|
CITY OF CATOOSA
CITY COUNCIL MINUTES
April 21, 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 21st 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; Paul Whitmire, Assistant Police Chief; Brenny Dunlap, Building Inspector/Code Enforcement Officer, Irving Frank, INCOG and Doug Alexander, City Engineer.
D: Approval of Minutes for 03/17/08 Pre- and Regular Meeting: A motion was made by Cathie Langston and seconded by Vice Mayor Mike Appel to approve the minutes for the April 7, 2008, pre- and regular meeting as presented with a correction on Item #9, Cathie Langston voted aye. 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 Penny Chambers to approve the claims as listed and as read. 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: NONE
II: Public Comments: NONE
III: AGENDA ITEMS:
ITEM #1: Discussion, consideration and possible action to approve or disapprove the request of the Applicant for an amendment of the 2025 ComprehensivePlanLand Use Designation, (Case No. CPA-2008-01) of the Applicant’s site from Residential/Low Intensity. The subject property (approximately 1.16 acres) is located along the west side of Shawnee Street approximately 150 feet south of Denbow Street. On April 14, 2008 the Planning Commission recommended denial. (Jim Hodges/City Planner)
Irving Frank with INCOG presented this item in Jim Hodges’ absence.
A motion was made by Mayor Rita Lamkin and seconded by Sandy Myers to send the applicant’s request for an amendment of the 2025 Comprehensive Plan Land Use Designation, (Case No. CPA-2008-01) back to the Planning Commission for reconsideration and/or to consider applicant’s request for a lesser intensity in zoning and further clarification for its proposed use. 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: Discussion, consideration and possible action to approve or disapprove the request to rezone the Applicant’s site from RS-6, Residential Single-Family High Intensity District to IM, Medium Intensity Industrial District, (Case No. CZ-197). The subject property (approximately 1.16 acres) is located along the west side of Shawnee Street approximately 150 feet south of Denbow Street. (Jim Hodges/City Planner)
Irving Frank presented this item in Jim Hodges’, absence.
A motion was made by Mayor Rita Lamkin and seconded by Vice Mayor Mike Appel to send the applicant’s request to rezone the applicant’s site from RS-6, Residential Single-Family High Intensity District to IM, Medium Intensity Industrial District, (Case No. CZ-197 back to the Planning Commission for reconsideration and/or to consider applicant’s request for a lesser intensity in zoning and further clarification for the
proposed use. 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.
Mayor Lamkin notified all proponents and the opponents that this will go back on the Planning Commission for the next meeting of May 12, 2008. So you are all notified that this is not the end of this and that if any protesters are here you will need to go to the Planning Commission meeting on May 12th at 6:00 p.m. here in these chambers. And of course the applicants know to come here on May 12th at 6:00 p.m. and the Planning Commission will consider your applications further.
ITEM #3: Discussion, consideration and possible action to approve or disapprove the request for an Accelerated Release of a Building Permit for the Taco Bueno. (Jim Hodges/City Planner)
A motion was made by Mayor Rita Lamkin and seconded by Linda Paylor to approve the request for an Accelerated Release of a Building Permit for the Taco Bueno on the location of the “Shops at the Gathering” subject to the waiver at this time of the performance bond as outlined in the April 17, 2008 memorandum (Item #1) until the point the foundation and slab being completed by Taco Bueno or otherwise the performance bond will at that time be required and further directing the city attorney and the counsel for the applicant, Investcom Properties, LLC., to draft an indemnity agreement from Taco Bueno to the City of Catoosa for any loss they may or may not incur do to this Accelerated Building Permit and to bring that back to the city council at the next city council meeting which will be May 5, 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.
ITEM #4: Discussion, consideration and possible action to approve or disapprove the request for an Accelerated Release of a Building Permit for the Hampton Inn. (Jim Hodges/City Planner)
A motion was made by Mayor Rita Lamkin and seconded by Vice Mayor Mike Appel to approve the request for an Accelerated Release of a Building Permit for the Hampton Inn on the location of the “Shops at the Gathering” subject to the waiver at this time of the performance bond as outlined in the April 17, 2008 memorandum (Item #1) until the point the foundation and slab being completed by Hampton Inn or otherwise the performance bond will at that time be required, and further directing the city attorney and the counsel for the applicant, Investcom Properties, LLC., to draft an indemnity agreement from Hampton Inn to the City of Catoosa for any loss they may or may not incur do to this Accelerated Building Permit, and to bring that back to the city council at the next city council meeting which will be May 5, 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.
