EDMOND CITY COUNCIL MINUTES

Transcription

1 EDMOND CITY COUNCIL MINUTES March 24, 2014 Mayor Charles Lamb called the regular meeting of the Edmond City Council to order at 5:30 p.m., Monday, March 24, 2014, in the City Council Chambers. The agenda for this meeting was posted in the City First Building on March 20 th at 3:49 pm. 2. Approval of March 10, 2014, Minutes. Motion by Caldwell, seconded by Massey, to approve Minutes. Motion carried as followed: Councilmembers Caldwell, Waner, Davis ABSTAIN: Mayor Lamb 3. City Council Presentations: A. Proclamation recognizing April 1, 2014, as NATIONAL SERVICE AND SENIOR VOLUNTEERS OF RSVP OF CENTRAL OKLAHOMA, INC., DAY in the City of Edmond. B. Proclamation recognizing April 13-19, 2014, as NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK in the City of Edmond. C. Proclamation recognizing March 23-29, 2014, as ARBOR WEEK in the City of Edmond. D. Presentation of Arbor Day Poster Contest winners in the City of Edmond. E. Presentation of Tree City USA and Tree Line USA awards to the City of Edmond by Mark Bays, State Urban Forester, Oklahoma Department of Agriculture, Food and Forestry. F. Presentation of the Annual E-Tree award by the Edmond Urban Forestry Commission. G. Recognition of Brian Soerensen named South Central Section PGA Professional of the Year. H. Recognition of Brad Jolliff as 2013 Superintendent of the Year finalist.

2 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE Appointments to Boards and Commissions: A. Appointment to the Central Edmond Urban District Board. Councilmember Caldwell nominated Russell Wantland for reappointment to serve a term expiring in June, B. Appointment to the Visual Arts Commission. Councilmember Waner nominated Linda Burrows for re-appointment to serve a term expiring in June, Motion by Waner, seconded by Davis, to approve Items 4.A. and 4.B. Motion carried as follows: 5. GENERAL CONSENT ITEMS: (General Consent Items were voted on collectively except where noted.) A. Approval of Administrative Items: 1) Acceptance of City Manager s Financial Report for month ending February 28, ) Acceptance of City Treasurer s Investment Reports for months ending January 31 and February, 28, ) Acceptance of donated utility easement from woodland Park, LLC, to serve Cottage Grove. 4) Acceptance of donated easement from David Lane Lambeth, located at 6101 N. Douglas Boulevard. 5) Approval of request for Right-of-Way Variance for Tuscan Park II, located on the west side of Sooner Road, one half mile north of E. 2 nd Street. 7) Acknowledge receipt of construction permits from the Oklahoma Department of Environmental Quality for the Meritage Park Addition, located on the west side of Santa Fe, one-half mile north of Danforth. 8) Approval of transfer of appropriations and approval of purchase of a Motorola Radio Diagnostic System Tool for

3 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 96 the Public Safety/Government radio system as a sole source purchase - $49,900 9) Approval of transfer of appropriations for Facility Maintenance - $6,500 10) Approval of transfer of appropriations from the City Council contingency fund (Assigned Reserve for Council Special Projects) into the Art in Public Places Fund for the purpose of acquiring the art piece Touch the Clouds in the amount of up to $90,000. Councilmember Waner temporarily left the City Council Chambers. 11) Approval of supplemental appropriations to fund building improvements at City buildings used by the Edmond Historical Society and Edmond Mobile Meals - $200,000 Motion by Caldwell, seconded by Davis, to approve General Consent Item 5.A.(11). Motion carried as follows: Mayor Lamb, Councilmembers Caldwell, Davis and Massey Councilmember Waner returned to the City Council Chambers. 12) Acceptance of public improvements and maintenance bonds for the following: a) Beaupre Development b) BancFirst c) Edmond North High School d) City of Edmond FY 2012 sanitary sewer project e) City of Edmond FY 2013 sanitary sewer project f) LA Fitness g) Mitch Park east access road h) Mitch Park west access road i) O Reilly Auto Parts j) 1317 Mockingbird Lane k) 100/102 Ashley Drive through 216/218 Ashley Drive l) 214 E. Ayers m) E-Z Mart Store n) 725 Village Parkway o) 4318 Rhode Island p) 826 W. 1 st Street

