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Home My WebLink About1985.02.05_City Council Minutes178 On Tuesday, February 5, 1985, the Owasso City Council met in a regular session in the Council Chambers at City Hall per the Notice of Public Hearing and Agenda posted on City Ha11 bulletin board at 4:00 p.m. on February 1, 1985. Addendum to Agenda was posted on City Hall bulletin board at 2:00 p.m. on February 4, 1985. ITEM l: CALL TO ORDER The meeting was called to order at 7:00 p.m, with Mayor Spencer presiding. ITEM 2: FLAN SALTJTE Flaa salute eras led by T~ayor Spcrcr. ITEM 3: Rc~LL CALL PRESEi3~: Boyd ice. Spencer, iayor ,Ju::c~.~ Smalley, C.ouncllmar. V.^r?. Stockler, Councilmar. Dan ~.allo~aay, City Manager Ror. Cates, City "ttorncy Ann Hendrickson, City Clerk ABSEi~TT: Wauhilieau Webb, Vice-Mayor Robert Peel, Councilman ITEM 3-A: ACKNOWLEDGEMEiQT OF COUiQCILMAN PEEL'S ITdABILITY TO ATTEND DUE TO HEALTH. Motion was made by Mayor Spencer, seconded by Von Stockler, to extend to Mr. Peel an excused absence for at least two months. AYF, : iies.~7r~ . Spcricer, StOCk12r , ~Iiiailcy T1AY : done Motion carried. ITEM 4: CONSIDERATIOi1 OF APPROVAL OF MIi1UTES OF JAi1UARY 15, 1985 COUiQCIL r~ETING. Motion was made by James Smalley, seconded by Mayor Spencer, to approve the minutes of January 15, 1935, by reference made a part ~~Y~~ ~...; ~..:..; r . AYE: Messrs. Spencer, Stockier, Sm~11ey ivAY: None Motion carried. ITEM 5: BUSIi1ESS A. CON5IDERATIOII OF ADOPTIOTd OF R.~~SOL'JTIOT~ ~~85-O~E.P:i20VIDING PRO- CEDURES TO BE FOLLOWED IN RECEIVING COMPETITIVE BIDS, OPEi1ING OF COMPETITIVE BIDS, A~1D PRESEi1T~TI01Q OF COT'TPETITIVE BIDS TO THE CITY OF OWASSO, OK. AND PROVIDITIG NOTIFICATION THEREOF IN ALL BID NOTICES. 179 OWASSO CITY COUNCIL PAGE TWO FEB. 5, 1985 Motion was made by Von Stockler, seconded by James Smalley, to ~,, adopt Resolution ~~85-04. AYE: Messrs. Spencer, Stockler, Smalley. NAY: None Motion carried. B. CONSIDERATION OF ADOPTION OF RESOLUTION ~k85-06, SAME BEING A RESOLUTION PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA IN ARTICLE 2, ARTICLE 3, AiQD ARTICLE 7 THEREOF, AND CALLING FOR AN ELECTION IN THE CITY OF OWASSO, OKLAHOMA FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED, QUALIFIED VOTERS OF SAID CITY OF OWASSO, OK. THE QUESTIONS OR AMENDING AND REPEALING VARIOUS SECTIOi~IS IN THE AFOREr1EN- TIOi~IED ARTICLES OF THE CHARTER OF THE CITY OF OWASSO, SETTING Motion was made by James Smalley, seconded by Von Stockler, to adopt Resolution ~~85-06. AYE: Messrs. Spencer, Stockler, Smalley. NAY: None Motion carried. C. CONSIDERATION1 OF DECLARING AN EMERGENCY, RESOLUTION ~k85-06. Motion was made by Mayor Spencer, seconded by James Smalley, to declare an emergency for Resolution ~~85-06. AYE: Messrs. Spencer, Stockler, Smalley. NAY : i~Ione Motion carried. D. CONSIDERATION OF OFFER BY MR. FRED MORGAid TO SELL TO THE CITY OF OWASSO THE PROPERTY IMMEDIATELY NORTH AiQD ADJACENT TO THE CITY S PROPERTY AT THE OLD U.S. POST OFFICE BUILDING ON MAIN ST. LOT IS 50 FEET WIDE 150 FEET DEEP AND IS OFFERED AT 35,00 . City Manager outlined possible uses of the property. r Motion was made by Mayor Spencer, seconded by Von Stockler, to authorize the City Manager to negotiate with Mr. Fred Morgan for the possible purchase of the described property. ~~ AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. OWASS~ CITY COUNCIL PAGE THREE FEB. 5, 1985 E. CONSIDERATION OF ACCEPTAPdCE AND APPROVAL OF SEWER EASEMENTS FROM LARKIN AND ELSIE BAILEY. Motion was made by Mayor Spencer, seconded by Von Stockler, to accept and approve the sewer easements from Larkin. and Elsie Bailey. AYE: Messrs. Spencer, Stockler, Smalley NAY : ilone Motion carried. F. COIISIDE£ZATION OF REQUF~ST FRO1~1 PArtAI~. DEVELOPME1vT, INC.. (BURGER KING) TO ALLOW VARIANCES TO SECTIOIQS OF ORDINANCE ~t309 WITH REGARD TO THE DENIAL OF PERMIT FOR GROUND SIGN. I'r_eul was .