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CITY OF CATOOSA
CITY COUNCIL MINUTES
April 7, 2008
I: Meeting Convened:
A: A regular meeting of the City Council of the City of Catoosa was held and called to order by Mayor Rita Lamkin at 7:00 p.m. on Monday, the 7th day of April, 2008, at Catoosa City Hall, 214 S. Cherokee, Catoosa, Oklahoma. The meeting was held in compliance with the Oklahoma Open Meeting Act and was posted in accordance therewith at least 48 hours in advance at City Hall for the purpose of discussion, consideration and possible action on the following agenda items.
B: Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Lamkin.
C: Roll Call: The following council members were present for this meeting: Penny Chambers; Sandy Myers; Robert Brown; Linda Paylor, Cathie Langston; Vice Mayor Mike Appel; Mayor Rita Lamkin and City Attorney, Timothy P. Studebaker.
The following staff members were present for this meeting: Judy Scullawl, City Clerk; R. J. Phillips Administrative Assistant; Al Pringle, PWA Director/Maintenance Supervisor; Denus Benton, Fire Chief; Raymond Rodgers, Police Chief; Paul Whitmire, Assistant Police Chief; Janie Ducotey, Library Director and Doug Alexander, City Engineer.
D: Approval of Minutes for 03/17/08 Pre- and Regular Meeting: A motion was made by Vice Mayor Mike Appel and seconded by Cathie Langston to approve the minutes for the March 17, 2008, pre- and regular meeting as presented. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
E: Approval of Claims: A motion was made by Vice Mayor Mike Appel and seconded by Cathie Langston to approve the claims as listed and as read with the correction to pay A&B Fence Company for the fence at HathawayPark in the amount of $3,129.00 from the PWA Maintenance and Operations Account. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
F: Approval of Financial Statements: A motion was made byVice Mayor Mike Appel and seconded by Penny Chambers to approve the financial statements for February 2008 conditional upon audit at end of the year. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
II: PUBLIC COMMENTS: Cindy Robson made the following comments.
My attorney, Steven Grey, myself and our engineer who we consider to be a very good
Engineer had a meeting with some guys in Tulsa last week that owns some adjacent
property to our property and we were informed that ODOT and some of the different
people had changed some of the road plans out in front of our property where we could not connect to Cameron Street. We were told that Cameron Street had lost their abutter’s right to 193rd Street so the land that we bought at Taco Bueno and Taco Mayo would not be able for us to access. We found this out about 3:45 pm on Friday. We did everything we could do to get in contact with ODOT, with the united field services people and we done everything we could do. When Taco Bueno was going to be shut down we begged and pleaded with them to leave it open for another month because they were losing $35,000.00 a month and since the City of Catoosa is in direr straights for sales tax revenue, we were under the understanding they needed it immediately. Then they changed their plans to where they are not even going to have to demolish it immediately and could have left it open. I think my public comment would be that I notice tonight that we want to spend $7,500.00 to be able to make sure that we are able to keep route 66 open, which I am in agreement with. But the whole time we have owned the land, we have begged and pleaded for someone to help us try to keep Cameron Street open since we have a $150,000,000.00 development that we have gotten funded that we are planning to do over there. We seeCameron Street as one of the most vital things that can happen. I think it gets changed around and moved around all the time. I don’t know if ODOT does not communicate with you guys so that you know what is going on, but I assure you we spend hundreds of thousands of dollars in the process of doing this trying to keep up with what ODOT and everybody is doing. And I guess my concern is, if we needed someone to spend $7,500.00, I would think our engineering money would be better spent to keep an immediate budget that we have building plans for the hotel to be breaking ground on this week. We have a Wal-Greens that is going in. And when we come to this city and ask for help to Cameron open nobody seems to be interested. And to me that is a right now thing instead of a later thing. And I do, I do really care about whether Route 66 stays open but we need some help now and we need it quick. And I’m just asking for the citizens of Catoosa or not, whether there is a personality defect or not in our presentation, we are just used to going into cities and having them roll out the red carpet to see what they can do to get commerce and revenue. The City of Tulsa has always been very gracious to us in whatever we needed to make it easy for us. Maybe we have a communication problem but I just wanted to voice it publicly that it really hurt our feelings that no one has ever thought of a way in four years now to help us figure out how to keep Cameron Street open, which is vitally important to you getting a Wal-Mart or a Target or anything because the KOA land whether we buy it or not is your only viably source for something that would create you another million dollars a year in sales tax revenue.
