logo blk & wht

Home
 
Quick Links
 
 
Emergency
 
Catoosa PD
Catoosa Fire Dept.
 
General Info.
 
City Ordinances
Catoosa Schools
Map of Catoosa
Demographic Profile
Legal Notice
City Ward Map
Chamber of Commerce
Catoosa Times News
Municipal Court
Trash Service
 
Animal Control
Ordinance on Animals
Animal At Large
Adopt A Pet
Available Pets
Success Stories
 
City Council
 
Agendas
Minutes
Members
Meetings
 
Public Works
Authority
 
Agendas
Minutes
Meetings
 
Planning
Commission
 
Agendas
Members
Meetings
Minutes
 
Board of
Adjustments
 
Agendas
Members
Meetings
 
Parks Board
 
Members
Meetings
Agendas
Minutes
 
Community
Interests
 
Blue Whale
Community Center
D.W. Correll Museum
Historical Museum
Library
Parks
Port of Catoosa
Route 66 Flywheelers
Storm Water Info.
 
Building/
Planning Dept.
 
Applications & Permits
Comprehensive Plan
2025
Zoning Codes
Design Criteria
Subdivision Regs
 

City of Catoosa, Oklahoma

City Council Minutes

August 20, 2007

 

Meeting Convened:  A regular meeting of the City Council of the City of Catoosa was held and called to order by Mayor Rita Lamkin at 7:06pm on Monday, the 20th  day of August, 2007 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. The Pledge of Allegiance was led by Mayor Rita Lamkin.

 

Roll Call:  The following were present for this meeting:  Penny Chambers; Sandy Myers; Linda Paylor, Cathie Langston; Vice Mayor, Mike Appel; Mayor Rita Lamkin, and   City Attorney, Tim Studebaker. 

 

The following staff members were present for this meeting:  Irving Frank, City Planner/INCOG, Jim Hodges, City Planner/INCOG, Judy Scullawl, City Clerk, R.J. Phillips, Administrative Assistant, Myrna Barbee, City Treasurer, Raymond Rodgers, Police Chief, Denus Benton, Fire Chief and Al Pringle, Maintenance Supervisor.

 

Approval of Minutes:  A motion was made by Cathie Langston and seconded by Penny Chambersto approve the minutes of the regular meeting of August 20, 2007. The motion passed with the following votes:  Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor, Mike Appel-aye; Mayor Rita Lamkin-aye.

 

Approval of Claims:  A motion was made by Vice Mayor, Mike Appel and seconded by Cathie Langstonto approve the claims as listed. The motion passed with the following votes:  Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor, Mike Appel-aye; Mayor Rita Lamkin-aye.

 

Item #1:  Discussion, consideration and possible action on temporarily vacating Timbercrest Circle west of North 193rd East Avenue, and permanently repositioning Timbercrest Circle as a private road owned by Cherokee Nation, Inc. (Per attached map).   (See Enclosure)

 

Mr. David Stuart with Cherokee Nation Enterprises addressed the City Council on this item. 

 

David Stewart, CNE: We have gone back to the drawing board understanding that vacating the entire Timbercrest Circle was not absolutely necessary for us to expand our project.  So what we did was we went back and determined our minimum requirements and our architect, Chief Boyd is handing out a drawing that indicates a smaller piece which represents about 25% of Timbercrest Circle that we actually need to vacate in order for us to put the event center out to the east.  If you recall one of the reasons for wanting that was the construction cost of putting the event center on top of the convention out south was extremely high and not conducive to the property.  We own the property it is to go on and Timbercrest Circle was actually deeded by a previous developer to the City in a previous deed, either under an easement or fee title.  So what we would do in return and we had several considerations when we did this. We wanted to make sure the businesses that were adjoining (Waffle House to the south) and the properties to the east which would include McDonalds and Pizza Hut had complete access.  And Timbercrest Circle would essentially stay in the same traffic pattern, but it might take a different turn a little earlier right behind their two properties and our property.  Referring to the drawing, if you show that Chief, I think that is going to depict the new traffic pattern that would exist.  So we wanted to be sure the existing businesses were not going to be disturbed.  So if you will notice the blue there on the drawing that is the new traffic pattern. There would in fact be a second traffic pattern that would go on around Timbercrest Circle and then go around the EvetCenter and turn into that so that the people wanting to go on into the property could go on existing Timbercrest Circle which would stay with the City.  Then we would build a different access from Timbercrest west to east to the blue as indicated which would actually create another circle.  And if you will notice the blue that goes back south which Waffle House is directly there so that would not be disturbed.  And also access to McDonalds and Pizza Hut would have the same traffic pattern.  So this was critical in our decision to do this in our proposal to you so that those businesses would not be disturbed.  So I would present that to the Council as a revised proposal that we feel like is about 25% of what we asked for before.  At the same time we recognize our expansion is going to create additional burden on the City and we would offer to double our existing commitment to the City.  What we did originally was we purchased two (2) vehicles for the Police Department and we currently make a $6,500.00 payment to I believe the Police Department for their additional work load.  So what we would do is we would double that.  That comes out $78,000.00 per year and we would double that with an additional $78,000.00 per year that the City would have at their discretion to pay as they see fit.  We understand the emergency requirements at our property are fairly high.  We went over some of those statistics today.  So that would be at the City’s discretion to make those payments.  In addition to that, I would like to put at least for the record we make a $30,000.00 annual payment to the school system for them to yield a matching grant.  So we would continue that as the school sees fit. And n addition to that of course as a community partner, I can’t enumerate all the things that our company does in terms of helping the City in small payments for different projects. So we would continue to do those things. And in addition for the record I think is well to note that approximately 120 of our employees reside here in Catoosa.  Our annual payroll to those employees is in excess $1,300,000.00.  Our total roads contribution from the Cherokee Nation to RogersCounty over the past several years has been in excess of $45,000,000.00.  Our contribution to the 193rd expansion at this point has been about $7,000,000.00 and we expect to make an additional contribution to that.  We are trying to facilitate getting the road expansion on I-44to be expanded through monitory contributions to ODOT and they have been very receptive to that.  And I think it is in our interest and I think in your interest that we do that so we can get additional traffic flow3 into the City and help the businesses.  So an additional contribution will be made by us. We haven’t announced that yet but I would say that our total contribution of all of that is in excess of $10,000,000.00. We would like for the City to consider us a valuable partner in the approval of vacating approximately 500ft. of the road which we would actually deter and replace.  We would insure that the businesses are insured proper access from 193rd that this would be palatable and something that the City could see future partnerships with the Cherokee Nation Enterprises. So I think that I would leave it at that. Chief to do you have any other comments that you would like to make? 

 

CNE Engineer:  One comment I have is that this is actually a new road.  It’s not the one that goes by there right now.  Our traffic engineer has recommended that we separate the Smoke Shop traffic from this business traffic so it would reduce congestion.  We will be building a new Smoke Shop at some point in time. 