4 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 97 q) The Station Motion by Massey, seconded by Waner, to approve General Consent Items 5.A.(1-10,12). Motion carried as follows: B. Approval of Purchases: 1) Approval of Change Order No. 2 with Luckinbill, Inc. for the Cross Timbers Park Water and Sanitary Sewer project, in the decreased amount of $7,495. 2) Award of bids for median and streetscape mowing/ maintenance (including renewal options) for Community Image, in the estimated annual amount of $65,000. 3) Award of bid and approval of contract for the on-site Health Clinic remodel and Resolution No appointing Purchasing Agent for the Human Resources- Insurance Department. Purchasing Manager recommended accepting bid from Steel-Built Construction in the amount of $157,125 Motion by Waner, seconded by Caldwell, to approve General Consent Items 5.B.(1-3). Motion carried as follows: Motion by Davis, seconded by Massey, to recess the City Council meeting in order to convene the Edmond Public Works Authority meeting. Motion carried as follows: Mayor Lamb reconvened the City Council meeting. 9. PLANNING CONSENT ITEMS: A. Consideration of Final Plat of The Porches at Arbor Creek Addition, Blocks 5, 8 and 13, generally located on the east

5 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 98 side of Saints Boulevard, one-half mile north of E. 2 nd Street (Raptor Development Group, LLC, applicant) Case No. PR B. Consideration of correction of plat for Cross Timbers Southwest, located north of Covell Road, west of I-35 (Covell-35 Development, LLC, applicant). Motion by Waner, seconded by Caldwell, to approve Planning Consent Items 9.A. and 9.B. Motion carried as follows: 10. PLANNING DISCUSSION ITEMS: A. Consideration of Final Plat of Cottage-Grove, Section I Addition, generally located on the east side of Midwest Boulevard, one-eighth mile north of Covell Road (Scott McGregor, McGregor Family Trust, applicant) Case No. PR The site contains acres and 57 single family lots are proposed. The streets will be public and the addition will be served with City utilities. The right-ofway on Midwest Boulevard will be 70 feet from the centerline of the street. Planning Commission recommended approval. Motion by Waner, seconded by Caldwell, to approve Planning Consent Item 10.A. Motion carried as follows: B. Public Hearing and Consideration of Ordinance No amending the Edmond Plan from Suburban Office to Restricted Retail Commercial, located on the southeast corner of Covell Road and Broadway (S&L, LLC, applicant) Case No. Z The site contains 1.9 acres with the Rock Hollow Addition located to the east and southeast along Glen Hollow Drive. The Mon Abi senior housing development is under construction to the south of this property. The frontage along Covell Road is feet and there is feet along Broadway. A drive on Covell Road will not comply with the Transportation Plan standards as it is too close to the intersection for a driveway. The existing drive approach on Glen Hollow Drive is not a through drive and will not be

6 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 99 used. A convenience store is planned on the northwest corner of Covell and Broadway which is zoned D-1 Restricted Commercial and the southwest corner is also zoned D-1. Planning Commission recommended approval. Randel Shadid, attorney representing the applicant, addressed Council and stated when Broadway was widened several years ago, the property was split in half. He stated the applicant is aware that a drive onto Broadway will be required to be right-in/right-out only and if access is granted on Covell Road, a variance to the driveway separation would be required and it too would be rightin/right-out. Mr. Shadid stated a sight-proof fence would be installed along the south side of the property and along the east if desired by the current residents. He noted this area is developing rapidly and the property on the northwest corner is already approved for a convenience store and the L-shaped property next to it will also be developed as commercial. Mr. Shadid noted if the application is approved, any future commercial development would cater to the existing neighborhoods with fairly benign uses. Walter Jenny, representing the Edmond Neighborhood Alliance, addressed Council in opposition. He noted the residents along Glen Hollow Drive moved into their homes with the expectation that the site would be developed for office use. He noted the property west of Broadway abuts the railroad tracks and is significantly different from the property along the east. He stated the residents are also concerned with a potential access on Covell Road and felt the frontage was not adequate for a driveway. Mr. Jenny urged Council to deny the application and retain the D-O Suburban Office zoning. Steve Manek, City Engineer, addressed Council and outlined the traffic issues with the site. He stated when Broadway was widened, a long right-turn lane was installed with the future development of this site in mind. He stated access from Covell Road would not meet the access management policy of 325 feet between driveways. He noted there is not a center median on Covell Road but left turns from this development would not be encouraged. Mr. Manek stated at this time, left turns from Glen Hollow is not restricted. General discussion was held regarding traffic issues as well as other issues opposed by residents.