Vice Mayor Mike Appel: I thought Cameron was going to stay open.
Cindy Robson: They lost their abutters right. It is a privately owned street. And this is certainly not Rita’s fault. About ten years ago, even five years ago, Paul Wilson that owns and manages the Schusterman’s Company that owns the KOA came to the City of Catoosa and begged and pleaded with them to take Cameron Street and pave it and make it a city street and they were willing to donate it. I don’t know why Curtis didn’t want to take it but he didn’t want to take and he didn’t want to maintain it and he didn’t want to keep it up. And low and behold now we have a $500,000,000.00 development across the street and we have a $150,000,000.00 development. Paul Wilson owns Cameron Street. It is a part of KOA. It has been dedicated to the general access for thirty years, thank God since 1968. But he works diligently with the City and everybody to try to get it closed down. Wal-Greens have to have access in and out of Cameron Street for their safety. We have to have access in and out of Cameron Street at some point in time for the Fire and Police protection, if we are going to build a five story hotel. We have always planned on doing that. I and Steven Grey who I consider an expert, and also Jim Tanner in these matters, met with Paul and he says “oh, by the way I’m not going to take abutters rights on Cameron Street to 193rd Street. Which means there is a possibility that because he owns that privately, even though it is open to the general public, ODOT doesn’t have to let him use that. And if the City and everybody hasn’t been keeping up with it and making sue that we have abutter’s rights to tie into the road and Doug could speak this more than we could. I mean we are going to be in a federal fight to keep that open. Now I have to think that the Casino, if they are going to park trucks over there are going to want it to stay open but maybe they have changed their minds. Since they can pull in from the Petroleum Wholesale and shut down everything else. I just think this is the most important and pressing issue that the City has. There are two things we need to figure out how to get a fire truck, we need to figure out how to make sure Wal-Greens gets open, we need to make sure our Taco Bueno gets rebuilt and we need to make sure we get the hotel open as quick as possible. Anything that we need to be doing, to me that seem to be the single focus of the City to regenerate a business. You know it’s great if we are going to sell water. It is great if we are going to do these things but if you don’t have these businesses opening up there is not going to be any reason. The only time I have ever been involved in a project was in Waco, Texas and they acted like this and it got stalled and it went away. We didn’t spend five million dollars and spend four years out there and clear all that out of there not to get these businesses. I know a lot of grown men that told me with Catoosa only having 10,000 people in population, I would never get a Wal-Greens or I would never get a $15,000,000.00 hotel and I am glad to prove them wrong, but for some reason and you guys have building plans and you have stuff on this so you know this in for sure happening.
Mayor Lamkin: I have not heard anything about ODOT changing the plans. The last plans that Doug and I reviewed showed Cameron Street accessing off of 193rd. In you Preliminary Plat, The Shops at the Gathering, you’ve got that street included in your Preliminary Plat and we are going to have a meeting tomorrow. If you are telling me that as of 3:45 Friday afternoon, you are talking about just this pas weekend, that you have spoken with somebody at ODOT and they are going to do a no access to Cameron Street?
Cindy Robson: Paul Wilson owns that street and even though it is open to the general public, if the City doesn’t choose to condemn it or to something to try to make it a public street, even though it is open to the general public, my understanding is when he privately owns that there is dome discrepancy. ODOT was going to buy that and they chose not to buy it from him because it is already open to the public. So now they are going to be in a big condemnation fight over it. ODOT doesn’t think they have to buy it because it is open, but since they have changed 193rd Street and they have changed the access to be over here to match up with the Casino instead of being where it is at, there are no abutter’s rights. He doesn’t own this part of the street over here and there was never any permanent access put on it so when ODOT changed that road then the road that would go through there has a deed of dedication to the general public. But when they made that little jog thing to align with Timbercrest it was a clever trick to where now if they don’t want to open it up they don’t have to and he doesn’t have to let that adjoin back into his. Now Jim Tanner and Steve Grey have gotten in touch with ODOT in Oklahoma City, and we are talking to the people at the FHA in Washington D.C, to try to figure out if this can be legally done. My point is, and this is not being petty or being all bout me, my point is as a City, as a City Council and as a governing body, if you have a plot and a plan on the ground. It is like you have one kid. Instead of being worried about having a new family, we need to be taking care of the child we just brought home from the hospital that is an infant because this is a born baby that we are trying to have. We