 

David Stewart,CNE:  Now because that is trust land, the complications of providing an easement and actually dedicating the road is virtually impossible.  The easement requires BIA approval which takes some extended period of time.  What we would grant is by contract an access to that.  It would be something the City could count on and the businesses could count on so they would be insured of traffic flow.  So we would work those legal ramifications out, but it is very complicated because it is actually owned by the Bureau in trust for the Cherokee Nation.  So we would work with the City to make sure that issue is addressed. 

 

Sandy Myers, Council Member: And that road you are speaking of would be the north-south road?

 

David Stewart, CNE: North-south road as it exists today. But we would actually build another road to the west that would actually be a separate road so that those businesses could have dedicated traffic to their businesses and not be encumbered by traffic to the Smoke Shop and our property there.  That was the recommendation from the traffic engineer that we had do the work.  So we feel very good about that issue.

 

Mike Appel, Vice-Mayor: Mr. Stuart would this agreement include both these roads (as indicated by Appel)?

 

David Stewart, CNE:  I think this road in the blue would be part of a contractual easement and this road would be on our property and facilitate if you decided to go into our property this would be an access back to here. So we would just maintain that and it would be to our interest to do that.  If you look at the total traffic pattern, of course this is four lanes going east to west and then north to south and then back would actually come in where the beginning of this property where we vacated and then actually have the circle.  There will be two ways to get around to the existing businesses, no actually three ways.

 

CNE Engineer:  The blue on this drawing represents the roads for police, fire and everybody like that so they will have total access right around all the buildings.

 

Dave Stewart, CNE:  It was critical that we have this road complete because we will have the Tower here.  We have to have fire access for sure during the construction period that we have fire and police access to those properties. 

Mayor Lamkin: Speaking of fire, I don’t know if I understood you.  You are talking about doubling your present commitment that included the tow (2) vehicles and the salaries for two (2) police officers.

 

David Stewart, CNE:  Well what I would agree to was we make a $78,000.00 payment currently to the Police Department so we would double that.  We would make an additional $78,000.00 per year to use at the city’s discretion.  We wouldn’t be concerned about how that money is spent.  But it would be an additional $78,000.00.  And that would go for a period until our compact with the State expires which would be approximately 12 years, 11 to 12 years.

 

Mayor Lamkin:  I need you to explain that.

 

David Stewart, CNE: Our compact with the State for gaming, it was a 15 year compact. It was passed in 2004, I believe.  So that was a 15 year compact.  We would make this agreement until that particular date. And I think that presumably there would be renegotiations with the State at that time.  Which we would sit down with the City and renegotiate that. Because if we continue to be in business we would think there is a continued obligation.  So we have to provide some time at which we would re-determine what that is.

 

Mayor Lamkin:  So are you saying that in the year 2019 when you’re compact is up and you have to renegotiate then we would have to renegotiate with you.

 

David Stewart, CNE: That’s right.  I think if you will look back at our history we have never been one to not skirt our obligation in those areas.  And certainly we would set back at the table.  But I think from a business stand point we have to provide some time commitment to what we do here. 

 

Mayor Lamkin:  But even in our initial agreement we could have a clause in there that this would continue. 

 

David Stewart, CNE: Certainly we could under favorably negotiations with the State and renegotiations we would do that.  Yes sir. 

 

Mayor Lamkin:  So we would not have the jeopardy of it just ceasing on us in 2019 if you decide you don’t need us anymore.

 

David Stewart, CNE: Certainly.  Mayor I don’t think we would ever decide we don’t need you anymore. 

 

Tim Studebaker, City Attorney:  I am pretty sure you are going to get your gaming compact renewed.

David Stewart, CNE:  I think so.  And you know there is know way would could operate, and I think if you will look at the evidence of our willingness to  co-deputize and work with the City police under really no legal obligation to.  We have a had certainly community obligation to honor that.  So we would continue that approach.  But we could work out those details.

 

Mayor Lamkin:  For the Council’s information I had Doug Alexander, City Engineer do a quick estimate of what this road, the entire Timbercrest Circle road is worth and with the depreciated value he came up with $898,000.00.  But what you are asking us to do is only vacate a fourth of it. 

 

David Stewart, CNE:  Yes, 25% is what it comes out to. 

 

Mayor Lamkin:  So, if we broke that down into fourths, over the next fifteen years this $78,000.00 would pay for that fourth.

 

David Stewart, CNE: It would more than pay for that. You are right.

 

Mayor Lamkin:  What assurance have we got if you can’t give us the north-south road in fee simple?  What assurance have we got five years down the road you don’t decide to close that?

 

David Stewart, CNE: Well, we would enter into some contractual agreement that I think we would work with your legal counsel on that would obligate us to make sure that that access is there.  Because it is really not in our best interest to hurt those businesses and we certainly don’t want to. So we would work with your counsel to get comfortable that that agreement was in place.

 

Tim Studebaker, City Attorney:  I have a couple of questions for you Mr. Stuart.  On this map that you have provided, in the grey shaded areas is says future vacated road way, but you are just asking for 25% now.  You are not going to be asking for future vacation of Timbercrest.

 

David Stewart, CNE:  No, that was before.

 

Tim Studebaker, City Attorney:  O.K.  My other question is during your comments you were making, you said you were going to do everything to insure the businesses have access from 193rd.  Businesses meaning, I guess McDonalds and Waffle House?

 

David Stewart, CNE: Well at least from the circle point of view.  Our property goes to the west so what we wanted to do was when we had Timbercrest Circle cars could come in and have a good passage all the way around to 193rd.  So when we looked at it we wanted to make sure that that area west was insured and that traffic loop was insured.  So that is the way we looked at it.  We wanted to insure that that traffic loop remained in tact. 

 

Mayor Lamkin:  On ODOT’s plans right now for 193rd they have all these concrete barriers in front of the two entrances to Timbercrest Circle. Which basically  is going to hurt the whole drive.  I would assume you in some respect even though you have a very nice entrance on north, but it is really going to hurt McDonalds, Waffle House and they are here tonight.  The last time you indicated that you didn’t have a vested interest in those barriers on 193rd.  And that you thought you might have some influence or could ask ODOT about the revision of that.  Have you done anything about that.

 

David Stewart, CNE: Yes, I have.  Really that design and engineering work is really out of our control.  I mean obviously the exit we were concerned about the number of lanes we were concerned about, but ODOT did their own traffic study to determine what those lanes would be like.  And really determined how that traffic engineering would occur.  We did not get involve in trying to tell them how to engineer the roads.  I mean that was beyond the scope of what we were concerned about.  What we were concerned about was the entrance into the property.  We paid for our entrance on Cherokee Street.   We paid that $250,000.00 to make sure that was a good entrance and beyond that we really left up to the State.

 

Mayor Lamkin:  But have you had any conversations with anyone from ODOT regarding our last conversation about trying to convince them to take those out?

 

David Stewart, CNE: Well, yes and ODOT really relies on the Bentam Group I believe as engineers to determine traffic glow.  And it is really, I mean although a concern of ours and we indicated it, it was really out of the scope of our influence to be able to change the engineering of that loop. So I will say we did have discussions really honestly it is beyond our expertise to change that and our ability so we left that as an ODOT decision. 

