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HomeMy WebLinkAbout1981.06.02_City Council MinutesOn Tuesday, June 2, 1981, the Owasso City Council met in regular session in the Council Chambers at City Hall, per the Notice of Public Meeting and Agenda posted on City Hall bulletin board at 4:00 PM on May 29, 1981, and by reference made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 7:05 PM with Mayor Spencer presiding. ITEM 2 - FLAG SALUTE. The flag salute was led by Mayor Spencer. ITEM 3 - ROLL CALL . Present: Boyd Spencer, Mayor Dennis Burke, Vice Mayor Al Lambert, Councilman Steven Clark, Councilman Phyllis Gross, Councilwoman Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, City Clerk Absent: None ITEM 4 - APPROVE MINUTES OF MAY 19, 1981 REGULAR MEETING. Motion was made by Dennis Burke, seconded by Al Lambert, to approve minutes of May 19, 1981 regular meeting, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 5 - APPROVE MINUTES OF MAY 27. 1981 SPECIAL MEETING. Dr. Clark commented that after he left the last Council meeting due to an emer- gency he called back and asked if the Council would delay the Executive Session and since minutes do not reflect an Executive Session he requested another Exe- cutive Session as he would like some time with the Council. Motion was made by Steve Clark, seconded by Phyllis Gross, for the Council to go into Executive Session. Ayes - Messrs. Lambert, Burke, Clark and Mrs. Gross Nays - Mr. Spencer Motion carried. Chair recessed Owasso City Council at 7:11 PM to go into Executive Session and reconvened at 8:26 PM. Owasso City Council Page Two June 2, 1981 „, ..~,,; Motion was made by Dennis Burke, sec©.nded by Al Lambert, to approve minutes of May 27, 1981 Special Meeting, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke and Clark Nays - None (Ms. Gross did not vote as she was out of the room.) Motion carried. ITEM 6 - APPROVE AMENDED ORDINANCE N0. 233 WHICH GOVERNS THE USE AND/OR DEVEL- OPMENT OF FLOOD PRONE AREAS WITHIN THE CITY OF OWASSO. Mr. Thompson said basically it is an update of the Ordinance No. 233 which was adopted in May of 1978 approving the flood insurance program for the City of Owasso. He said this is an update of this ordinance and he recommended it be adopted as we must have it by July 2, 1981 or we will be subject to cancellation of flood insurance and when that happens they also have the right to cancel any federally assisted loans. Mr. Thompson reminded Council that they had asked at the last meeting that some- one be present from the federal agency that administers this program. He said he contacted them but they have no travel funds available to come to Owasso. He then contacted Water Resources Board and they said they have no one familiar ~, enough with the program to explain it. He then contacted INCOG and Mr. Briere said1 he would have a staff member present but notified us this afternoon they would not have anyone. Motion was made by Dennis Burke, seconded by Al Lambert, to approve amended Ord- inance No. 233 which governs the use and/or development of flood prone areas within the City of Owasso, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 7 - PRESENTATION BY COMMUNITY DEVELOPMENT CABLE TELEVISION REPRESENTATIVES REQUESTING AMENDMENT TO FRANCHISE AGREEMENT TO ALLOW TRANSFER OF OWNERSHIP. Mr. Jack Morris addressed the Council that in accordance with the franchise pro- vision, they were present to request Council's approval for a change in the structure of Community Development Cablevision, Inc. He said basically and fundamentally the change is internal and involves additional partners for capi- tal funds for expansion of their company which will mean additional new subscribers outside of Owasso, improvement of services and continued growth. Mr. Morris re- ferred to the high interest rates in the money market which has restricted their expansion thus necessitating a search in the cable industry for assistance and feels they have found experienced and reputable people in the communications industry as partners. Brochures detailing their background were given to the Owasso City Council Page Three June 2, 1981 Council. He said this company, Communications Equity Associates, based in Tampa, Florida, is a highly successful firm which has provided millions of dollars in transactions in the cable industry throughout the United States. The Chief Ex- ecutive Officer for .the company is Jeff Marcus. Mr. Marcus and Cecil Rush were both present to answer questions. Mr. Morris said what he wants to emphasize to the Council is that the present officers of Community Development Cablevision will retain stock, continue in management and direction and look after the interest of the citizens of this community in the way of providing quality programing. Injection of new capital gives them the opportunity to move out and provide service to all area residents who wish to subscribe and who are