need to take care of it now versus later. So I don’t know what the procedure is Rita. I know they have been slow to react to you guys when you call ODOT. I mean I know. I don’t wait for them to call me. We go up there all the time. They just got into a fight with Paul last week and decided to throw him into condemnation and put the road around him and not buy his road. It could go to the Supreme Court for all we know. God only knows and I adore Paul, but Paul loves a good fight. So here we have a project on the ground ready to be built and the City has never chosen it. Ever since I have known you guys, for two years I am like can we keep Cameron Street? Can we condemn Cameron Street? We have this project. We need Cameron Street and for two years everybody has ignored it until now. Now it has changed and there is nothing we can do about it other than wait and see how it comes out. And if that does happen, Rita I think that is a crying shame that as we have been saying, what do we need to do? Now it is here and now we are going to be in a big lengthy court battle and somebody is going to have to pay Paul Wilson a whole lot of money which is what he is wanting. He wants us to pay him money because he has got his horse …… (Inaudible) out. He’s good at that. I got to give him credit. I knew he would come up with something. And unless we buy his land for whatever he wants to sell it for. Right now Wal-Mart did not watch out and the City of Tulsa did not watch out and we have a little strop of land down in front of Wal-Mart down at 116th Street that that a clever guy kept and they want a million dollars for a 10 ft X 20ft strip and there is only one access ------(inaudible) to Wal-Mart and it is a mess. So that is why when I am saying “oh, by the way guys we need to get on board, we need to be worrying about this”. It’s not because I am being hard to deal with or I am being irrational, it’s just that we have been through this a hundred million times. And if anybody can figure out a way to make an extra nickel on you or box you in, they are going to. So I am very concerned about Route 66. We probably own more land that it affects than anybody and I am very much for that. But my feelings are really hurt because we are not all trying to figure out how to condemn Cameron Street or go through condemnation or something and make it into a city street because I think it is a very viable thing to your economy. And I think it should be the hot thing on the list. It doesn’t make any difference anything that happens. That is the most important thing that you got going right now is to have a city street across the street from a $500,000,000.00 development.
Mayor Lamkin: Well you know at 10:30 am tomorrow we have you, your engineer our engineer, your attorney all meeting here on your preliminary plats.
Cindy Robson: It won’t make any difference what we plat, Rita.
Mayor Lamkin: What I am saying is this is new information and we can’t resolve anything at the council meeting tonight. It’s not an agenda item, but we can all pt our heads together tomorrow.
Cindy Robson: Well my concern is we know everything else that is going on and we keep up with all this stuff and if we are going to build a clock the whole town shows up and if we are going to do this they show up and the whole time all that has been going on I’m like guys the most important thing we have got is Cameron Street. You need Cameron Street, you need Cameron Street, you need Cameron Street and not one person other than us has been interested in Cameron Street. I wish I could buy all of Cameron Street for $226,000.00 and pay it out over twenty years. I would give you a million dollars for Cameron Street. And I would pay you right now and not make you wait twenty years. I want to know where I sigh up to buy an acre of land next door to a $500,000,000.00 Casino for $226,000.00.
Mayor Lamkin: Thank you, Ms. Robson.
III: AGENDA ITEMS:
ITEM #1: Discussion, consideration and possible action to approve or disapprove hiring Garver Engineers to perform Level of Service computations for the I-44/SH-66 Interchange Alternative.
A motion was made by Vice Mayor Mike Appel and seconded by Robert Brown to approve hiring Garver Engineers to perform Level of Service computations for the I-44/SH-66 Interchange Alternative in the amount of $9,200.00. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #2: Mr. Tim Armer, Transportation Planning Manager w/INCOG to give a presentation regarding the 2035 Regional Transportation Plan.
Mr. Tim Armer gave a presentation regarding the 2035 Regional Transportation Plan.
ITEM #3: Discussion, consideration and possible action to approve or disapprove the Library’s Policy Manual.
A motion was made by Mayor Rita Lamkin and seconded by Linda Paylor for Item #3 to be reposted to April 21, 2008. Mayor Rita Lamkin amended this motion to say for Item #3 to be reposted to May 5, 2008. The amendment was seconded by Linda Paylor. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin.
ITEM #4: Discussion, consideration and possible action to approve or disapprove the purchase of tire chains for Engine No. 1.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to approve the purchase of tire chains for Engine No. 1 from Conrad Fire Equipment, Inc. in the amount of $2,230.00. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin.
ITEM #5: Discussion, consideration and possible action to approve or disapprove the purchase of a “four gas meter” for the Fire Department.
