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HomeMy WebLinkAbout1982.04.06_City Council MinutesOn Tuesday, April 6, 1982, the Owasso City Council met in regular session in the Council Chambers, per Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 P.M, on April 2, 1982, and by reference is made a part hereof. ITEM l: CALL TO ORDER. The meeting was called to order at 7:55 P.M. with Mayor Wasserman presiding. ITEM 2: FLAG SALUTE. ITEM 3: ROLL CALL. PRESENT: LYLE WASSERMAN, MAYOR PHYLLIS GROSS, VICE MAYOR BOYD SPENCER, COUNCILMAN JOHN STADLER, COUNCILMAN JIM SMALLEY, COUNCILMAN RON CATES, CITY ATTORNEY BOB FUGATE, CITY TREASURER - ACTING CITY MANAGER SUE SHELLEY, CITY CLERK ABSENT: NONE ITEM 4: APPROVE MINUTES OF REGULAR CITY COUNCIL MEETING ON MARCH , Motion was made by Phyllis Gross, seconded by Jim Smalley to approve Council Minutes of March 16, 1982. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross ITE1`7 5: ACCEPT .RESIGNATION OF KENNETH H. THOMPSON AS CITY MANAGER ~D THORI ATIO TO ADVERTISE FOR APPLICATION FOR A PERMANENT REPLACEMENT. Application are to be published in local papers, Wall Street Journal, National League of Cities and Oklahoma Municipal League publications. The application are to be sent to the City Clerk and hand delivered each Friday for six weeks throughout the cut off date, by City Clerk, to each council member. Motion was made by Boyd Spencer, seconded by John Stadler to accept the resignation of Kenneth H. Thompson and authorize to advertise for applications. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. Owasso City Council Page Two April 6, 1982 ~..~ ITEM 6: APPOINTMENT OF ACTING CITY MANAGER. .~ Motion was made by John Stadler, seconded by Phyllis Gross to appoint Bob Fugate as Acting City Manager. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs, Gross NAYS: None Motion carried. ITEM 7: ORDINANCE N0, 319, WHICH AMENDS ORDINANCE NUMBER 175 BY APPROVING ZONING APPLICATION NUMBER OZ-65, WHICH CHANGES THE ZONING OF A PORTION OF A TRACT OF LAND IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, FROM AG AND CS TO RMH, Carol Dickey stated that the Planning Commission did recommend approval of the 20 acres at the German Church Corner, zoning of the eastern 15 acres to Mobile Homes. That would leave a stria of about 300' along Highway 169 for Commercial. Motion was made by John Stadler, seconded by Phyllis Gross to approve the Planning Commission's recommendation to rezone. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried, ITEM 8: EMERGENCY CLAUSE ON ORDINANCE NUMBER 319. Motion was made by Phyllis Gross, seconded by John Stadler to accept the Emergency Clause on Ordinance Number 319. AYES: 1`Zessrs. Wasserman, Stadler, Smalley and Mrs, Gross NAYS: Mr, Spencer Motion carried, ITEM 9: ORDINANCE NUMBER 317 AMENDED, TO RETAIN CS ZONING ON A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 14 Carol Dickey stated that this was to amend annexation ordinance ~~~ that was passed for the land to retain the zoning ghat it presently had in the county, Motion was made by Phyllis Gross, seconded by Jim Smalley to accept the Ordinance Number 317 as amended to retain CS zoning on the portion of the land as specified. Owasso City Council Page Three April 6, 1982 AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 10: EMERGENCY CLAUSE ON ORDINANCE NUMBER 317 AMENDED. Motion was made by Phyl-lis Gross, seconded by John Stadler to accept the emergency clause on Ordinance number 317 as amended. AYES: Messrs, Wasserman, Stadler, Smalley and Mrs. Gross. NAYS, Mr. Spencer. Motion carried. ITEM 11.: REQUEST BY MR. LOUIS LEVY FOR A SIX (6) MONTH WAIVER OF PLAT APPROVA CO DITION NUMBER 35 AS TO THE McDONALD S RFSTAi1R T SITE PLAN. Bob Fugate stated that this was the condition requiring the removal of any part of the building situated on 20' utility easement on Block 1. Mr. Levy stated that i•1cDonald's had applied for a building permit which has been approved, and a site plan that has been approved subject to the filing of the subdivision plat. He stated-that the building was 8' on the easement, that he stated would never be used by anyone. The building and X-ray machine inside have been sold and are scheduled to be moved in August 1982. He stated that there was a need for the plat for be filed, and the waterlines to be constructed, because