ITEM #5: Discussion, consideration and possible action to approve or disapprove the demolition of structures (not residence) on property described as Lots 7, 8, & 9 of Block 23 City of Catoosa OT, and more commonly known as 112 S. Cherokee, Catoosa, Oklahoma 74015 and owned by Betty Ann Horner. (Brenny Dunlap, Code Enforcement/City Inspector)
Brenny Dunlap, Code Enforcement Officer: I have inspected Mr. Reynolds’ property and he has repaired it and got it into compliance. He has two other structures. They are two metal buildings. Mr. Reynolds has told me he is going to remove those and sell them. So as of right now he is in good shape with the City of Catoosa.
Robert Brown, Councilmember: What about the bales of hay?
Brenny Dunlap, Code Enforcement Officer: He has been moving the hay.
Robert Brown, Councilmember: I saw about a half a dozen or better there today.
Mayor Lamkin: What still has to be done on the agenda item itself which is demolition of structures? What is left there that you declared dilapidated?
Brenny Dunlap, Code Enforcement: There is nothing left. He just has the two metal buildings to move.
Mayor Lamkin: That is in the minutes from the last meeting that he promised to do that.
Brenny Dunlap, Code Enforcement: That is right. He has already promised to do that. And his building out front that he calls his tack building, he has repaired it. He fixed the fascia and nailed up some boards. It is in good shape right now. I think it needs to be painted or stained.
Mayor Lamkin: But at this time you do not consider the storage building dilapidated?
Brenny Dunlap, Code Enforcement: No, he has fixed it up.
Mayor Lamkin: I think you were going to look at some more small structures that were there. Are they gone?
Brenny Dunlap, Code Enforcement Officer: He has removed one or two of them.
Mayor Lamkin: Are there any remaining?
Brenny Dunlap, Code Enforcement Officer: Just the two metal buildings are left.
Mayor Lamkin: So Mr. Dunlap what is remaining of those other structures, I think we were talking about bird cages or chicken coups or something like that? Are they still there?
Brenny Dunlap, Code Enforcement Officer: No, I have not seen them.
Mayor Lamkin: So there is no action for us to take tonight except for compliance with his prior promises?
Brenny Dunlap, Code Enforcement Officer: Yes, the hay.
Mike Appel, Vice Mayor: With this particular item, right now all the structures are in a non-dilapidated state. Is that correct?
Brenny Dunlap, Code Enforcement Officer: Yes.
Mike Appel, Vice Mayor: Even if they are metal buildings?
Mayor Lamkin: No, he has promised to remove the metal buildings.
Mike Appel, Vice Mayor: Well this item, the dilapidated buildings, if it is satisfied. Now wasn’t there another item that had to do with just the clean up.
Mayor Lamkin: Well there is the residence and we never declared it dilapidated. There is the tack building and Brenny has testified about that. There were two metal buildings he has promised to remove but are they in a dilapidated state? Brenny you did not get that far. It is just that Mr. Reynolds promised to remove them to make your property look better.
Mr. Buck Reynolds: Yes, I said I will remove them. I just haven’t got to them yet.
Mayor Lamkin: So it is still your intent to remove the metal buildings?
Mr. Buck Reynolds: Yes.
A motion was made by Mayor Rita Lamkin and seconded by Vice Mayor Mike Appel to repost this item on the metal structures to the second meeting in May which is May 19, 2008 at 7:00 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.
ITEM #6: Discussion, consideration and possible action to adopt Ordinance No. 357-C, an ordinance vacating a portion of Timbercrest Circle.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to adopt Ordinance No. 357-C, an ordinance vacating a portion ofTimbercrest Circle. 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 #7: Discussion, consideration and possible action to attach an emergency clause to Ordinance No. 357-C.
