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HomeMy WebLinkAbout1979.01.16_City Council MinutesOn Tuesday, January 16, 1979, at 7:08 PM, Mayor Williams re- convened City Council meeting from January 4, 1979. Motion was made by Ron Grimes, seconded by Don Thompson, to adjourn January 4, 1979, City Council meeting. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle Nays - None On Tuesday, January 16, 1979, the Owasso City Council met in regular session, in Council Chambers at City Hall, ner Notice of Public Meeting and Agenda, referenced and made a part here- of: Present: Bill Williams, Mayor Boyd Spencer, Vice Mayor Don Thompson, Councilperson Robbie Fickle, Councilperson Ron Grimes, Councilperson Wayne Meyer, City Manager Harold Charney, City Attorney Wauhilleau Webb, City Clerk Absent: None The meeting was called to order at 7:09 PM, with Mayor Williams presiding. Judge Jerry L. Pickerill was present to present Certificates of :~erit to area ministers, in behalf of the City Council, for their time and personal involvement in counseling Municipal Court defendants with behavorial problems. Ministers to re- ceive awards are Rev. G. Dale Blackwood, Rev. Posey Gaines, Rev. L. L. Newberry, Rev. Leonard Pirtle, Rev. C. J. Tomlinson, Rev. Andy O'Kelly, and Rev. Russell Westerfield. Rev. Gaines and Rev. Newberry were the only ministers present for the pre- sentation. Mayor Williams directed City Clerk to hand deliver other certificates in City's behalf. Motion was made by Robbie Fickle, seconded by Ron Grimes, to approve Consent Agenda items, as follows, as published in the Owasso Reporter on January 11, 1979, and by reference made a part hereof. 1. Approve Minutes of January 2, 1979, Meeting 2. Approve Warrants for Payment Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle, with Mrs. Fickle abstaining on Warrant 844. Nays - None Motion was made by Don Thompson, seconded by Ron Grimes, to approve minutes of January 4, 1979, with the correction of Owasso City Council January 16, 1979 Page Two removing the Step on the Pay Scale from Public Works Director Grade 23, and by reference made a part hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle Nays - None Motion was made by Robbie Fickle, seconded by Don Thompson, to approve additional warrants for payment, and by reference made a part hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle, with Mrs. Fickle abstaining on Warrants 867, 869, 870, 871 and 872 Nays - None Motion was made by Don Thompson, seconded by Boyd Spencer, to approve Transfer of Funds, General Fund 1978-1979, and by re- ference made a part hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle -°+ Nays - None Motion was made by Don Thompson, seconded by Robbie Fickle, to approve Resolution 79-02 Notice of Elections and Certification, and by reference made a part hereof. Ayes - Messrs. Williams, Nays - None Motion was made by Don T approve Emergency Clause tions and Certification, Ayes - Messrs. Williams, Nays - None Spencer, Thompson, Grimes, Mrs. Fickle hompson, seconded by Robbie Fickle, to on Resolution 79-02 Notice of Elec- and by reference made a part hereof. Spencer, Thompson, Grimes, Mrs. Fickle Motion was made by Robbie Fickle, seconded by Ron Grimes, to approve City Manager to attend Small Cities Management Train- ing Program January 31 and Council-Manager Relations Seminar February 1 and 2, Atlanta, Georgia. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle Nays - None Owasso City Council January 16, 1979 Page Three Roger and Debbie Gleason were present to introduce Council to a franchise proposal for the City for cable television. Mr. Gleason said it would be thirteen channels with one being home box office and the other twelve including children's programs, twenty-four hour news and weather, and religious programs. The proposed franchise would be no cost to the City, with the City receiving one percent of the gross income. Mr. Gleason said he is associated with Ted Gleason of Junction City, Kan- sas, who has been in this business for thirteen years and C. A. Towne, Tulsa, Oklahoma, who has been in business twenty- five years. Mr. Gleason presented Mayor Williams with an Ordinance/Franchise form and commented he was prepared at this time to offer the franchise to Owasso. Mayor Williams questioned if they would provide for the entire Owasso area. Mr. Gleason replied they would cover everything that is reasonable, with the exception of such things as one family on a country road. Mayor Williams also commented that our utility cables are underground and could they provide the underground cables. Mr. Gleason said they are ordinarily put above ground but he would have to check into it but he sees no problem with it. Mr. Thompson asked if they would go to 116th Street North to which Mr. Gleason said he would have to see about that as there are three miles through there without any homes and that would be determined after the franchise is signed and a strand map prepared. Mayor Williams asked why the map could not be prepared first. Mr. Gleason said it is too expensive a process to do without a franchise. Mrs. Fickle asked if people have a choice to subscribe and Mr. Gleason replied yes. Mr. Gleason said the charge would be $9.95 per month for home box office plus $15.00 installation charge, waiving half on installation for initial subscribers. Mrs. Fickle asked if they would do their own billing and Mr. Gleason said yes. Mrs. Fickle also asked if they have an office here and Mr. Gleason said they will have an answering service with a local number. City Attorney reminded Council they cannot give an exclusive franchise without a vote of the people but he sees the pro- posed franchise reads non-exclusive. He asked Mr. Gleason what his definition of a non-exclusive franchise means. Mr. Gleason said that the City could give another company a fran- chise also. Mr. Charney asked if a license from the City for twenty years would be better, i~r. Gleason said they have al- ways had the franchise in other cities. City Attorney said he would need time to look at the franchise. Mr. Gleanson said they do not have a franchise in Oklahoma. Owasso City Council January 16, 1979 Page Four Bob Wrestler stated he was concerned about underground