~i:~cussed with t1r. H. Max Felton, representative of Pamax Development, Inc. Ordinance 1309 requires the vote of four or more members of the City Council. Since there were not four members present, item was passed to February 19, 1985. G RECONSIDERATIOiy OF REQUEST FROM OWASSO CHAMBER OF CCT~~IERCE FOR WAIVER OF FEES AND LICENSES FOR TRAIL DAYS. Item was discussed with Mr. Frank Enzbrenner and Rev. Dale Blackwood. Motion was :Wade by James Sma.l.ley, seconded by Mayor Spencer to deny the request for waiver of fees ~.nd licenses. AYE: lessrs. Spencer and Smalley NAY:. (ABSTAIi1) Mr. Stockler Motion carried. Item was passed to February 19, 1985 Council agenda. Councilman Smalley asked that Chamber members. present meat with the City Attorney and City Manager to find a way to solve the fee problem, stating that the Council wished to be a part of Trail Days and work with the Chamber in this project. H. CONSIDERATION OF REQUtS`1' FOR A~'P20VAL OF PRELIMIdAR'~/COi~fDl'1'IO11AL FIi1AL PLAT ON ~^3.~4 ACRE REPLAI GF .ATOR HEIGHTS iV ADDITION r nrem~n ~T TuF cnTTTUi~TF'~T ['.~1RTQFR (~F ~~i~Tl~ STREET & GAKV;E"1'1' ATOR City Manager gave a status report on plat. Item was passed to February 19, 1985 Council agenda.- I. CONSIDERATION OF APPROVAL OF PAYMENT OF ADDITIONAL B.?LLI~1G FOR AUDIT. Motion was made by James Smalley, seconded by Von Stockler, to approve payment of additional billing for audit. OWASSO CITY COUNCIL PAGE FOUR FEB. 5, 1985 AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. J. INQUIRY AND DISCUSSION OF PROCEDURES PERTAINING TO THE OWASSO MUNICIPAL COURT.. Council discussed procedural matters, in particular the Court having started late on several occasions and asked the Court Clerk to relay the discussion to the Judge. K. CONSIDERATION1 OF AUTHORIZATION TO ADVERTISE FOR BIDS FOR ONE CIVIL DEFENSE WARNING SIREN. Motion was made by Mayor Spencer, seconded by Von Stockler, to authorize the advertising for bids for one civil defense warning siren. AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. L. CONSIDERATION OF AUTHORIZATION OF CITY MANAGER TO PURCHASE UHF REPEATER SYSTEM FOR CIVIL DEFENSE RADIO SYSTEM, CIVIL DEFENSE BUDGET ITEM 302 GALLOWAY. Motion was made by James Smalley, seconded by Von Stockler, to authorize the City Manager to purchase UHF Repeater System. AYE: Messrs. Spencer, Stockler, Smalley IQAY : None Motion carried. M. CONSIDERATION OF AUTHORIZATION OF CITY MANAGER TO PURCHASE TWO 8 CHANNEL BASE RADIO STATIONS FOR CIVIL DEFENSE OFFICE, II~tCLUDED IN CIVIL DEFENSE BUDGET ITEM ~~302 GALLOWAY. Motion was made by James Smalley, seconded by Von Stockler, to authorize the City Manager to purchase two 8 channel base radio stations. AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. O~TASSO CITY COUNCIL PAGE FIVE FEB. 5, 1985 N. RE UEST FOR EXECUTIVE SESSION: LITIGATION, SCOTT VS. CITY OF OWASSO. 