a part of the continuing growth of this com- munity. He said they are excited about having reached an agreement with a leader in the cable television industry, a firm which enjoys a great deal of respect and who will join them in bringing entertainment, education and information to the progressive residents of this community. Mr. Morris introducted Mr. Jeff Marcus who is a partner in Communications Equity. Mr. Marcus said they are an investment banking firm in the cable television in- dustry and they also own and operate, as individuals, cable television systems. lie said in the last two years they have completed over sixty transactions with a volumn of around two hundred million dollars and they currently own and oper- ate five cable systems; one in New Hampshire; Benton, Arkansas; Waynesboro, Georgia; Akin, Minnesota and the system in the Tampa/St. Petersburg area. He said they met Tom Belcher and Jack Morris when they came to them for financing and after working with them it became evident that they did not need financing so much as they required a change in their capital structure, as one or two of their major partners wanted to get out of the cable business so rather than re- finance the company there became an opportunity to participate in the company and they reached an agreement with Jack and Tom to buy Community Development Cablevision with them reinvesting in the new company. He said what they are doing tonight is to inform the Council of the transaction which has not yet occured as it is scheduled to close June 30th and also to request that the City transfer upon closing of this transaction the franchise to the new company called Conestoga Cablevision. The new company will acquire the stock of Com- munity Development Cablevision which will liquidate and all the assets will go into Conestoga.. The reason for doing this is to take advantage of the tax ram- ifications. Mr. Marcus commented that Tom Belcher, Jack Morris and Jim McDaniel will all be investors in the new company and they anticipate the day-to-day management, as is carried out now, to continue. What they are requesting tonight is Council's approval of a Resolution which transfers, with the closing of the sale, the franchise from Community Development to Conestoga Cablevision and have prepared a Statement of Responsibility in conjunction with the Resolution to comply with Ordinanne No. 275. Mayor Spencer commented at the beginning of Community Development it was dis- cussed they would probably be sold or take on new partners. He said he would like a statement of their financial condition and Mr. Marcus said he would be happy to furnish financial references but could not fur-nish a financial state- ment on the new company. Owasso City Council Page Four June 2, 1981 Mr. Charney said the ordinance requires they give us a Statement of Responsi- bility whereby they agree to assume all the obligations in the ordinance. He said first the Council must approve the sale tonight then Conestoga must file with the Clerk their Statement of Responsibility. The Statement should not be filed until after the closing. Mr. Marcus said the approval of the Resolution is required for their closing. Mr. Lambert asked if the other five systems are a part of Conestoga and Mr. Marcus said no, they are all separate with different investors. Motion was made by Dennis Burke, seconded by Phyllis Gross, to approve Resolu- tion No. 81-08 to affect the change of ownership from Owasso Cablevision to Conestoga Cablevision as outlined in requirements of Ordinance No. 275, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 8 - REZONING APPLICATION N0. OZ-60 FROM AG AGRICULTURAL TO RS3 RESIDENTIAL AND OL LIGHT, A TEN ACRE TRACT ON THE NORTHWEST CORNER OF 22ND STREET AND HIGH- WAY 169. Ms. Dickey said Faith Lutheran Church has ten acres in this location and their development plan is to have the Northeast five acres for their church, 1.3 acres at the corner for an office building and the remainder as a buffer of single family homes between Ator and the church property. She said the Planning Commission discussed it quite a bit and there were questions from nearby pro- perty owners as to traffic and access and some concern about water pressure. The compromise motion made by the Planning Commission was to leave the five acres for the church as Agriculture, rezone the 1.3 acres to Office and the balance to RS1 rather than RS3 which would allow the church to market and subdivide the land. Ms. Dodson, the church's attorney, commented this property was purchased several years ago and was annexed recently. She said they are concerned with the Plan- ning Commission's recommendation that the remainder of the property be zoned R.Sl as it will make the property less valuable when they are ready to market it, which they intend to do as it is more property than the church needs. She understood the main objection to RS3 was the water pressure and