HomeMy WebLinkAbout1985.05.07_City Council MinutesOn Tuesday, May 7, 1985, the Owasso City Council met in a regular
session in the Council Chambers at City Hall per the i~Totice of
Public Hearing and Agenda posted on City Hall bulletin board at
4:00 p.m, on May 3, 1985.
ITEM l: CALL TO ORDER
The meeting was called to order at 7:00 p.m. with Mayor Spencer
presiding.
ITEM 2: FLAG SALUTE
Flag salute was led by Mayor Spencer.
ITEM 6: ROLL CALL
PRESE1T: Boyd M. Spencer, T~Zayor
`Jon Stockler, Councilman
James Smalley, Councilman
Robert Peel, Councilman
Dan Galloway, City Manager
Ron Cates, City Attorney
Ann Hendrickson, City Clerk
ABSEiQT: Wauhilleau Webb, Vice-Mayor
ITEM 9: COi~1SIDERATIOi~T OF APPROVAL OF MINUTES OF APRIL 16, 1985
CITY COUi1CIL MEETIi1G.
Motion was made by James Smalley, seconded by Von Stockler, to
approve the minutes of April 16, 1985, by reference made a part
hereof.
AYE: Messrs. Spencer, Stockler, Smalley, Peel
1AY : i~lone
Motion carried.
ITEI~i 10: CONSIDERATION OF APPROVAL OF MINUTES OF APRIL 23, 1985
SPECIAL COUiQCIL MEETIiQG.
Motion was made by Robert Peel, seconded by Von Stockler, to
approve the minutes of April 23, 1985 by reference made a part
hereof.
AYE: Messrs. Spencer, Stockler, Smalley, Peel
NAY : i~Tone
Motion carried.
ITEM 3: CONSIDERATION OF APPOIi1TMENT OF FAME SMITH AS DEPUTY
CITY CLERK TO SERVE IiQ THE ABSENCE OF THE CITY CLERK.
Motion was made by Von Stockler, seconded by Robert Peel, to appoint
Faye Smith as Deputy City Clerk to serve in the absence of the
OWASSO CITY COUiVCIL PAGE TWO MAY 7, 1985
the City Clerk indefinitely.
AYE: Messers. Spencer, Stockler, Smalley, Peel
NAY : IJone
Motion carried.
4. SEATII~TG AND SWEARING IN OF KENiQETH M. WOOD AS NEWLY ELECTED
CITY COUNCIL MEMBER FROM WARD 1.
Mr, mood was given the Oath of Office by the City Attorney and
seated as the Councilman for Ward 1.
5. SEATING AND S~~TEARIIIG IN OF VON E: STOCKLER AS REELECTED CITY
COUi1CIL MEMBER FROM WARD 2.
i"Ir. Stockler was given the Oath of Office by the City Attorney and
seated as the Councilman for Ward 2.
7. ELECTIOi1 OF MAYOR
Motion was made by James Smalley, seconded by Von Stockler, to
nominate Boyd M. Spencer for Mayor.
AYE: Messrs. Stockler, Smalley, Wood, Peel, Spencer
NAY : done
Motion carried.
8. ELECTIOiQ OF VICE-MAYOR
Motion was made by Robert Peel, seconded by Von Stockler, to nominate
James Smalley for Vice-Mayor.
AYE: Messrs. Spencer, Stockler, Peel Wood, Smalley
i1AY : done
P~Iotion carried.
11. CONSIDERATIOi~T OF REAPPOINTMENT OF I~IUi1iCIPAL COURT JUDGE FOR A
TWO-YEAR TERM Ic1 CCORDANCE WITH SECTIOi1 n- OF T" 0 ASSO
CITY CODE.
Item passed to Nlay 21, 1985 agenda.
12. COi1SIDERATIOi~i OF APPOINTMENT OF MARK. THURSTON AS ACTING JUDGE
FOR THE MAY COURT DOCKET.
Motion was made by Robert Peel, seconded by Von Stockler, to appoint
Mark Thurston as acting judge for the May. 20, 1985 court docket.
OWASSO CITY COUNCIL PAGE THREE MAY 7, 1985
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
NAY: None
Potion carried.
~3. CONSIDERATION OF COUiQCIL RATIFICATIOI~T OF MAYORAL APPOIIITT~IENT
TO THE OWASSO PLANNING COMT~IISSIOIQ.
Mayor Spencer stated that he wished to appoint Jane Buchanan to the
Owasso Planning Commission.
Motion was made by James Smalley, seconded Robert Peel, to ratify
the appointment of Jane Buchanan to the Owasso Planning Commission.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
1AY : None
Motion carried.
14. COi1SIDERATIOIQ OF COUNCIL RATIFICATION OF MAYORAL APPOINTMEIIT
TO THE CITY OF OWASSO PERSON EL BOARD.
Mayor Spencer stated that he wished to appoint T~Ir. Charles Wiley
to the City of Owasso Personnel Board.