 

Mayor Lamkin:  I will just note, I believe those traffic counts were taken before you bought out the two truck stops to the immediate north of I-44 and those truck stops no longer exist.  But at the time they would have been doing their traffic count that would have been a very congested area with the eighteen wheelers co-mingling with the passenger cars and obviously it would have looked bad at the time they did that traffic count.  Being a good neighbor would you commit to using all influence and meeting ODOT with us when we can get them together and show you have no vested interest in those blockades?

 

David Stewart, CNE: Certainly would.  Right, and mention that it is an issue of concern to the City.  We would certainly mention that in our meetings.  And we will continue to have meetings with them as the projects continues. So I will make a commitment to mention that and discuss it with them. 

 

Sandy Myers, Council Member: When you have your meetings are you going to be including the City in your meetings? 

 

Dave Stewart, CNE:  We have meetings with ODOT regularly to understand the progress of the project and certainly those are public meetings and anybody that would like come are welcome to attend.  We do it for our own business analysis so that we understand how the project is going.  Certainly if we get our project approved and we get this approve we will move expedisously to build the project,  make a contribution to get I-44 expanded and will certainly have greater contact with ODOT as we go.

 

Sandy Myers, Council Member: Could you let the City know when those meetings take place so that maybe representatives from the City could be included in those?

 

David Stewart, CNE: Certainly can.  That is absolutely availably. 

 

Mayor Lamkin:  Anymore questions of Mr. Stuart?

 

Mike Appel, Vice Mayor: Know, but I have one.  Can we legally just vacate that portion of the road.

 

Mayor Lamkin:  For an exchange of like kind.

 

Mike Appel, Vice Mayor: If your vacating something you are not passing ownership to anyone other than to whose land is around it. It is gone. I mean that is the only way I understand vacate. 

 

Mayor Lamkin: Well initially I was under the understanding that we could be exchanging  the north-south I will leave that up to our city attorney to research if a guaranteed permanent access on an improved road would qualify as a like exchange. I can’t answer that tonight. 

 

Sandy Myers, Council Member: Wasn’t there the $78,000.00 committed for the next twelve years?  Is that tied with this?

 

David Stewart, CNE: It sure is.  I mean it’s really a quick pro-quo to vacating that property which I think happens very regularly where an owner owns both sides and has to negotiate with the City on those issues.  So we would offer not only the contractual right for traffic to flow to the businesses but also the $78,000.00 per year for the next twelve years.  And the city could determine that accordingly in the legal issues. 

 

Sandy Myers, Council Member: I just trying to make sure I understand is in order to relinquish a city asset there has to be a contract for in exchange for fees, services like property, in exchange for something.  So that is what I’m trying to clarify.

 

David Stewart, CNE: O.K. that is what I’ve talked about tonight.  What I’ve offered on the table tonight is ---

 

Sandy Myers, Council Member: So what you are offering in exchange for this, what is it 50ft?

David Stewart, CNE: 500ft.

 

Sandy Myers, Council Member: O.K. 500ft. is the $78,000.00 for the next twelve years and  public access to this other road?

 

David Stewart, CNE: Yes, through some contractual arrangement that is palatable with the Bureau.  That really is as good until the attorneys get comfortable we would make sure, we do the best we can.

 

Sandy Myers, Council Member:  So can we do anything until we see a contract?

 

David Stewart, CNE: If I could interject here, I think what we would like to see is a vote of confidence by the council that this concept is something the council wants to do.  If not we can go other directions.  But if it is, I’m comfortable we can work with the city attorney to work out the legal issues that might arise which would subsequently be brought to the council for formal approval depending on what the process is. 

 

Mayor Lamkin:  To address Ms Myers, it has been done before. You can approve subject to the drafting, approval and recommendation by the city attorney and then bring it back before the city council.

 

David Stewart, CNE: So we wouldn’t want to do anything that is outside the normal process here.

 

Cathie Langston, Council Member:  You had mentioned giving $45,000,000.00 back for the roads.  Can you tell me what you have received in federal subsidies for the roads that the Cherokee receives?

 

David Stewart, CNE: You know I have looked at the total budget for the Tribe.  I know it is about $200,000,000.00 or $300,000,000.00.  That includes health, education, community service and roads programs. And what the Cherokee Nation does with those funds is distribute it among the fourteen counties of the Cherokee Nation of which RogersCounty is one.  And so that $45,000,000.00 is over a period of the previous years that the Cherokee Nation has basically allocated to RogersCounty for road improvement.

 

Sandy Myers, Council Member: Can you think of any of the roads off the top of your head?

 

David Stewart, CNE: Absolutely not.  I’m really not involved in that.  I could find out.  But I know the numbers are there and the programs are there and Cherokee Nation has a very good roads department and their involved all over the fourteen counties. Now it may be back in some of the rural areas and not in the cities so you may not see it as much.  But it does benefit people coming into the City and it is an infrastructure benefit to the whole area.  You know another benefit that has derived from the passage of the State Question 712 were the contract payments that we make.  We have made a total of  $18,000,000.00  in contract payments to the State.  And that money goes to K through 12 education throughout the State of Oklahoma.  We tried to find out exactly what amount goes to Catoosa, but we have not been able to get that.  But $18,000,000.00 has gone into the State directly from the Cherokee Nation.  And the Catoosa schools certainly receive a piece of that.  The car tag funds given to Catoosa last year were approximately $41,000.00.  We added up our Catoosa community donations which were approximately $20,000.00.  So I guess the story is that at least in our mission statement as a corporation, as a subsidiary of the Cherokee Nation is to always be a community partner.  And hopefully some of the things I have talked about have exemplified that.  And we will continue to do that as we go forward.  We want our community to grow as we want our business to grow. 

 

Mayor Lamkin:  I just did a quick multiplication here.  The $78,000.00 is just the $6,500.00 per month salary for two employees.  But you said you were willing to double your commitment and you initially spoke of providing two vehicles.  That was a start up.

 

David Stewart, CNE: Yes, we paid that to initially start up the Police Department. 

 

Mayor Lamkin:  So your proposal tonight is the same, the start up of two additional vehicles plus pay ----.

 

David Stewart, CNE: It wasn’t that Mayor.

 

Mayor Lamkin:  Sure it was.

 

David Stewart, CNE:  I guess if that gets the deal done we will do it.

 

Tim Studebaker, City Attorney:  David, you said earlier that you had given about $7,000,000.00 to the 193rd Street expansion. 

 

David Stewart, CNE: Yes.

 

Tim Studebaker, City Attorney:  Then we were talking about the medians and you said well that is ODOT and you don’t have any control over ODOT. And I understand that is a separate entity but it would be my guess that anybody that is making a $7,000,000.00 contribution, ODOT is going to listen to.  If you say look I have a concern.  Question is would you be willing to go on the record to say that you would partner with the City of Catoosa in talking  to ODOT about not having medians in front of Timbercrest because that is really going to impact these businesses like Waffle House and McDonalds negatively if traffic has to go up to Cherokee to your entrance. Would you be willing to go on the record and say that you will partner with us in opposing that? 