cables and would residents be required to give easements through their property for people down the street subscribing to the service. ~~r. Charney replied the City has right-of-way any- way, although this cable television would not be a city util- ity. Mr. Parker asked if upkeep and maintenance would be available and Mr. Gleason said service would be set up and available. Mr. Thompson asked what cities in Kansas are with their franchise. Mr. Gleason said the only three he could name immediately are Holton, Junction City and Abilene. Don Thompson requested City be provided with a list showing size of the cities subscribing and each city's subscription percen- tage. City Attorney requested from Mr. Gleason full informa- tion on his company including financial status. This item was tabled until City Attorney can review and make recommendation. Motion was made by Don Thompson, seconded by Robbie Fickle, to table discussion on Elm Creek streets to February 6, as bad weather has continued. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, I`Zrs. Fickle Nays - None In regard to refunding First Christian Church's building her- mit fee and exempting sanctuaries and educational units from paying these fees, Mrs. Fickle commented Council should re- affirm their intent regarding this; that being, sanctuaries and educational units be required to apply for their building permit but not be charged the building permit fee, only be charged for inspection fees. Also, on waiving building permit fees for churches it would be only sanctuaries, no other buildings for the church, such as parsonages. Don Thompson commented it is his understanding that building permit fees are not income to the City but recovery of City expenses and for that reason he does not feel we should make waivers to any identity. He also commented churches who are expanding and building larger buildings have that expense in their finances anyway. Mr. Spencer commented T1r. Thompson might be right, but it is the responsibility of the City Council not to turn their backs on churches and he has been taught to always honor our churches in any way we can and he thinks the City should return this charge. Mr. Charney cautioned Council that defin- ing what is a church and what is not a church would be a prob- lem as you cannot define a church and we would be getting into a religious problem. Mr. Spencer said he felt churches were as important as schools and the City waived the school fee. Mrs. Fickle commented the City did that on the advise of City Attorney as one quasi-government institution cannot charge another. _~ayor Williams said maybe it should be tabled in Owasso City Council January 16, 1979 Page Five order to research what has been done in the past. Mrs. Fickle suggested setting a policy tonight and sticking with it. Motion was made by Boyd Spencer to approve refund of building permit fee to First Christian Church. No vote taken due to lack of a second. Motion was made by Don Thompson, seconded by Ron Grimes, to refund building permit fee to First Christian Church in a proportionate amount after research by staff to compare the charges made to other churches during the last eighteen months. Ayes - Messrs. Williams, Thompson, Grimes, Mrs. Fickle Nays - None Abstain - Mr. Spencer Robbie Fickle directed City Clerk to provide Council with what has been done in the past by the February 6th Council meeting. City will then set policy at February 20th meeting. Harold Charney said legally the Council cannot do what they just did as they need an ordinance to establish building per- mit fee policy. Motion was made by Robbie Fickle, seconded by Ron Grimes, to approve 1977-1978 General Fund Expenditure for Dee's Uniforms to be paid out of 1978-1979 General Fund, and be added to this meeting's warrant list, and by reference made a part hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, `Zrs. Fickle Nays - None Motion was made by Robbie Fickle, seconded by Ron Grimes, to approve 1977-1978 and 1976-1977 General Fund Expenditure for Apco to be paid out of 1978-1979 General Fund, and be added to this meeting's warrant list, and by reference made a part hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Mrs. Fickle Nays - None Council publicly accepted for record December Financial State- ments. Owasso City Council January 16, 1979 Page Six Motion was made by Boyd Spencer, seconded by Robbie Fickle, to approve Cash Fund Estimate of Need and Request for Appropria- tions 1978-1979 Street and Alley Fund, and by reference made a part hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, Tars. Fickle Nays - None In regard to Ordinance 244, amending Ordinance 225, covering speed zones, City Attorney commented the only change is the addition of paragraph (m) "The City Manager or Chief of Police shall have authority to establish speed zones less than 35 miles per hour. Zones for less than speeds of 35 miles per hour shall be posted and when pasted shall become the lawful speed for the zone to which said signs apply". Motion was made by Robbie Fickle, seconded by Don Thompson, to approve Ordinance 244, Amending Speed Zones, and by reference made a part hereof. Ayes - Messrs. Williams, Spencer, Thomason, Grimes, T•Zrs. Fickle Nays - None Motion was made by Boyd Spencer, seconded by Robbie Fickle, to approve Emergency Clause of Ordinance 244, Amending Speed Zones, and by reference made a Aart hereof. Ayes - Messrs. Williams, Spencer, Thompson, Grimes, I~rs. Fickle Nays - None OLD BUSINESS: Mr. Charney asked Council if he might speak with them after Council meeting adjourns in regard to the Paress/Higgins law- suit. Robbie Fickle questioned the status of membership on the Per- sonnel Board. Tyr. T~eyer advised Les Scarbrough is the only active member on that Board, with his term expiring June 30, 1979. Council decided they would submit names at the Febru- ary 6, 1979, Council meeting, to be voted on at that time. NEW BUSINESS: Bob Wrestler asked Council when a new addition should get their street signs. Mr. McGill commented they are on order for Ator. ,, Owasso City Council January 16, 1979 Page Seven Chair asked for any other new business, and there being none, Chair adjourned Owasso City Council at 8:00 PPS. MA OR CITY CLERK