0. REQUEST FOR EXECUTIVE SESSION: POSSIBLE LITIGATIOTd: CLAIM - FILED ON BEHALF OF MRS. NAPATQEE COFFMAN, PURSUANT TO LK. STAT. TITLE 51, ~~156. The Mayor asked that these items be passed to the end of the agenda. P. CONSIDERATION OF ADOPTIOIQ OF RESOLUTION ~~85-07 URGING THAT THE OKLAHOMA LEGISLATURE ESTABLISH IN THE IMPLEMENTATION LEGISLATION REGARDING LIQUOR-BY-TH -DRINK TH T THE STATE OFOF OKLAHOMA, ITS CITIES AND TOWNS 5I~ALL JOINTLY AND CON- CURRENTLY ENFORCE ALCOHOLIC B VERAGE LAWS UNDER THEIR RESPECTIVE POLICE PO RS Ai D, FTJRTH R, THAT CITIES AND TOWNS BE SPECIFICALLY DELEGATED AUTHORITY TO EN CT AND ENFORCE REASONABLE ORDINANCES TN SUBSTANTIAL CONFORMITY TO LIQUOR-BY-THE-DRINK LEGISLATION AND BE AUTHORIZED TO ISSUE REGULATORY PERMITS II~T SUCH REGARD. Motion was.. made by Mayo r_ Spencer, seconded by Von Stockler, to adopt Resolution ~~85-07. AYE: Messrs. Spencer, Stockler, Smalley NAY : IQone Motion carried. Q, %OTISIDERATIOiV OF AUTHORIZATIO?d FOR CITY MANAGER TO ADVERTISE FOR BIDS FOR A NEW 30 HP TRACTOR FOR THE STREET DEPARTIKEIQT. FUNDS ARE IDENTIFIED ITJ THE 198 -1985 BUDGET FGR THIS ITEM. GALLOWAY. Motion was made by Mayor Spencer, seconded by Von Stockler, to authorize the City Manager to advertise for bids for a 30 hp t-r. actor . AYE: I>iessrs. Spencer, Stockler, Smalley NAY: None Motion carried. 6. REPORT FROM CITY ATTORNEY None 7. REPORT FROM CITY MANAGER T~Tone 8. NEW BUSINESS Pastor James L. Hobbs of the United Pentecostal Church asked the OWASSO CITY COUNCIL PAGE SIX FEB. 5, 1985 Council to review recommendations of the Owasso Board of Adjust- ment to deny a request for special exception. Mayor Spencer explained that the Council had no authority to review any action of the Board of Adjustment. Motion was made by James Smalley, seconded by Von Stockler, to recess the Owasso City Council meeting and to reconvene after the Owasso Public Works Authority meeting. AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. Meeting recessed at 8:23 p.m, and reconvened at 9:45 n.m. N. REQUEST FOR EXECUTIVE SESSION: LITIGATIONQ, SCOTT VS CITY OF OWA5S0. Mr. Cates advised the Council that on February 12, 1985, he would be arguing the case before the State Supreme Court and would discuss the matter with Council in Executive Session if they desire. 0. REQUEST FOR EXECUTIVE SESSION: POSSIBLE LITIGATION: CLAIM -FILED OiQ BEHALF OF MRS. NAPANEE COFFMAiJ PURSUANT TO OKLA- HOMA STAT. TITLE 5 1 6. Mr. Cates advised that he had been apprised of the claim sub- mitted on behalf of Mrs. Coffman and had forwarded it to the Oklahoma Municipal League/Oklahoma Municipal Assurance Group to give :them notice as soon as possible. He asked that the Council consider making a motion that the claim be submitted to OMAG for consideration prior to the Council making any rejection or acceptance. Motion was made by Von Stockler, seconded by James Smalley, to submit the claim of Mrs. Napanee Coffman to the Oklahoma Muni- cipal League/Oklahoma Municipal Assurance Group for their consideration. AYE: Messrs. Spencer, Stockler, Smalley NAY: None Motion carried. No Executive Session was held on Item N or 0. Motion was made by James Smalley, seconded by Von Stockler, to adjourn the Owasso City Council. OWASSO CITY COUNCIL PAGE SEVEN FEB. 5, 1985 AYE: Messrs. Spencer, Stockier, Smalley NAY: None Motion carried. Meeting adjourned at 9:50 p.m. h/ Boy ~. Spe cer, Mayor ~YIM AUL.~if/1 O~i1 ~c r -i~A~y--~~ non Hendric son, City Clerk