7 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 100 Mayor Lamb stated he was concerned that since the companion item is being submitted as straight zoning and not a PUD, Council would not review the Site Plan if the application is in compliance. Councilmember Caldwell was concerned about the inaccessibility of the site and felt office use was the highest and best use due to the ingress/egress issues, the size of the site and the close proximity of the residents to the east. Councilmember Waner agreed with Councilmember Caldwell and felt office usage was the most appropriate use for the site. She noted most of the commercial uses that are appropriate for this site are excessive trip generators which she felt presented problems with the traffic issues. She noted both Covell and Broadway have good traffic flow at this time and she wanted to retain the existing traffic patterns. Motion by Waner, seconded by Massey, to approve Ordinance No as read by title by the Mayor. Motion was denied as follows: C. Public Hearing and Consideration of Ordinance rezoning from A Single Family Dwelling District to D-1 Restricted Retail Commercial, located on the southeast corner of Covell Road and Broadway (S&L, LLC, applicant) Case No. Z This is a companion to the above item and was not considered due to the failure of that item. D. Public Hearing and Consideration of Ordinance No. rezoning from G-A General Agricultural District to R-1 Rural Estate Dwelling District, generally located on the west side of Westminster Road, south of E. 2 nd Street (Vincent White, applicant) Case No. Z The site contains 10 acres with each lot being two plus acres. An existing home will remain and two new homes are proposed. The street will be private and located along the south side of the site. No City utilities are available and there is no floodplain impacting the property. The proposed lot size is in compliance with standards for this zoning category. Planning Commission recommended approval.

8 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 101 Motion by Massey, seconded by Waner, to approve Ordinance No 3423 as read by title by the Mayor. Motion carried as follows: 11. Discussion and Consideration of variance to the reverse angle parking in front of dental office, located at 13 N. University Drive (Brad Fielding, O.D., applicant). The applicant requested this item be continued to April 14, Motion by Davis, seconded by Waner, to continue Item No. 11 as requested by the applicant. Motion carried as follows: 12. Discussion and Consideration of proposal from Covell I-35 Development, LLC, for the exchange of real property for the Hotel/Conference Center site within the northwest corner of I-35 and Covell Road; and authorizing the execution of any necessary documents related to the land exchange; including but not limited to the Hotel/Conference Center Tract Purchase Contract, Ground Lease, Development Agreement and Management Agreement. This item has been discussed several times and on February 24 th, Council indicated they were comfortable with the property exchange pending the property appraisal. The City paid $2.2 million for the original site and the appraised value for the new site is $2,225,000. Staff is prepared to move forward to adjust and execute all the documents that need to be modified to reflect the new site location. Todd McKinnis, attorney for Covell I-35 Development, addressed Council and stated the site is larger and more valuable than the original site. Motion by Caldwell, seconded by Waner, to approve exchange of real property regarding the Hotel/Conference Center. Motion carried as follows:

9 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE Discussion and Consideration of location of the Touch the Clouds bronze sculpture. On November 25, 2013, the City agreed to purchase the sculpture by Dave McGary, presently located at the Houston Astrodome, from the House Livestock Show and Rodeo for $50,000 plus additional costs for relocation and cleaning. The sculpture is scheduled for arrival in Edmond the week of April 14 th. It will be less expensive if a location is determined prior to arrival of the sculpture and can be placed at the location it will be viewed. The large size of the sculpture will require a larger boom or crane than the City has which will necessitate hiring someone to place the sculpture. Mayor Lamb stated a workshop discussing this issue was held prior to the Council meeting and several locations were discussed. He stated the final four locations which had Council support were Hafer Park, King Park, 66 Park Softball Complex where the Smith House is currently located and behind the pavilion in Bickham/Rudkin Park. General consensus of Council was to request staff evaluate each site and submit a report at the next meeting. Motion by Waner, seconded by Caldwell, to direct staff to evaluate each of the above sites and submit a report to Council for consideration of a permanent location. Motion carried as follows: 14. Discussion and Consideration of directing City staff to prepare a Memorandum of Understanding (MOU) with Orion Development for possible additional development of Arcadia Lake. This item was discussed at a February 24 th City Council Workshop with a presentation by David Jones representing Orion Development. The first phase included development of a marina, RV camp grounds and rental cabins. No formal action could be taken at that time since it was discussed at a workshop. The next meeting where all Councilmembers would be present is April 21 st. With direction from Council, staff is prepared to begin development with Mr. Jones on the creation of a MOU. David Jones addressed Council and stated development of Arcadia Lake is a joint venture between Orion Development, the City and the Corps of Engineers. He noted at this time Orion Development is attempting to obtain an agreement with the City to move forward on the project. Mr. Jones stated any MOU would be subject to approval of the City, the Corps of Engineers and Orion