McDonald's has already paid for a building permit. He stated that the retaining wall by the Community Center also encroaches upon this easement. He stated that he would put up a $2,000.00 bond or cashier's check to guarantee that the building will be moved within six months. Ken Simmons, a representative from McDonald's said that they would hold money in escrow for the building removal. Ron Cates stated that the problem with this proposal was that even though the City had. the funds to move the building they could not trespass to remove the building from the property. He stated that the $2,000 was needed as well as an agreement that would allow the City to remove the building by .August 15, 1982. Owasso City Council Page Four April 6, 1982 ~.,„~ Motion was made by Boyd Spencer, seconded by John Stadler to grant a waiver condition for seeing that the proper documentation as well as the escrow funds are provided, that the waiver will be granted. Also that this matter will be place upon the agenda in six months for review if the building is still on the easement. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 12: REQUEST BY CRAIG NEON, INC. FOR THE GRANTING OF A VARIANCE IN THE MAXIMUM HEIGHT ALLOWED FOR THE McDONALD S RESTAURANT SIGN TO SIXTY 60) FEET. Mr. Fugate stated that a variance was granted from 30' to 50' and this is an additional 10' variance. Ken Simmons, a representative from McDonald's stated that Craig Neon determined that 60' was the most advantageous height for the sign, and that the previous variance was requested by Ken Thompson. Mr. Spencer stated that Mr. T'ompson had worked on the sign ordinance for 3 months. He stated that if a variance was granted then it would break up the ordinance. Mrs, Shelley stated that the lst time this was placed on the agenda it was put on the agenda by Craig Neon not McDonald's or Mr. Thompson. Mr. Simmons stated that if the sign variance was not corrected that McDonald's might not build. Motion was made by John Stadler, seconded by Boyd Spencer to deny the request for the variance. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 13: ACCEPT RESIGNATION OF LEONARD GEORGE FROM THE OWASSO PLANNING COMMISSION AND APPOINTMENT OF A REPLACET~ENT TO SERVE THE REMAINDER OF MR. GEORGE'S TERM, WHICH EXPIRES JUNE 30, 1982. Carol Dickey stated that the Planning Commission recommends Mr. Pat Larkin. Owasso City Council Page Five April 6, 1982 Motion was made by Boyd Spencer, seconded by Jim Smalley to accept resignation of Leonard George and the appointment of Pat Larkin as replacement. AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 14: RE UEST FOR COUNCIL APPROVAL TO AMEND ARTICLE 6, SECTION 1 e OF-THE OWASSO CITY CHARTER, Mr. Fugate stated that this would eliminate the at large election of City Council Members, that the voters from each ward would be elgible to vote for their own representative. Mr. Spencer stated if this resolution passes the people would only be allowed to vote every three years, and he~questioned the constitutionality. Mr, Cates stated that the resolution would cause an election to vote on the question. He also stated that the resolution cads for a special election, to save money it could be put on the general election in November, Motion was made by Phyllis Gross, to amend the charter of the City of Owasso to designate those persons living within a ward shall vote only for their representative councilperson from that ward and it be placed on the November election. Mr. Cates stated that the resolution called for a spec~_al election. Motion was made by Phyllis Gross to change the resolution and the amendment to the City of Owasso based upon those persons within their respective wards shall be vo~ing only for their respective councilpersons, Motion was made by Phyllis Gross, seconded by John Stadler to amend the City Charter for the City of Owasso to do away with the at large voting such is at present, and have a special election. AYES: Messrs. Wasserman, Stadler and Mrs. Gross NAYS: Mr. Spencer and Smalley Motion carried. Owasso City Council Page Six April b, 1982 ITEM 15: APPOINTMENT OF FIVE (5) MEMBERS TO THE OWASSO COUNCIL ON AGING FOR A THREE YEAR TERM TO COMMENCE APRIL 1, 1982. Mr. Fugate stated that the five members were Vestal Board, Jay Hendricks, Virgie Jenkins, r7onroe Palmer and Walter