was told by Mr. Williams the problem will be eliminated in 18 weeks with the installation of the booster pump. Staff recommended RS3 and the Planning Commission recommended RSl, and Ms. Dodson urged Council to approve RS 3. Mr. Burke asked Ms. Dickey if there had not been some court cases concerning the reasons for turning down zoning requests based on utility availability. Ms. Dickey answered that in other areas of Tulsa County the court had stated that the lack of utilities should not be the reason for denial. ' Motion was made by Dennis Burke, seconded by Steve Clark, to rezone the south- east one third acre of Zoning Case OZ-60 to OL Office Light as recommended by Owasso City Council Page Five June 2, 1981 Planning Commission, leave the northeast five mended by the Planning Commission, but rezone Single Family High Density as requested by the part hereof. acres as AG Agriculture as recom- balance of area to RS3 Residential church, and by reference made a Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 9 - APPROVE ORDINANCE N0. 302 CREATING A TOWNHOUSE ZONING DISTRICT. ITEM 10 - APPROVE EMERGENCY CLAUSE TO ORDINANCE N0. 302. Motion was made by Boyd Spencer, seconded by Phyllis Gross, to table Items 9 and 10 to the June 16, 1981 meeting. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 11 - STATUS OF CITY COUNCIL AND GENERAL PUBLIC. Mrs. Gross requested this item be placed on the agenda. She commented "every- one is aware of everything that is going on around town and one of the latest things is that last Friday the Chamber of Commerce endorsed" and Mr. Charney interrupted and said "I don't think that is in order". Mrs. Gross then said "twice in a row I have been approached by the City Attor- ney very adamantly to have the recall petition stopped and the very first time I explained that I am not the one that put up the recall petition" and again Mr. Charney interrupted and said "this has nothing to do with Status of City Council and General Public, if you want to castigate me and want to take me on at City Council meeting you put it on the agenda and I will be ready for you but if it's not there and put on properly as an agenda item, and if you want to put me on notice I'll be glad to have a public debate with you anytime before any group telling what I think of your actions and where we're going, I'll pull no punches, and I challenge you to that debate if you want it, but right now it's not on the agenda and not the proper time for it and I'm not avoiding you I'm just telling you it's not the proper time for it". Mrs. Gross then commented "as you know the status of the Council at present, and has been predicted before the election, is three to two and that is the status of the Council and I will try to stay in accordance with what Mr. Charney has asked. It was rumored it would be three to two and would make it very difficult for Dr. Clark and I to work." Mr. Charney asked "are you speaking for Dr. Clark or is he going to speak for himself?" Mrs. Gross said "We'll, I'll speak for myself, but it has been three to two and I would say the status of the Council and the public, I went to the people and told you I was going to represent you Owasso City Council Page Six June 2, 1981 and I was questioned as to what my political qualifications were, I have no political qualifications. I stated first that I am a wife, a mother". Mr. Charney said "I am going to object, this is not the status of the City Coun- cil, this is a speech you are making to be inflammatory to this group and is not the status of the City Council, it's your status as you see it and it is a misleading agenda item and I think it is wrong and if you want to have a meet- ing afterwards and let people stay and hear you out then I think you ought to do that but it is not a proper agenda item." Mr. Hale asked if a City Council person doesn't have the right to speak to any subject and Mr. Charney replied they must stay within the agenda items and this is not an agenda item. Mr. Charney further commented that she is here to cause more trouble and cause more hard feelings and more illwill and if the people want to listen to it after the City business he would urge the City Council to give her the room to do it. Mr. Charney said the agenda items are for the City Council to address and if the Council could bring up any business by almost anybody it would really be bad and we are not trying to shut her up, we are trying to establish a guideline. He said if she wants to put on the agenda to castigate the City Council or to plea her case she may do so, and give proper notice of it. She has a perfect right to speak if it is on the agenda properly. Mr. Wasserman asked for clarification on how the public is to get an item placed on the agenda properly as Mr. Thompson did not put his item on the agenda for the last Council as he had requested it. Mr. Charney suggested always putting their statements in writing