Motion was made by Von Stockler, seconded by Robert~Peel, to ratify
the appointment of Cizarles Wiley to the City of Owasso Personnel
Board.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
QAY : None
Motion carried.
15. CONSIDERATION OF RATIFICATION OF MAYORAL PROCLANIATIOII
PROCLAIMIiyG MAY 1 85 AS PATRICK LEE SHANNOIQ DAY.
Mayor Spencer read aloud the proclamation making May 12, 1985
Patrick Lee Shannon Day to honor Mr. Shannon and all American
servicemen missing in action.
Motion was made by Robert Peel, seconded by Von Stockler to ratify
tn.e Mayoral Proclamation proclaiming May 12, 1985 as Patrick Lee
Shannon.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
NAY: None
Motion carried.
OWASSO CITY COUiQCIL PAGE FOUR MAY 7, 1985
16. CONSIDERATION OF APPROVAL OR REJECTION OF BIDS SUBMITTED
Oi~t DECA CDBG HOUSII~TG REHABILITATION.
The City Manager reviewed the bids received and opened publicly
at 2:00 p.m, on May 2, 1985.
Motion was made by Robert Peel, seconded by Von Stockler, to
accept the bid submitted by Ernie Carter in tine amount of
$8,450 for rehabilitation of the residence at 12 S. Atlanta
and to reject the bid submitted by W. H. Frame in the amount
of $13,500 for 12 S. Atlanta and the bid submitted by W. H.
Frame in the amount of $14,500 for rehabilitation at 409 S. Birch.
AYE: Messrs. Spencer, Stockler, Smalley, Wood, Peel
NAY: None
Motion carried.
17. CONSIDERATION OF BALLOT TO BE CAST ON BEHALF OF THE CITY OF
OWASSO FOR ELECTION OF TWO MEMBERS FROM FIELD OF CANDIDATES
TO BOARD OF TRUSTEES OF OKLAHOMA MUNICIPAL LEAGUE -
MUNICIPAL ASSURANCE GROUP.
notion was made by Robert Peel, seconded by Von Stockler, for the
ballot to be cast on behalf of the City of Owasso for election of
Mr. Eddie Berrong Jr., Mayor, Weatherford to the Board of Trustees
of the OML Municipal Assurance Group.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
NAY : intone
Motion carried.
18. CONSIDERATION OF AUTHORIZATfiOi~T TO EXPEND $1,960 TO CLEAN AND
REFINISH RECREATION CE R GYM FLOOR.
No action taken.
19. CONSIDERATION OF AUTHORIZATION OF CITY ATTORNEY TO FILE PROOF
OF CLAIM IN THE BANI~.RUPTCY COURT FOR THE i10RTHERN DISTRICT
OF OKLAHOMA CASE TAYLOR, RTTA GAIL.
Passed to May 21, 1985 Owasso Public Works Authority meeting.
20. CONSIDERATION OF AUTHORIZATION FOR CITY MANAGER TO EXPEND
Motion was made by Robert Peel, seconded by James Smalley, to
authorize the expenditure of $1,945 on the refurbishing of the
1974 Boardman Pumper.
OWASSO CITY COUNCIL PAGE.~'iVE MAY 7, 1985
AYE: Messrs. Spencer, Stockier, Smalley, Peel, Wood
iQAY: None
Motion carried.
21. CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR BIDS FOR
REMODELING OF THE OLD POST OFFICE FOR POLICE DEPARTMENT.
Motion was made by Robert Peel, seconded by Von Stockier, to
authorize the advertising for bids to remodel the old post office
building for the police department.
AYE: Messrs. Spencer, Stockier, Smalley, Peel, Wood
NAY : iQone
Motion carried.
22. CONSIDERATION1 OF AUTHOP.IZATIOII TO PURCHASE FIVE USED PORTABLE
RADIOS FOR POLICE DEPARTMENT FOR ,7 0 ERICK BAKER.
Motion was made by Von Stockier, seconded by Robert Peel, to
authorize the purchase of five used portable radios for the
police department in the amount of $1,760.
AYE: i~iessrs. Spencer, Stockier, Smalley, Peel, Wood
I:1AY : iQone
P4otion carried.
23. COIJSIDERATTON OF AUTHORIZATION FOR CITY MANAGER TO ENGAGE THE
SERVICES OF LOHREY AND JAY, PUBLIC ACCOUIQTANTS, FOR THE EQD-
OF-YEAR AUDIT REPORT.
Motion was made by Robert Peel, seconded by Von Stockier, to engage
the services of Lohrey and Jay, Public Accountants, for the end-
of-year audit report.
AYE: Messrs. Spencer, Stockier, Smalley, Peel, Wood
IJAY : idone
Motion carried.