 

David Stewart, CNE: What we did when we had our initials meeting and saw that because we actually would like that entrance as well so our inquiry led to the discussion of how much traffic when you have a four and five and six lane bridge and then you traffic that goes underneath that bridge you actually through some very basic traffic principles you can’t have a turn off that quick.  Because what happens is everybody going underneath and they have a four lane you can’t have them make a change.  So that is what was told to me as a result of that and those are the jBentom Group that is a very well qualified engineering firm that does most of the work for ODOT.    It is basically a non-negotiable  type issue. Because they basically said you can’t have that much traffic come through and then automatically make a turn and stop traffic.  You are basically getting them going and then you are stopping them.  So there is a turn at Pizza Hut. So the Pizza Hut was within the so many yards you have within to turn in.  So there will be a turn in at the Pizza Hut.  So you are missing one turn and you will get the other one.  But given that much traffic, and I’m just a layman and I may be misquoting some of this, but that was my basic understanding.  So it really wasn’t an option.  You just can’t build a $50,000,000.00 interchange and have traffic stop and turn. 

 

Mayor Lamkin:  Well it doesn’t seem like it is their place to put businesses out of business either.

 

David Stewart, CNE: Well I will tell you we will do what we can to revisit that issue.  It is my understanding it is an engineering issue. 

 

Tim Studebaker, City Attorney:  All I’m saying is all I would like to see is a commitment from you that this issue is just not done that Rita is going to be there.  There has got to be another way.  I’m not an engineer but  you now maybe a left had turn lane.  I don’t know but there has got to be some way we can keep from impacting these businesses so negatively.  And I mean, that is all I’m asking for is your commitment to go along with us on that. 

 

David Stewart, CNE:  I think what I can to commit to is to revisit it with ODOT.  You know I can’t put that expansion dollar on the line based on that particular issue. I will say that.

 

Tim Studebaker, City Attorney:  I understand but I’m just asking you for a commitment that you will go with us on that issue because that is a concern.  We have some business owners that are going to be negatively impacted if those center medians are put there. 

 

Mayor Lamkin:  I’m back to dollars.  Not much, but Mrs. Scullawl just reminded that what you are currently paying is $7,200.00 per month  because that is with the taxes and the pension contribution and does your offer of $78,000.00 per year take in to account when we give pay raises.  This year we just gave them a 9% across the board pay raise. 

 

David Stewart, CNE: No, the offer is that we would match what we are doing today with the,I think it is $6,500.00 per month. 

 

Mayor Lamkin:  She is saying $7,200.00. 

 

David Stewart, CNE:  Well. 

 

Mayor Lamkin:  We have our treasurer here.  Myrna what are we paying two officers.

 

Myrna Barbee, City Treasurer:  It is over $7,200.00 per month

 

Raymond Rodgers, Police Chief:  It is $7, 218.06.

 

David Stewart, CNE:  Whatever it is currently today if that is $7,200.00 we would match that number.

 

Mayor Lamkin:  Well if he can remember $7,218.06, I think he knows his figures. 

 

David Stewart, CNE: You see that shows what a good steward we had a request and we actually honored the Chief’s request.  We would honor the same we are paying today that $7,200.00 we would honor that has a match. 

 

Mike Appel, Vice Mayor: Mr. Stuart I would like to ask one other question.  All the money that the Federal Government gives the Cherokee Nation to disseminate out to the counties within their realm, where does that money come from?

 

David Stewart, CNE: That is the Federal Government.

 

Mike Appel, Vice-Mayor: So really their giving you everyone’s money to hand out instead of them doing it themselves.

 

David Stewart, CNE: Well you know if you understood Cherokee history there is a reason why the Federal Government pays the Cherokees money.  And if you look back in history it is not to dole out for know reason.  And so there is a reason for it.  It is a very valid reason that the Indians get those dollars from the Federal Government.  It is not just a free dollar if you will and so I really don’t want to get into that. I will say that research says there is a valid reason for that.

 

Cathie Langston, Council Member:  Do we have a contract for the $78,000.00 or whatever it is now?  Do we have a contract for that?

 

Mayor Lamkin: Yes.  Raymond prepares it and renews it annually. 

 

Penny Chambers, Council Member:  It is not just a verbal contract.  It’s an actual signed contract with them.

 

Mayor Lamkin:  Any further questions of Mr. Stuart?  Mr. Stuart do you have anyone else that you wanted to speak?

 

David Stewart, CNE: Unless there are technical questions regarding the issue, we have our architect here.  But I think our position is well stated here by this dialogue so we would request approval.

 

Mayor Lamkin:  I have a big audience here tonight for some reason. I don’t know if there is anyone, I know there are interested parties here but I don’t know if all your questions have been asked by the council or if there is anyone that has anything they want to say in opposition.

 

Kris Fullerton, McDonald’s Corporation:  I am the area real estate manager.  I would like to put it on the record that McDonald’s, if these medians are going to go forward, it would substantially negatively impact the amount of business we would be able to do an decrease the tax dollars that we are putting into the City. It would be our request that the City make your grant or the vacation of this road a contingency on the Cherokee Nation working with you to actually get the median cut approved.  With the type of dollars that they are contributing to the State I think that it is only a fair request and a reasonable request.  I would also like to verify what type of road improvements Timbercrest Circle is  going to be. If it is actually going to be a concrete road with curb and gutters and that type of investment.  We would plead with the Council and Mayor to make that vacation contingent on that median cut being approved.

 

David Stewart, CNE: You know I understand your concern. It’s problematic in that the traffic flow considerations by the engineers are almost sometimes nonnegotiable. We will make our best efforts to talk to them but when you deal with this many cars and those kinds of dollars and cars coming underneath that kind of expansion it is almost detrimental to the entire project to change the fundamentals of traffic flow.  So I would say subject to that we would help and do whatever we can do.  But to be contingent on that I think it may be a stretch of impossibility but we will do our best efforts work . 

 

Mayor Lamkin:  Anyone else have any questions of Mr. Stuart or of the City council or comments in general concerning this issue?

 

Dean Miller, School Board: I’ve been involved since about 1990 and I would just like to tell you that sometimes the Cherokees’ do not honor what they say they are going to do.  Also I take exception to what he says about gaming money coming to education. It does come to the State but then they lowered the other side so education does not receive that much more money than what we originally had.  It is not their fault.  It is our legislatures fault.  But if you do anything at all make sure you get it in black and white and signed.

 

Tim Studebaker, City Attorney:  David, I have a question.  The traffic count you were talking about on 193rd, is that part the ODOT study that has them closing off the Highway 66 north exit and pushing all the traffic down to 193rd?  So theoretically if we could persuade ODOT to change their mind and leave that ramp open on North 66 wouldn’t that change the traffic count down there?

 

David Stewart, CNE: Well, you know Counselor I really didn’t get that into the whys of the engineering.  And that is why I hedging when it comes up to that because I really can’t talk intelligently.  We left that up to ODOT.  It is not our decision.  We are not really experts in that and they did that.  The best I can do is to mention it at the table with ODOT, Mr. Ridley and discuss it again and see if there is any options.  We will do that.

