was discussed between Council members and ~..,~.
Mr. Sallee, the contractor, and it was determined that this would be acceptable to
~~ _ all concerned. Mrs. Fickle motioned to adopt the Resolution establishing service
`~`~' ~~ fees for refuse collection at $4.50 per single family units, duplexes, apartments and ""
trailers, wi th the exception of apartments of three or more units and trailer parks
with a common point of collection, for which the fee would be $3.00 per unit.
Mr. Thompson seconded the motion; Ayes -Messrs. Thompson, Williams, Grimes and
Mrs. Fickle. The fee schedule is to become effective the 1st day of May, 1978.
The Emergency Clause for this Resolution was adopted upon a motion by Mr. Thompson
and a second by Mrs. Fickle. Ayes -Messrs. Thompson, Williams, Grimes and Mrs.
Fickle.
A 30 yard bulk container will be set at the South end of Sirch Street on Friday evening,
for collection over the weekend of April 22 and 23, as previously discussed and agreed,
at the expense of the City. The amendment to the agreement between Mr. Sallee and
the City was unavailable at this time due to schedule conflicts between Mr. Sallee and
Mr. Charney, therefore, it will be presented at the next Council meeting of May 2, 1978.
The list of materials needed to provide fire hydrants to a portion of Koma Acres from
the Gracela nd~ Acres waterline was read by the Mayor, and Mr. Thompson motioned to
advertise for bids by notifying a minimum of 5 potential bidders directly, and publishing
the intent of the City to secure bids with specifications available from the City Clerk's
office, in the Owasso Reporter and the Tulsa newspaper; said bids to be for materials ~-~
for the Graceland Acres/Koma Acres waterline and fire hydrants project. Motion
seconded by Mrs. Fickle; Ayes -Messrs. Thompson, Crimes, Williams and Mrs. Fickle.
1 L._ ___. _. __.._. _. _.___._-_-__ _.. __.. _.__.
Council Meeting 4/18/78
Page ~5
By motion of Mrs. Fickle, and a second by Mr. Thompson, payment of warrants for
the General Fund, Senior Citizens Center Grant Fund, Sinking Fund, Revenue
Sharing Fund, Street and Alley Fund and Antirecession Fund, as listed and made
a part of these minutes, was approved. Ayes -Messrs. Thompson, Williams, Grimes
and Mrs. Fickle.
NEW BUSINESS
Mr. Baines submitted a water bill from Rural Water District ~3, Washington County,
for service to McCarty Park in the amount of $57.32, explaining that although a
monthly billing of $7.75 for the minimum usage had been paid for a year, we now
owed for slightly over 25,000 gallons which had not been turned in on the reading
cards previously. This resulted from reading a meter in the interior of the park which
showed very little if any usage, and the first meter through which the water evidently
passed on the outer edge of the park had not been read. The meter set in the interior
of the park is purportedly for use of the Round-up Club, and is on the same line as
the meter at the outer edge of the park; however, there are no other taps to the line
between the first meter and the interior meter. There was some discussion on whether
the Round-up Club should be responsible for payment of the water bill, but when
it was indicated that the club participated in raising a large portion of the funds for
the purchase of the park and had a ten year lease for use of certain gro;mds, this
alternative was dropped for the time being. It was noted that further consideration
should be given the meter situation, however, payment of the $57.32 billing to
bring the account up to date was approved with the warrant to be issued the next
working day and added to the list of approved warrants for payment, on a motion
by Mrs Fickle, seconded by Mr. Grimes. Ayes -Messrs. Thompson, Williams,
Grimes and Mrs. Fickle.
Mr. Thompson also motioned to approve payment of $259.00 to Rosenstein, Fist &
Ringold to reimburse the cost of a deposition "of Sarah Higeons from Ballard
Reporting, the warrant to be issued and added to the list of approved warrants, with
a second from Mrs. Fickle. Ayes -Messrs. Thompson, Williams, Grim es and Mrs.
Fickle.
Mr. Baines introduced a representative from INCOG (Mr. Richard Brierre) to explain
the joint application for Community Development Block Grants as mentioned at the
last Council meeting. He noted that we had met all requirements for eligibility for
the $17,000 single purpose grant, the amended application of which was approved
at this meeting. Under new guidelines, effective in 1977, the new Community
Development Glock Grant Small Cities Program provides funding on a competitive
basis for communities under 50,000 and counties under 200,000 population. A funding
level of approximately $2.5 is expected to be available for the 14 metropolitan counties
of 4 Standard Metropolitan Statistical Area's in Oklahoma, with basically the only
limit being sewage treatment plants, government centers and sports arenas are not
eligible. A joint application process would be the best way for Owasso to participate,
since general grant ceilings have been established at $500,000 for single purpose
grants, and the criteria setting guidelines utilizes figures from the 1970 census.
Council Meeting 4/18/78
Page #6
Approximately $75,000 would be available to Owasso under this type of appli-
cation. A preapplication must be submitted by May 15, 1978, and the pre-
application requires two public hearings, one of which has already been held
by the City of Owasso. HUD only invites a full application from the higher
ranking cities where money is available; the preapplication would apply to the
same impact area as the single purpose grant for which we have applied, and
would have to specify the activity to be undertaken. Purposes of a grant project
should be for the physical development and other needed activities to upgrade
low income areas, i .e., could be used to bring individual homes up to standard
and housing or building code requirements through enforcement of a minimum
housing code, but cannot be used for new construction. Mr. Baines pointed out
that a sum of $75,000 would not go far in housing rehabilitation, but would on
a water, sewer, drainage or street improvement program which wou Id uFtimately
serve more people. Prospects for funding are also much greater where more
people are assisted. A second public hearing for input for the preapplication
for a C.D. B.G .was set for 7°00 P.M., May 2, 1978 immediately preceding
the City Council meeting.
Mrs. Fickle introduced one of her constituents, Mrs. Cynthis Craves, who wished
to appeal to the Council for reimbursement of expenses incurred when the sewer
backed up into her home. She had submitted a letter with attachments, and ,,.~
conferred with Mr. Charney about the situation already. Mr. Charney explained
that -handling deliverance of water and removal of sewage by a city falls within
the realm of a government function, and unless there is involved some negligance
on the part of the City in this function, there is no liability on the part of the city
in pursuance of a governmental function. He advised the Council that the city
has no legal right to pay for the damages to Mrs. Graves, and also advised her
that perhaps she should seek legal counsel of her own, to show if in any way that
the city is liable should she not understand or agree with his opinion. Mayor
Williams advised Mrs. Graves that under advisement of City Counsel, the Council
would not and could not consider her request.
Being no further business to be considered by the Owasso City Council, Mayor
Williams adjourned the meeting at 8:30, calling fora 5 minute recess before
continuing with the Authorities governing board meetings.
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MAYOR
ITY CLERK
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