Thiessen. Motion was made by Boyd Spencer, seconded by John Stadler to appoint the five members, AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and Mrs, Gross NAYS: None Motion carried. ITEM 16: REQUEST TO ACT ON RECOMMENDATIONS FROM ADVISORY COMMITTEE CONCERNING PAY INCREASES TO CITY EMPLOYEES. Bob Hockenbury, chairman stated that he did a salary. survey of our sister cities, He stated that the Committee recommended a 10% across the board pay increase for the Police, Fire and OPWA Employees, effective April 1, 1982, and that the money is in the budget for this. Mr. Fugate stated that technically the money is not in the budget, but the money will be available from the sales tax, and a supplemental appropriation will have to be done to accomodate this action. Mr. Cates stated that the manner in which this was placed on the agenda would be in violation of the open meeting law, in that this would only represent a request to act, not a statement of the percentage of pay increase. Mr. Spencer stated that he thought that this pay increase should be included in the new budget. Mrs. Gross stated that she would like to have this passed until April 20, 1982 meeting. ITEM 17: PROPOSED NEW CITY PAY PLAN. Mr. Fugate stated if this is included in the budget, before the new budget year, the City would have to enact a new city pay plan. If the City budget a 15% increase, it would be in violation of the pay plan, it would be above what the pay and grade scales. He stated that the pay plan needed flexibility. ~.,._r~ Motion was made by Jim Smalley, seconded by Phyllis Gross to include the new city pay plan as part of the 1982-83 Budget. Owasso City Council Page Seven April 6, 1982 AYES: Messrs. Spencer, Stadler, Smalley and Mrs. Gross NAYS: Mr, Wasserman Motion carried. ITEM 18: ACCEPT RESIGNATION OF KENNETH H. THOMPSON FROM THE OWASSO INDUSTRIAL AUTHORITY AND APPOI TMENT OF A SUCCESSOR TO SERVE THE REP~IAI DER OF MR. THOMPSON S TERM TO EXPIRE NOVEMBER 18, 1983. r~r. Fugate stated that he had a letter of resignation from Ron Griffin also on the Industrial Authority. He proposed that the Council accept Mr. Thompson's resignation and permit the Industrial Authority remaining members to meet and make recommendations. Mr. Griffin's resignation is because he is on the board at Liberty Bank and the Industrial Authority does some of their financing at Liberty Bank, and that would be a conflict of interest, Motion was made by Boyd Spencer, seconded by John Stadler to accept the resignation of Ken Thompson and permit the members of the Industrial Authority to recommend a successor. AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 19: ENACT EMERGENCY CLAUSE ON RESOLUTION 82-02 APPROVING THE INCURRING OF INDEBTEDNES BY TRUSTEES OF THE OWASSO INDUSTRIAL AUTHORITY IN THE AMOUNT OF $7,000 IN WAIVING COMPETITIVE BIDDING FOR FINANCING WITH LIBERTY BANK OF OWASSO ON THE MINGO MANUFACTURING. INC. FACILITY. Motion was made by John Stadler, seconded by Phyllis Gross to enact the emergency clause. AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None T•Zotion carried. ITEM 20: APPROVE WARRANTS FOR PAYMENT. Mr. Smalley questioned ~~2123 Mansur-Daubert-Williams bill as to specifics or a monthly bill. Mr. Fugate stated that it was for specific projects. 'r~r, Stadler questioned ~~2143 Southwest Irrigation Co. for rain training/supplies, Owasso City Council Page Eight April 6, 1982 Mr. Delbert Leach stated that it should .have been rain train and that it was equipment for the softball field. Motion was made by Phyllis Gross, seconded by Jim Smalley to approve warrants ~~2010-2162 in the amount of $53,331.24, Police Teletype Fund ~~2-82 in the amount of $297.00, Park Grant Fund ~~27-82 28-82 29-82 in tine amount of $2,029.66, and Revenue Sharing ~~25-82 26-82 in the amount of $2,596.50. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 21: NEW BUSINESS. Mr. Fugate stated that Mr. Hale requested that the Council acknowledge receipt of two letters. The first dated February 18, 19$2, from Mr. Ken Thompson to H.D. Hale and the second dated T-larch 18, 1982 as a reply from Mr. Hale to Mr. Thompson. They concern a Mobile Home Development on Lots 29-36, Block 3, Hale Acres II. Being no further business before i.he Owasso City Council chair adjourned at 9:34 P.M. W LY W S SERMAN , rlAYOR ~~ SUE SHELLEY, CITY ERK ~.,~