 

Sandy Myers, Council Member: And include the Mayor in that meeting if you would. 

 

David Stewart, CNE: We would certainly notify anyone that wants to be there. 

 

Penny Chambers, City Council: I have one more question.  You say you want to be in a partnership with the City of Catoosa and yet in all of your advertisements for the Casino it says Tulsa. And in the last listing of the civic organizations you are involved with the Tulsa Metro Chamber of Commerce but not the Catoosa Chamber of Commerce. 

 

David Stewart, CNE: Well there are some marketing reasons for that and I have to address it at just about every public session we get into. What our strategy was initially was to go out to the region and bring people into this area.  And when you do that marketing strategy and we spend millions doing it.  When you spend millions what you want is people to recognize a particular town that they know where to go geographically.  Because when you are regional you are not looking at a specific your looking at oh, that’s in Tulsa.  So our initial marketing strategy was to use Tulsa as the icon because people know where it is.  Now the benefit ultimately, although you don’t have the name the economic benefit is to Catoosa.  Tulsa does not really benefit from this.  They do to some extent.  But really the dollars come here.  So the marketing strategy has to be not one of pride in name but pride in results. The results are people come here and spend tax dollars in the businesses.  It is evidenced by a couple of factors, one the over 15% annual increase in sales tax revenue in Catoosa.  I mean that is a statistic that is a fact. Advalorum tax I’m sure is going up as a result of our two hundred million dollar expansion and all the development that is going on. So I understand your issue but at the same time we have to get people here.  So what we would say is that the City of Catoosa is benefiting.  There here and when they get here they know where we are.  They know they are in Catoosa.  And what we are working on is potentially putting a welcome to Catoosa Project on the corner.  That hasn’t been solidified but as we buy Speedy’s and we demolished it that would be a great opportunity to say welcome to Catoosa. It really would.  But I can’t tell you what those plans are because we are still developing them.  But we are interested helping the community and doing what we can.  And we will do whatever we can that makes good business sense to do that.  I mean I know it does not satisfy your question but I hope it helps you understand some of the strategy. 

 

Penny Chambers, Council Member:  It does to a certain extent.  But why would you not want to include Catoosa Chamber of Commerce in with your civic organizations?  

 

David Stewart, CNE: Well we should.  That must be a misprint because if you will look at our dedication and Mary Ann is here and we pay her salary.  And I know she spends a lot of time with your civic organizations. She comes back and says we need money for this and we need money for that.  And you what?  We generally do it.  So that’s just a misprint.  But the fact is we allow her to spend her personal time helping the City in a lot of organizations.  And we do it with a lot of other people.  So I think if you will look at the facts you will see unequivocally that we are dedicated to resources to make sure that the Catoosa Chamber is supported and the City of Catoosa is supported.  So we will try to list that.  I’m sorry it is not listed. 

 

Jeff Mullins/Waffle House: As I understand this meeting the Cherokee Nation donates $10,000,000.00 a year or to this project for the Department of Transportation and they meet with them regularly, but yet they have no influence on something that is going to affect the tax paying businesses of this community.  And since they are willing to donate that much money and they are also willing to meet with the Department of Transportation, maybe they would be willing contingent on this piece of property that we are considering selling to another sovereign nation maybe they would help reimburse the City for their own traffic engineer to try to investigate to see if that is really true.  To see if there is not another answer to this problem several of the businesses are facing.

 

David Stewart, CNE:  I appreciate the concern, but again I will say the Bentom Group is very well qualified and believe me they would not have done that unless it was absolutely necessary. It’s really a result of the magnitude of the number of lanes and that is my understanding.  And again I am not an engineer and I won’t perceive to say what the facts are.  And if ODOT will change it that is fine.  But we will not give dollars to violate traffic count and good traffic flow to the City.  I mean I just don’t think that is good business practice.  I mean they won’t do it.  They will not build something that violates good traffic flow. It doesn’t matter how much money you give them.  They can’t do it legally.  I would say they would do everything in their power and we will  do everything in our power to do that but there will be constraints and we have to live within those constraints.

 

CNE Engineer:  I want to add one thing.  Our charge to our engineer on the land that we have to go over was what do we have to do to take care of these businesses and this is the solution he came up with including a different road to the Smoke Shop. So we did ask our traffic engineer to look at what we know we have to go over and do the best we possibly could for the businesses. I can’t say we have a lot of control over ODOT but we do have a lot of control over our property. 

 

David Stewart, CNE:  And that was a separate engineer outside the architect that specializes in that we paid to come up with that recommendation. And they recommended we build another road not use the existing road.  And we are going to do that. We are going to take his recommendation.  So I think we have done everything in our power to do the right thing in that respect. 

 

Sandy Myers, Council Member: I would still like to see us aggressively approach ODOT in coming up with some optional design for that area. I mean we can only do what we can do but I think we need to make an aggressive show that this is not what is beneficial to us and then I guess what they do they do but it’s not going to be because we laid down.

 

David Stewart, CNE:  Well I think we should get ODOT in presence with the Mayor and whoever wants to be there and let you discuss that and talk about it. And whatever ODOT results that’s.  I mean we did not influence ODOT.

 

Sandy Myers, Council Member: But you might have some additional influence in having them look at some other options possibly. And I think that is all we can ask for.

 

David Stewart, CNE: I’ve already made that commitment and I will make it ten times but it will be the same commitment. 

 

Kris Fullerton/McDonalds: Could I get some clarification on your drawing where Cameron Street is.  As of the 16th the information from ODOT shows a positive median barrier from ramps C to Cameron Street.   Could you show me where Cameron

Street is.  You had talked earlier about a cut being at Pizza Hut and I’m just wondering where Cameron Street is.

David Stewart, CNE: Whatever the existing cut is between Pizza Hut and Paulines.  And we would not change that. And across the street is Cameron Street. 

 

Mayor Lamkin:  Does anyone else have in further questions of Mr. Stewart or comments to the council?

 

Linda Paylor, Council Member:  When ODOT was here it was Phase I and Phase II.  Phase I was like set in stone and we couldn’t do anything about it.  Is that where they are going to widen 193rd Street?

 

Mayor Lamkin:  In Phase I.  Currently it is scheduled for 2011 but you are trying to get it moved up to 2009.

 

David Stewart, CNE:  Yes, we are trying to get it to 2009 provided we get this worked out and we are moving forward aggressively.  We would try to get that to 2009.

 

Mayor Lamkin:  I was told today at an INCOG meeting that Phase II which would do away with the Highway 66 ramp is no even funded and it is probably not going to even get started until ten or fifteen years from now, but who knows.  We still have time to develop out east before that happens and require new counts. 

 

David Stewart, CNE:  I agree I think you have time to look at that and revaluate and visit with ODOT about that issue.

 

Linda Paylor, Council Member:  Well I think we need ODOT here again.