A motion was made by Sandy Myers and seconded by Robert Brown to approve the purchase of a “four gas meter” for the Fire Department from Jerry Ingram in the amount of $3,039.00. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin.
ITEM #6: Discussion, consideration and possible action on acquiring financing for the balance of the purchase price of the new fire truck.
A motion was made by Mayor Rita Lamkin and seconded by Vice Mayor Mike Appel to acquire financing for the balance of the purchase of the new fire truck and accessories in the amount of $138,763.00 at the interest rate of 4% for five (5) years from the Bank of Commerce. The motion passed with the following votes: Penny Chambers-nay (abstained); Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #7: Discussion, consideration and possible action to approve or disapprove the purchase of a server plus labor for setup and configuration for the Police Department.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to approve the purchase of a Dell “Server” in the amount of $5,669.00. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #8: Discussion, consideration and possible action to approve or disapprove the purchase of a lawn mower for the Maintenance Department.
A motion was made by Mayor Rita Lamkin and seconded by Robert Brown to approve
purchase of a John Deere lawn mower from Green Country AG & Lawn in the amount of $9,129.14 for the Maintenance Department. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-nay; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #9: Discussion, consideration and possible action to approve or disapprove the City of Catoosa to be a Corporate Sponsor for the Chamber Golf Tournament and solicit team members to represent the City of Catoosa.
A motion was made by Sandy Myers and seconded by Robert Brown to sponsor a team for the Catoosa Chamber of Commerce Golf Tournament as a Team Sponsor for $600.00 and $40.00 for mulligan contingent upon getting a team. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-nay; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #10: Discussion, consideration and possible action to adopt Amended Ordinance No. 275-C, an ordinance prohibiting burning outdoors within the corporate limits of the City of Catoosa, allowing burning of limbs and leaves during months of October thru May and imposing a fine for each violation.
A motion was made by Cathie Langston and seconded by Penny Chambers to adopt Ordinance No. 275-C, an ordinance prohibiting burning outdoors within the corporate limits of the City of Catoosa, allowing burning of limbs and leaves during the months of October, through May and imposing a fine for each violation. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #11: Discussion, consideration and possible action to attach an emergency clause to Amended Ordinance No. 275-C.
A motion was made by Sandy Myers and seconded by Vice Mayor Mike Appel to attach an emergency clause to Amended Ordinance No. 275-C. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
ITEM #12: Discussion, consideration and possible action to approve or disapprove the “Request for Appropriations” for February 2008.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to approve the “Request for Appropriations” for February 2008. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
IV: NEW BUSINESS:
A motion was made by Mayor Rita Lamkin and seconded by Vice Mayor Mike Appel for the following persons, (1st) Mayor Rita Lamkin, (2nd) Vice Mayor Mike Appel and (3rd) Myrna Barbee, Treasurer to be appointed as the authorized signatures with the Oklahoma Department of Commerce. The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
V: COUNCIL/STAFF COMMENTS:
Penny Chambers: The Burlington Northern Spur, where the trains kept derailing, there is a place on the west side of the tracks that will not drain. It’s literally a pond.
Sandy Myers: Is the City still going to make additional passes through neighbors picking up limbs? Also there is a street light out at Woodbriar and Woodcrest that is really dim.
Robert Brown: None
Linda Paylor: None
Cathie Langston: Thank you for picking up the limbs on Tigerswitch Road and I don’t know if the pot holes have been filled on Tigerswitch yet? Also on 193rd E. Ave. between Pine and Tigerswitch there is a lot of asphalt that has been pushed up there from the big trucks.
Vice Mayor Mike Appel: None
Ward No. 1 Council Member Penny Chambers
Ward No. 2 Council Member Sandy Myers
Ward No. 3 Council Member Robert Brown
Ward No. 4 Council Member Linda Paylor
Ward No. 5 Council Member Cathie Langston
Ward No. 6 Council Member & Vice Mayor Mike Appel
Mayor Rita Lamkin
Municipal Attorney Timothy P. Studebaker
City Clerk Judy Scullawl
Administrative Assistant R. J. Phillips
City Treasurer
VII: ADJOURNMENT:
There being no further business to come before the City Council, a motion was made by Penny Chambers and seconded by Vice Mayor Mike Appel to adjourn (8:58 p.m.). The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Robert Brown-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor Mike Appel-aye; Mayor Rita Lamkin-aye.
Approved on this_____ day of _________________________, 2008
______________________________ ________________________________
Judy Scullawl, City Clerk Rita Lamkin, Mayor
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