and submit it then there will never be any question. He said he would make the same requirement of Boyd Spencer, Al Lambert and Mr. Burke as we have to have some rules to go by or it will be a madhouse again tonight and we just can't do that. Mrs. Gross concluded by saying she thinks the public is aware of the status of the Council and the public. ITEM 12 - REQUEST TO PAY WITNESS FEES FOR PERSONS ATTENDING THE MAY 12, 1981 SPECIAL COUNCIL MEETING. Mrs. Gross also asked this to be placed on the agenda and inquired if the offi- cers that were subpoened to appear were paid. Mr. Charney said he did not have an answer but you don't have to attach the fee to the subpoena, but they may be entitled to a witness fee if they make timely application. He said if you sub- poena somebody and dont have the fee and mileage to and from attached to it and they are outside the County they do not have to honor it. He said nothing in our Charter requires it but maybe State law does. Mrs. Gross then asked if overtime was paid to any of the officers and Mr. Thompson said some of the policemen on duty did receive overtime. Mr. Charney said he will check into it and see if they are entitled to it. He said he questioned if it was legitimate to pay overtime for it. ITEM 13 - REQUEST APPOINTMENT OF MR. WILLIAM WILBANKS AS SUBSTITUTE PROSECUTOR FOR MUNICIPAL COURT. Motion was made by Dennis Burke, seconded by Al Lambert, to appoint Mr. William Owasso City Council Page Seven June 2, 1981 Wilbanks as substitute prosecutor for Municipal Court for the months of June and July. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. TTFM 1 /~ - AT7FCFT~TTATTl1TT (1F MA1?!'7~ ATTT AAT?TT 1 OQ1 FT TTATT('TAT CTATFMP.TTTC Motion was made by Al Lambert, seconded by Dennis Burke, to accept March and April 1981 Financial Statements, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 15 - RECOMMENDED AMENDMENT TO THE COMMUNITY CENTER COST AND USE RULES. Mr. Thompson said they have revised the wording of the amendment to read: "Under no circumstances may any of the equipment or furniture of the Community Center be loaned or removed". Motion was made by AI Lambert, seconded by Boyd Spencer, to approve recommenda- tion of the Community Center Advisory Board to amend the Community Center Cost and Use Rules by adding Item 9 Equipment; Under no circumstances may any of the equipment or furniture of the Community Center be loaned or removed". Ayes - Messrs. Lambert, Spencer, Clark and Mrs. Gross Nays - Mr. Burke Motion carried. ITEM 16 - APPROVE WARRANTS FOR PAYMENT. Motion was made by Al Lambert, seconded by Boyd Spencer, to approve Warrants 2187 through 2282 in the amount of $35,670.92, and authorize Mayor to sign same, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 17 - NEW BUSINESS. Mayor Spencer reminded the public that no voting would take place under new business but items introduced could be placed on the next agenda. Owasso City Council Page Eight June 2, 1981 Item Mr. Herb Hale said all three of his items are listed under OPWA and he felt the condemnation subject should be under the City Council, as they could not act on it as the OPWA Board. It was decided to recess the City Council then reconvene it to handle Mr. Hale's item. Item Mr. Thompson told Council that Jerry Brooks had asked if the Council would be interested in the sale or lease of some property on South Cedar Street for a mobile home, which is property acquired from Mr. Smith. Mayor Spencer commented we have had to turn down the Mel Williams family for that same request because we are not allowed to have a mobile home in the City limits. Item Mr. Jim Lambert asked if we could place on the next agenda the possibility of Owasso doing their own electrical inspections rather than Tulsa County. Mr. Thompson said as he recalled the problem was Mr. May is not a journeyman elec- trician, and offered to take the test, but he did not have the ten years exper- ience required. Mr. Lambert commented that another problem was unionized electricians would object to a non-union person making inspections. Tom Kimball commented that Tulsa County inspectors were here at the last meeting on this subject and all their men are licensed electricians and had to have ten years practical experience on the job. Mr. Thompson asked Mr. Lambert if he has had delays in getting the Tulsa County inspectors and he replied yes up to a week and a half, and probably has the only house in Owasso that was inspected after the sheetrock was completely on. Mr. Williams said our contract with Tulsa County includes a seventy-two hour requirement. Clerk was directed to place this item on the June 16th agenda. Item Mayor Spencer read a letter from Mildred Reauber, who serves on the Community Center Advisory Board and the Council on Aging. Her letter was regarding the "disgraceful state" in which the citizens of Owasso left the Community Center during the May 12th special meeting