 

Mike Appel, Vice Mayor: I would just like to say this meeting is coming back with a lot better temperament that the last one.  You know we realize the Cherokee Nation is not going anywhere and they are going to be here.  And how to work with them has been interesting. Scenario, I actually wish we could keep the road.  I don’t know what to do.  They need the area.  They are coming to the table with something whether it is enough or not.  I just have a little problem with vacating a piece of property. 

 

Sandy Myers, Council Member:  Is vacating the right word? 

 

Mayor Lamkin:  Yes.

 

Sandy Myers, Council Member:  When you vacate it would that be---it’s not like selling it or would that be the same thing vacating it and selling it?

 

David Stewart, CNE: If I could comment, I think the principle here, the principle of giving up the 500ft is really, the fundamental traffic flow is the same.  So we are putting back into the project tow different road configurations to replace the 500ft.  We’re putting in another road that goes east to west.  So you are getting that back.  So you are in the same traffic flow position although your title might change from a governmental stand point you would have the same benefit to your constituents.  In addition you have another road north to south that is improved which you will not have to maintain and decrease your future cost.  So I think although title is transferred you have fundamentally a better scenario provided to your residents and citizens than you had previously. Plus you have the benefit of the people that will come to the casino and the expansion and that event center which will overwhelmingly increase whether it be the 400 jobs that we add into Catoosa.  I don’t know how many of those would live in Catoosa. But also when they and people come in and they stop and get gas and they do what ever, they are going to spend money in Catoosa.  So I think when we look at what we give up and what we take we have to fundamentally look at the basket and see where you end up with you citizens.  We look at it that way because we would never present a proposal that we didn’t fell like we were being  quit-pro-quo or equal to the community.  We feel like this is definitely a plus to the community because we are able to build One hundred and twenty-five million dollar facility that will bring a lot of people to the area.

 

Mayor Lamkin:  Well I can say to the audience and everybody here initially I had hoped that your new expansion or a part of it was going to be outside of your trust property mainly the Toby Keith’s.  And obviously you are not going to build it outside your trust property.  That’s pretty much a given.  I was looking forward to quite a bit of sales tax off of that and I know you and I bantered back and forth figures and you think I’m too high and I think you’re too low. Be as that is, if you don’t get to build it within your trust property, you are not going to build it at all.  Is that correct?

 

David Stewart, CNE: Well we would certainly go back to the drawing board. If the City is not interested in doing this we would certainly go back and figure out what we should do. 

 

Mayor Lamkin:  And that is what I was getting at.  And to be a good neighbor all we are doing is not getting money offered to us in exchange for 500ft which in my opinion we are not going to get anymore out of CNE anyway.  So for whatever it is worth I think Mr. Stewart has present something for us to think about seriously here as a fair value of 500ft.  I guess by stopping them as jour neighbor from doing their proposed expansion we’re not going to benefit because their not going to build it outside the trust property anyway. 

 

Cathie Langston, Council Member:  I would like to see a little bit more on the table for an offer.

 

Cindy Robson, Investcom:  (Note- Ms Robson did not go to the microphone.  Some of her comments were inaudible.)

I have got to ask one question David.  Are you going to stand right here and tell these people that if they don’t let you vacate the street --------inaudible.   Are you going to stand there and tell me if that don’t let you do reverse condemnation on their property and vacate all their incomes you are going to take out the stop light and keep people from coming to our side of the road and that you aren’t going to build a Toby Keith’s and expand the casino. That you can’t do your project is that just what you and Rita were talking about? 

 

David Stewart, CNE: No, I’m not going to get into business strategy should this decision be made. That would be our business decision and I would let the City make their decision independent of that.  I don’t want to get into what we would do afterward. I think what we have presented is some good fundamental issues, some good community issues.  We are trying to be a good community partner and we would encourage the City to seriously consider it. I don’t think it is right for us to say what we would do if you don’t approve this. That’s just not good business.  And I will not have any part of that. So I think that is fair, counselor if you agree that should not really be a part of that discussion.  That is certainly not the way I do business. 

 

Cindy Robson, Investcom:  Well I think Rita thinks you are just not going to do it if they don’t let you close down the road.   I understand you’re reasoning why you are wanting to do that.  But basically you got a bunch of people that you’re telling and she thinks you are not going to do it if that happens.  And I really do know what the sales tax volumes are on all this stuff that would be here if it is not in trust.  Inaudible-------and federally you are not going to be changed and I think for us to mislead any of these people that want federal money and -----inaudible---is just –inaudible--- because it can’t happen.  You would have to go to district court and vacate every bit of that unless you have got a lot more pull with the federal government than ODOT and everybody else.

 

David Stewart, CNE: Well I don’t understand your point. What was your point? 

 

Cindy Robson, Investcom:  My point is what you are trying to do will be an adverse condemnation action on McDonalds and Waffle House and that they should be duly compensated if they are going to be condemned down.  And then on our property if you are going to put up the medians and we can’t get back and forth to our property and we have always done our business ---inaudible--- that there would be a street light at Cameron Street which is the east side of Timbercrest.

David Stewart, CNE: Well that is pretty m-----inaudible. We don’t do business that way and I won’t even have the discussion.

Mayor Lamkin:  Well I would say that nothing he is proposing here is a condemnation suit or action against McDonalds or the Waffle House.

 

David Stewart, CNE: Absolutely not.

 

Mayor Lamkin:  Anyone that looks at the diagram can see that Timbercrest is going to remain open to give those businesses access.  Who is doing the bad deed is ODOT.  And we have Mr. Stewart’s commitment here to assist us both in Phase I and Phase II.  Maybe the dollars he that he has offered tonight you knowing about federal subsidies and stuff like that  Cathie maybe you’ve got a point I don’t know.  I just see that an eight to nine hundred thousand dollar road, one fourth of it is worth so much and offering seventy-eight  plus whatever thousand a year will eventually pay for our investment, our asset in the road.  So I guess we can’t just stand here and stare at each other all night long.  We need some questions, discussion or somebody who feels strongly one way or the other to make a motion. 

 

David Stewart, CNE: We are looking for approval to vacate the 500ft of Timbercrest Circle as we delineated on the hand out in exchange for the $7,200.00 per month for the next period of time at which the compact runs out which will be at least ten years maybe twelve, continue in addition the road plan that we have showed you on those diagrams we will complete the access for the local businesses as depicted.  It will be built to standard and approved pursuant to the traffic study.  And we would continue to work with the City in the efforts to improve the road layout and the median layout as prepared by the Bentam Group as published and another endeavor that the City might feel like we need to be a community partner.  I mean I don’t know how much more I can depict our willingness to be a partner with the City despite some of the allegations that we’ve done and all the monies that we have contributed to Rogers County in fact and not questionable. And they have not been by any agreement that we have violated or proposed that we violated and it doesn’t mean you have to get an agreement from us because we done it voluntarily.  But we would request that we continue our project expeditiously as possible we can if we get this approved tonight so that we can create the jobs, create the wealth and get this project moving and get Catoosa moving. That would be our proposal.