10 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 103 Development. He requested a member of Council be included in the master planning and design process to be assured the final product would be agreeable to the Council. Councilmember Waner stated she was concerned about over development of the Lake. She wanted to be assured the operations of the Lake will continue to be used as a water source and recreational facility. Another concern is that the funding for the Lake not be stretched in order to provide for the additional activities. Councilmember Waner also felt the costs for any additional infrastructure requirements are shared jointly by all entities. She also identified Lake maintenance issues and maintaining the current tree cover identified as part of the Cross Timbers Remnant Forest and is a distinctive quality of Arcadia Lake. She also wanted to be assured the MOU contains a business plan and the level of contributions from each entity. Mr. Jones assured Council Orion Development was not opposed to any of the suggestions set forth by Councilmember Waner. Motion by Caldwell, seconded by Davis, to direct staff to draft the Memorandum of Understanding to include the above discussion. Motion carried as follows: 15. Discussion and Consideration of City Council recommendation regarding pending legislation of Senate Bill 1745 and House Bill Nancy Nichols, City of Edmond Lobbyist, addressed Council and outlined the two bills. She stated SB1745 would repeal the current election ethics law regarding campaign financial disclosures that would be required of municipal candidates. She noted the law would require more financial information than is currently required for municipalities with a population of 10,000 or more. The Law would give enforcement power to the Ethics Commission and also assess penalties for not reporting in a timely manner up to a maximum fine of $1,000. The Bill currently has the title stricken which means the language can be amended at any time and is a work in progress. She noted the Bill cannot be become law without the title restored and approval by both the Senate, House and Governor. Ms. Nichols stated she is working with the House of Representatives author of the Bill and has been assured that he understands the impact of the Bill on

11 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 104 municipalities. He has agreed to continue to work with her on the Bill. He stated the Bill may be amended to increase the population requirements to only include Oklahoma City and Tulsa and may also be tied to the amount of money spent on campaigns. Ms. Nichols stated the House author assured her the Bill would not pass in its current form. She stated at this time she would not encourage the Council to take a position on this Bill but only to give her direction on how they would like her to proceed. Mayor Lamb stated he was concerned that passage of the Bill would further reduce the pool of candidates who are willing to file for public office. He noted he was also concerned about the level of detail that would be required. General discussion was held and consensus of Council was to direct Ms. Nichols to indicate to the House author they are not pleased with the Bill due to the issues noted by Mayor Lamb and felt the current campaign disclosures were adequate. Ms. Nichols stated HB2620 would prohibit municipalities from enacting ordinances that would require rental property to be registered with cities. She stated the purpose of registering rental property is to allow cities to contact owners of property that becomes vacant and dilapidated in order to abate any problems. She noted the Bill has been approved by the House and is now in the Senate awaiting approval. Consensus of Council was to direct Ms. Nichols to also voice their opposition to the restriction of local control addressed in HB CITIZEN COMMENTS: Tommy Hannon, 101 Shelton Place, addressed Council and renewed his request to allow personal watercraft (PWC) to use the entire Arcadia Lake, Monday through Thursday only, and also to allow towing of a person like other watercraft. He stated this issue was considered on April 22, 2013, and at that time City staff recommended approval on a temporary basis but Council did not approve that recommendation. Rob Calger and Rick Marshall also addressed Council in support. Mayor Lamb noted this issue has been discussed in the past and protests were received from area residents as well as members of the Fish and Game Commission.

12 EDMOND CITY COUNCIL MINUTES-MARCH 24, 2014 BOOK 39, PAGE 105 Councilmember Massey stated when the issue was last discussed, staff s recommendation was to allow PWCs to use Arcadia Lake and also contained a sunset provision. He noted none of the proponents of the policy change were present at that meeting and Council did not take any action. Steve Murdock, City Attorney, addressed Council and recommended the issue be reviewed again by the Fish and Game Commission before including the request on a future Council meeting. David Jones addressed Council and congratulated the Deer Creek High School girls basketball team for winning the 5A State Championship. A citizen addressed Council and expressed her appreciation to the Council for their service. 17. NEW BUSINESS: 18. Motion by Davis, seconded by Caldwell, to adjourn meeting. Motion carried as follows: City Clerk Mayor