A motion was made by Vice Mayor Mike Appel and seconded by Penny Chambers to attach an emergency clause to Ordinance No. 357-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 #8: Discussion, consideration and possible action to approve or disapprove the rental of a skid loader and related equipment for one (1) month (April 17th to May 17th) from Warren CAT. (Al Pringle/Maintenance Supervisor/PWA Director)
A motion was made by Vice Mayor Mike Appel and seconded by Cathie Langston to approve the rental of a skid loader and related equipment for one (1) additional and final month (April 17th to May 17th) from Warren CAT in the amount of $2,406.00. 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 #9: Discussion, consideration and possible action to acknowledge as a public record that Margaret L. Jacobsen has received accreditation from Oklahoma Water Resources Board as the Floodplain Administrator for the City of Catoosa.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to acknowledge as a public record that Margaret L. Jacobsen has received accreditation from Oklahoma Water Resources Board as the Floodplain Administrator for the City of Catoosa. 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 #10: Discussion, consideration and possible action to approve or disapprove “Request for Appropriations” for March 2008.
A motion was made by Sandy Myers and seconded by Robert Brown to approve the “Request for Appropriations” for March 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: Executive Session:
ITEM #11: Executive Session for discussion and consideration on the following matter(s) authorized by Title 25 O.S. § 307 (B) (3):
(1): Advise City Council of purchase and appraisal of real property for the Fire
Department.
(2) Discussion regarding placing a Fire Inspector under contract with the City of
Catoosa.
(3) Advise City Council of requirements in an unemployment claim.
(4) Advise City Council of offer of settlement in lieu of appeal from FEMA on
Rodger BerrySports Complex Road.
(5) Authorization to file a condemnation law suit to obtain a temporary
construction easement and a permanent easement for the installation of a sewer
line.
(6) Authorization to file a condemnation law suit to obtain permanent road right-
of-way on property described as Cameron Street.
Action Request: Motion to go into Executive Session, at the advice of the City Attorney, to consider the above matter(s); and reconvene, take possible action on such matter(s) in Open Session, and to authorize the Mayor and/or City Attorney to take all appropriate action(s) under the guidelines as discussed and directed by the City Council.
A motion was made by Sandy Myers and seconded by Cathie Langston to go into executive session. 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.
(1): Advise City Council of purchase and appraisal of real property for the Fire
Department.
No action was taken on this item.
(2) Discussion regarding placing a Fire Inspector under contract with the City of
Catoosa.
No action was taken on this item.
(3) Advise City Council of requirements in an unemployment claim.
No action was taken on this item.
(4) Advise City Council of offer of settlement in lieu of appeal from FEMA on
Rodger BerrySports Complex Road.
A motion was made by Vice Mayor Mike Appel and seconded by Sandy Myers to
approve the city attorney to accept the offer of settlement in lieu of appeal from
FEMA on the Rodger Berry Sports Complex Road. 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.
(5) Authorization to file a condemnation law suit to obtain a temporary
construction easement and a permanent easement for the installation of a sewer
line.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to
authorize to file a condemnation law suite obtaining a temporary construction
easement and a permanent easement for the installation of a sewer line on the J. W.
Powers’ property.
This motion was amended by Vice Mayor Mike Appel to add a 15’ permanent
easement and a 50’ work easement. The amendment was seconded by Cathie
Langston. 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.
(6) Authorization to file a condemnation law suit to obtain permanent road right-
of-way on property described as Cameron Street.
A motion was made by Vice Mayor Mike Appel and seconded by Linda Paylor to
authorize the city attorney to file a condemnation lawsuit to obtain a permanent road
right-of-way on property described as Cameron Street approximately 1200 feet long
and 50 feet wide. 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:
City Planning Workshop: A motion was made by Mayor Rita Lamkin and seconded by Vice Mayor Mike Appel that any member of the Planning Commission and/or the Board of Adjustments that desires to go to the OML Planning Workshop on May 9, 2008 that the City pay the registration of $85.00 per member plus travel expenses and meal expenses. 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.
Surplus List for Auction: A motion was made by Vice Mayor Mike Appel and seconded by Sandy Myers to gather a surplus list of vehicles and equipment to be put on the next city council agenda to be declared as surplus so it can be taken to an auction. 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: Asked about the standing water on the west side of the Burlington Northern Spur. Mayor Lamkin advised she would check on the situation.
Sandy Myers: None
Robert Brown: None
Linda Paylor: None
Cathie Langston: None
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 Vice Mayor Mike Appel and seconded by Linda Paylor to adjourn (9:17 p.m.). The motionpassed 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
|