 

Sandy Myers, Council Member: I’m not sure how to make a motion without a contract. 

 

Cathie Langston, Council Member:  I would like to see a contract first.  Is this your best offer?

 

David Stewart, CNE: That’s my best offer.  And I can tell you that this is done customarily in city council meetings so that the business can operate.  And the contractual provisions are subject to council and approval from a legal stand point.  Fundamentally that I think that’s what we are going to do.  We are going to work expeditiously with the council.  And I think Mayor, Counselor if you could ---inaudible--on that issue.

 

Tim Studebaker, City Attorney:  Even if the council approves this agenda item it is still going to be contingent basically. It is still not a deal until everybody signs off on the contract.

 

Penny Chambers, Council Member:  So it is not official until we approve the contract?

 

Tim Studebaker, City Attorney:  Yes. It’s just been approved by the city council so that we can go forward.  But we still have to have all the contracts and legal documents in place. This exchange doesn’t happen because you vote on it.

 

Jeff  Mullins, Waffle House:  Could we also make sure that ---inaudible--.  (Mr. Mullins did not come to the microphone)

 

Mayor Lamkin:  No, I don’t think anybody here would entertain that.

 

Sandy Myers, Council Member: Before that corner it actually closed, you would reconstruct that east-west road through the parking lot?

 

David Stewart, CNE:  Yes. 

 

Jeff Mullins, Waffle House: --Inaudible—did not come to the microphone.

 

David Stewart, CNE:  Yes there is actually a phasing.  This particular area here we would immediately do. Step one is to make sure this and this goes. At the same time we would be building this.  So, O.K. there would be an interium time where we start construction into here and I would say it is only sixty days or so.  I mean it would not be very long.

 

Sandy Myers, Council Member: So you are saying that corner would be closed off before the other roads were completed.

 

David Stewart, CNE: No, absolutely not.

 

Sandy Myers, Council Member: That is what I was trying to clarify.

 

David Stewart, CNE: Absolutely not.  If they need this road first that would allow this then we would complete this one.  But there would definitely be a traffic pattern identified control done before we done anything.  That is a major commitment.  We would not do that.  You have to remember we are not going to do anything to hurt your  businesses  that we can control.  We are going to do what we can to help that.  So, I mean that is my commitment.  That is the way I do business and if you talk to anybody around you will find that is what we do. 

 

Mike Appel, Vice Mayor: That sign that you have a kind of misleading sign, big red sign about the road being closed through there? Until we get this cross road done and what have you, if that is what the council wishes to approve, can we get that out of there?

David Stewart, CNE: Yes.  Well we need to make sure Waffle House is identified as open if we redirect.  So we will be sure and look at that.  I agree, we don’t want to deter people from going down there.  We can do that.

 

Mechelle Smith:  Last time you were here you said that your redesign of the Toby Keith’s, the CivicCenter and the EventCenter was done two years ago. And then you just came here two weeks ago and asked for us to do this road.  If you have known about this change for two years, why have you not come here before now?

 

David Stewart, CNE: No, we didn’t know about the Event center coming out to the east.  That was a very recent change and that is when I said I would have to go and get this approved.  We started the process two years ago.

 

Linda Paylor, Council Member:  Mr. Stewart we’ve got math all over here.  Tell us again about the $78,000.00.

 

David Stewart, CNE:  It’s actually $7,200.00 something times twelve.

 

Linda Paylor, Council Member:  That would be approximately $86,000.00.  Then you are going to double that, right? 

 

David Stewart, CNE: Yes.

 

Cathie Langston, Council Member:  So we are talking $173,000.00?

 

Mike Appel, Vice Mayor:  What you are really looking at is an additional $86,000.00.

 

David Stewart, CNE: Plus I made the commitment earlier on the $40,000.00.  A one time commitment.  So that would be a part of the resolution.  If that got the deal done.

 

Cathie Langston, Council Member:  Well to lighten the mood, how about a big red fire truck with a ladder?

 

David Stewart, CNE: Well the last time I looked we didn’t have any of those.

 

Mike Appel, Vice Mayor: We could put you in contact with someone that  does.

 

David Stewart, CNE: Oh really, you just happen to know someone that has one.

 

Mayor Lamkin:  O.K. is there any further discussion.  I am ready to make a motion.

 

Mike Appel, Vice Mayor: We need to get along if we can.

 

Mayor Lamkin:  The item one as posted is a little problematic as I have been discussing with the City Attorney.  But I am thinking this will work.  If not, someone can challenge us.

 

David Stewart, CNE:  Than you very much council and I think you will see that Cherokee Nation and CNE is a very good partner. We will make sure of that.  And we will work with the City Counselor to work up the agreements.  Thank you very much.

 

A motion was made by Mayor Rita Lamkin to deny the temporary vacating of Timbercrest Circle west of North 193rd East Avenue, but to authorize the City Attorney to draft a contract with Cherokee Nation Enterprises (hereinafter referred to as CNE) to vacate a portion of Timbercrest Circle which is the Southwest Corner as identified by the exhibit “A” that was presented to the City Council tonight by CNE of Timbercrest Circle in exchange for the amount of $7,218.06 X 12 months annually and also in exchange for CNE’s commitment to cooperate with discussions with the Oklahoma Department of Transportation to change the design of 193rd East Avenue regarding an optional design of the center medians and for continued cooperation with the Phase II of the I-44/SH66 Exchange modification.

 

The motion was amended by Vice-Mayor Mike Appel to include an initial $40,000.00 one time commitment.  The amendment was accepted by Mayor Lamkin.  A second amendment was made by Council Member, Sandy Myers to include the addition of the public access to the new roads being built as per Exhibit “A”.  The amendment was accepted by Mayor Lamkin.

 

This motion with amendments one and two was seconded by Sandy Myers.  The motion passed with the following votes: Penny Chambers-aye-; Sandy Myers-aye-; Linda Paylor-aye; Cathie Langston-nay-; Vice Mayor, Mike Appel-aye-; Mayor Rita Lamkin-aye.

 

Item #2:  Discussion, consideration and possible action to conditionally approve, as recommended by the Planning Commission, a waiver of the preliminary platting requirements of the Catoosa Subdivision Regulations (Section 1.9) for the Preliminary Plat of the Shops at the Gathering, Kathleen Church, P.E. of Cook and Associates, Applicant and Investcom LLC, Owner. The development includes an area of approximately 22 acres.  The subject site is located near the southeast corner of Cherokee Street and SH-167/193rd East Avenue.  (Jim Hodges/Irving Frank City Planner/INCOG)   (See Enclosures)

 

A motion was made by Mike Appel and seconded by Sandy Myers to conditionally approve, as recommended by the Planning Commission, a waiver of the preliminary platting requirements of the Catoosa Subdivision Regulations (Section 1.9) for the Preliminary Plat of the Shops at the Gathering.  The development includes an area of approximately 22 acres. The subject site is located near the southeast corner of Cherokee Street and SH-167/193rd East Avenue. All of this is subject to the staff and Planning Commission’s recommendations per the document we were given which stipulates the six (6) stipulations plus the additional note about being sure that our building and zoning inspector has a copy of all these proceedings so that they do not issue any permits until they are certain these conditions have been met as determined by the Mayor. The motion passed with the following votes:  Penny Chambers-aye-; Sandy Myers-aye-; Linda Paylor-aye; Cathie Langston-aye-; Vice Mayor, Mike Appel-aye-; Mayor Rita Lamkin-aye.