24. CONSIDERATTOIQ OF APPROVAL OF JUDGEMENT IN TEXACO V. CITY OF
OtiTAS50, ET AL., CASE N0. CJ, 1, TULSA COUNTY DISTRICT
COURT, Ai~TD AUTHORIZATIO:~T OF MAYOR AND CITY ATTOR1EY TO EXECUTE
SAME .
Motion was made by Von Stockier, seconded by Kenneth Wood to approve
the judgement in Texaco v. City of Owasso, et al., Case ~~CJ-85-01671,
Tulsa County District Court, and authorize the Mayor and City Attor-
ney to execute same.
AYE: Messrs. Spencer, Stockier, Smalley, Peel, Wood
OWASSO CITY COUNCIL PAGE SIX NIAY 7, 1985
iJAY : IQone
Motion carried.
25. CONSIDERATION OF ADOPTION OF RESOLUTION ~k85-10 AMEiJDED
CONSENT TO ASSIGNT~IENT AND ASSUMPTION, UNITED CABLE TELEVISION
OF OKLAHOi~'IA, INC .
Motion was made by James Smalley, seconded by Robert Peel, to
adopt Resolution ~~85-10 Amended.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
iJAY : iQone
Motion carried.
26. CONSIDERATION OF APPROVAL OF AMENDMENT TO OWASSO CITY EMPLOYEES
PAY PLAN.
Passed to May 21, 1985 Council meeting.
27. CONSIDERATION OF APPROVAL OF 1985-1986 CONTRACT FOR FRATERNAL
ORDER OF POLICE.
Passed to May 21, 1985 Council meeting.
28. CONSIDERATION) OE APPROVAL Ok' CLAIi~S ON PURCHASE ORDERS X10794
Motion was made by Von Stockler, seconded by Mayor Spencer, to
approve claims on purchase orders y~10794, 1Q796.
AYE: Messrs. Spencer, Stockler, Smalley, Peel
NAX: NIr. Wood (Abstain)
Motion carried.
28. (a) CONSIDERATION OF' THE CONTxNGENT ACCEPTANCE OF WATER. SE
Motion was made by Mayor Spencer, seconded by Robert Peel, to accept
dedication of the water, sewer and drainage facilities in the El
Rio Vista IV Subdivision contingent upon the elevation of four
sanitary sewer manhole covers on the north. side o~ t11e property.
AYE: P~iessrs. Spencer, Stockler, Smalley, Peel, Wood
IJAY : None
Potion carried.
OWASSO CITY COUNCIL PACE SEVEi~1 MAY 7, 1985
29. REPORT FROM CITY ATTORTIEY
The City Attorney stated that on May 16, 1985 the Oklahoma
Supreme Court denied Scotts appeal for rehearing. He requested
that the Council go into Executive Session on Item 32.
30. REPORT FROM CITY MANAGER
The City Manager reviewed the bui]ding permit report in the packet.
He also reviewed the computer printout showing a status report
on the current budget by department, together with. information
from April 1984 for comparison.
31. NEW BUSINESS
Tyr. Stockler stated that he felt the new police department building
should have a sign large enough to make it easily identified..
Mayor Spencer asked for comments from the City Manager and City
Attorney on the meeting attended regarding the Fair Labor Standards
Act. The City Manager stated that there would be some significant
changes affecting cities resulting from the Supreme Court ruling that
city, county and state governments were no longer exempt from the
Fair Labor Standards Act, including the elimination of compensatory
time off in lieu of over time for city employees.
The City Attorney stated that the seminar covered the main areas in
which the cities must comply and the penalties of violations of the
Act.
32. REQUEST FOR EXECUTIVE SESSION: LTT~TION - SCOTT VS. CITY OF
OWASSO AND HYIQUM VS. CITY OF OWASSO.
Motion was made by Robert Peel, seconded by James Smalley, to recess
the Owasso City Council and reconvene after the Owasso Public Works
Authority meeting.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
NAY : T1one
Motion carried.
Meeting recessed at 8:32 p.m.
At 9:46 p.m, motion was made by James Smalley, seconded by Von
Stockler, to reconvene the May 7, 1985 Owasso City Council meeting.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood.
i~TAY : None
Motion carried.
OWASSO CITY COUNCIL PAGE EIGHT :SAY 7, 1985
Motion was made by Von Stockler, seconded by James Smalley, to
recess into Executive Session.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
NAY: None
Motion carried
Meeting recessed at 9:50 p.m, and reconvened at 10:17 p.m.
Motion was made by James Smalley, seconded by Von Stockler, to reject tLze offer
by Ben Hyntmi to not appeal the order of Judge Shaffer in exchange for waiving
costs and possible assessment of attorney fees.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
NAY: None
Motion carried.
Motion was made by Von Stocklex, seconded by Robert Peel, to
adjourn.
AYE: Messrs. Spencer, Stockler, Smalley, Peel, Wood
i~TAY : None
Motion carried.
ijt/
Bo P•1. Sp icer, ~-layor
Fay mi Deputy City C ex