which was held at the Community Center. Mayor Spencer recessed Owasso City Council at 9:34 PM and reconvened at 10:44 PM in order to move the item of condemnation of H. D. Hale's property from the OPWA agenda into City business. Item Condemnation of H. D. Hale property: ~. ,. ,~ .. Mayor Spencer asked Mr. Charney if this item could be discussed since we are in Court on it, and Mr. Charney replied they could discuss it but as our attorney he could not. Owasso City Council Page Nine June 2, 1981 Mr. Hale referred to a meeting in his office several weeks ago with the City Attorney and Mr. Thompson and the other party involved in this situation where he thought we were on the grounds to a solution but apparently the other party did not, again, wish to work it out under that basis. Mr. Hale said he wanted to explain the situation to the new Council members in that we are wasting City money as he felt the City will lose money on this case. He said the recommendation that the City Attorney work with him on a negotiation of the sums that are owed him and the availability of taps both speak to the heart of this subject and the harder we are to deal with in one spot the harder he will be to deal with in another. Mr. Hale said his main "gripe" is under his letter of July 18, 1979, referring to the Open Meeting Law where he should be present at any public meeting dis- cussing his property, as a private meeting is unlawful and he should have had proper notice so he may attend. This was referring to the condemnation action taken against him where he claims he did not have proper notice. Mr. Hale said he would like for the two new members on the Council to hear what has transpired and for the other members to listen with an open mind as they may think his cause is just, or they may not. Again he referred to his complaint that the Council voted to condemn his property without availing him the oppor- tunity to be present, according to him directly in conflict with the open meet- ing law and the law on condemnation. He said the law on condemnation says there is an established procedure we must follow which is first we must declare a need and pass a resolution, then we must appoint an agent to negotiate with the prop- erty owner to try to arrive at a fair and reasonable price. Mr. Hale said the City will lose this case because we have not proceded in the proper manner at all and we are not even suing the proper owners or bringing mortgage holders into it. He said this ties back to the availability of taps, even if we could get the right-of-way we don't have the taps to sell, and even if we get to the line we don't own it, it's his. He said the State Health Department permit is issued to him, not the City of Owasso, and the waste here is we don't have any need for it as the only thing we are trying to do is enhance another persons property. He commented we are dealing with a man's property and we must act in a certain predescribed method. Mr. Hale said he has been told by Mr. Charney that the other party is paying fo rthis lawsuit, but let Wal-Mart build their own sewer line, why do they need his sewer line. Mr. Hale further commented that if the City wants to cooperate with his attorney and delay this for enough time to study it we might save some money and at the same time solve the problem, but as a citizen of Owasso he will not hold still for the Wal-Mart store not paying their fair share because they are not entitled to a free sewer. He questioned why the Cityyis doing a private developers bus- iness. He said he has discussed this matter fully with Mr. Robson but they could not reach an agreement. Mr. Hale also questioned why in 1976 Mr. Robson did not want his sewer line and now he does. He said he would entertain a solution, that being Mr. Robson making a suitable contribution to the new Owasso FFA barn project. He said he wanted to make the statement that he has cooper- ated fully with everyone in the Hale Acres area, Meadowcrest to the South, and Burlingame to the East and Clyde Johnson, and they have hooked onto his sewer line without any complaints. Owasso City Council Page Ten June 2, 1981 Mr. Charney commented that if the proper procedure has not been followed that Mr. Hale might be in a very good bargaining position. Mr. Hale said he would be willing to continue the ease at our request but he is ready. Motion was made by Phyllis Gross, seconded by Dennis Burke, for Mr. Charney to work with Mr. Hale to determine status of the condemnation of Mr. Hale's prop- erty, giving him authority to agree to a continuance if it is in the best in- terest of the City. Ayes - Messrs. Burke and Lambert and Mrs. Gross Nays - None Abstain - Mr. Spencer (Dr. Clark did not vote as he was not present.) Motion carried. Being no further business before the Owasso City Council, Chair adjourned at 11:04 PM. / 1 q ~ t" /fit/ ~ 4 c~<.t~-,-,/ Boyd M. Spenc , Mayor \ J\ ~ \ Wauhil.leau Webb, City Clerk