Item #3:  Discussion, consideration and possible action to conditionally approve, as recommended by the Planning Commission, CLS-2007-1 Kathleen Church, P.E. of Cook and Associates Engineering, Applicant and Investcom LLC, Owner.  The request is for a Waiver of the Platting Requirements of the Catoosa Subdivision Regulations (Section 1.9) for a portion of The Shops at the Gathering.  The subject site contains approximately 2.90 acres and is located at the southeast corner of Cherokee Street and SH-167/193rd East Avenue.  (Jim Hodges/Irving Frank City Planner/INCOG) (See Enclosures)

 

A motion was made by Mike Appel and seconded by Linda Paylor to conditionally approve, as recommended by the Planning Commission, CLS-2007-1 Kathleen Church, P.E. of Cook and Associates Engineering, Applicant and Investcom LLC, Owner.  The request is for a Waiver of the Platting Requirements of the Catoosa Subdivision Regulations (Section 1.9) for a portion of.  The subject site contains approximately 2.90 acres and is located at the southeast corner of Cherokee Street and SH-167/193rd East Avenue subject to the conditions set forth in the document from staff and Planning Commission of the six (6) items that are the conditions and there again being sure that staff gets a copy to our building and zoning inspector and that all those conditions are approved by the Mayor prior to issuance of a building permit.  The motion passed with the following votes: Penny Chambers-aye-; Sandy Myers-aye-; Linda Paylor-aye; Cathie Langston-aye-; Vice Mayor, Mike Appel-aye-; Mayor Rita Lamkin-aye

 

Item #4:  Discussion, consideration and possible action to conditionally approve, as recommended by the Planning Commission CLS-2007-2, Kathleen Church, P.E. of Cook and Associates, Applicant and Investcom LLC, Owner. The request is for a waiver of the Platting Requirements of the Catoosa Subdivision Regulations (Section 1.9) for a portion of The Shops at the Gathering.  The subject site contains approximately 2.17 acres and is located near the southeast corner of Cherokee Street and SH-167/193rd East Avenue.

 

A motion was made by Mike Appel and seconded by Cathie Langston to conditionally approve, as recommended by the Planning Commission CLS-2007-2, Kathleen Church, P.E. of Cook and Associates, Applicant and Investom LLC, Owner.  The request is for a waiver of the Platting Requirements of the Catoosa Subdivision Regulations (Section 1.9) for a portion of The Shops at the Gathering.  The subject site contains approximately 2.17 acres and is located near the southeast corner of Cherokee Street and SH-167/193rd East Avenue. Subject to the requirements set by staff and the Planning Commission a total of six (6) conditions plus a copy being given to the building and zoning inspector and that all those conditions are approved by the Mayor  prior to the issuance of a building permit.   The motion passed with the following votes:  Penny Chambers-aye-; Sandy Myers-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 and the expenditure or the demolition of property described as: Lot-7, Block-31, Catoosa OT, City of Catoosa, and more commonly known as:  310 S. Delaware, Catoosa,Oklahoma74015. (Brenny Dunlap, Code Enforcement/Bldg. Insp.)(See Enclosures)  (2 Quotes Enclosed)

 

This item was stricken from the agenda as moot.

 

Item #6:  Discussion, consideration and possible action to approve or disapprove renewing the service agreement contract for the period from 10/01/2007 to 09/30/2008  in the amount of $1,323.00 with Motorola, Inc. for the following Police Department equipment:  (1) MCOR Base Station, (1) Consolette Station and (1) CRT Console.   (Chief Raymond Rodgers)  (See Enclosure)

 

A motion was made by Sandy Myers and seconded by Penny Chambers  to approve renewing the service agreement contract for the period from 10/01/2007 to 09/30/2008  in the amount of $1,323.00 with Motorola, Inc. for the following Police Department equipment:  (1) MCOR Base Station, (1) Consolette Station and (1) CRT Console.  The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Mike Appel-aye; Mayor Rita Lamkin-aye.

 

Item #7:  Discussion, consideration and possible action to approve or disapprove purchasing two (2) Motorola XLT 5000 W5 digital car radios at $3,600.00 each for a total amount of $7,200.00 to be paid from the Police Department Training and Operations Account.  (Chief Raymond Rodgers)  ( See Enclosure)

 

A motion was made by Vice Mayor, Mike Appel and seconded by Linda Paylor to approve purchasing two (2) Motorola XLT 5000 W5 digital car radios at $3,600.00 each for a total amount of $7,200.00 to be paid from the Police Department Training and Operations Account.  The motion passed with the following votes:  Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Mike Appel-aye; Mayor Rita Lamkin-aye.

 

Item #8:  Discussion, consideration and possible action to approve or disapprove purchasing one (1) Tomar (low profile) LED light bar in the amount of $1,700.00 to be paid from the Police Department Training and Operations Account.  (Chief Raymond Rodgers)  (See Enclosure)

A motion was made by Vice Mayor, Mike Appel and seconded  by Sandy Myers to approve purchasing one (1) Tomar (low profile) LED light bar in the amount of $1,700.00 to be paid from the Police Department Training and Operations Account.  The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Mike Appel-aye; Mayor Rita Lamkin-aye.

 

Item #9:  Discussion, consideration and possible action to approve or disapprove giving Public Service Company of Oklahoma an easement at GazeboPark, for an underground power line.  The line would run from the highway side transformer pole to the existing meter box located on Cherokee Street.  This item, if approved would be contingent on the document approval of PSO and the City Attorney, Tim Studebaker.  (Vice-Mayor, Mike Appel)

 

A motion was made by Vice Mayor, Mike Appel and seconded by Cathie Langston to approve giving Public Service Company of Oklahoma an easement at GazeboPark, for an underground power line.  The line would run from the highway side transformer pole to the existing meter box located on Cherokee Street.  This item, if approved would be contingent on the document approval of PSO and the City Attorney, Tim Studebaker.  The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Mike Appel-aye; Mayor Rita Lamkin-aye.

 

New BusinessNone

 

Adjourn:  There being no further business to come before the City Council; a motion was made by Penny Chambers and seconded by Linda Paylor to adjourn.  The motion passed with the following votes: Penny Chambers-aye; Sandy Myers-aye; Linda Paylor-aye; Cathie Langston-aye; Vice Mayor, Mike Appel-aye; Mayor Rita Lamkin-aye.

 

 

 

Approved on this _____ day of _____________, 2007.

 

______________________________                   ________________________________

Judy Scullawl, City Clerk                                      Rita Lamkin, Mayor

 

www.cityofcatoosa.org is property of City of Catoosa. All Rights reserved. ©2006.
This site was generated and designed by Lisa Richards  ©2006.