EDMOND CITY COUNCIL MINUTES. April 10, 2000

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1 EDMOND CITY COUNCIL MINUTES April 10, 2000 Mayor Bob Rudkin called the regular meeting of the Edmond City Council to order at 5:30 p.m., Monday, April 10, 2000, in the City Council Chambers. 2. Approval of Minutes. Motion by Huggins, seconded by Moore, to approve Minutes of the March 27, 2000, City Council meeting. Motion carried as follows: 3. City Council Presentations: A. Presentation of proclamation observing April 28-May 1, 2000, as VIETNAM WALL EXPERIENCE IN EDMOND. B. Presentation of proclamation observing April as ARTS AND HUMANITIES MONTH in the City of Edmond. C. Presentation of recognition of employment milestones for City employees and recognition for five-year City Council members. 4. GENERAL CONSENT ITEMS: (General Consent Items were voted on collectively except where noted.) A. Approval of Administrative Items: Mayor Rudkin temporarily left the City Council Chambers and Mayor Pro Tem Moore presided over the meeting. 1) Approval of electric easement from Barbara Matthews to serve 601 S. Kelly. Motion by Knox, seconded by Rice, to approve General Consent Item 4.A.(1). Motion carried as follows: Mayor Pro Tem Moore, Councilmembers Rice, Knox and Huggins Mayor Rudkin returned to the City Council Chambers. 2) Approval of Resolution No granting CoxCom., Inc., dba Cox Communications, a revocable permit to

2 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE 123 operate a cable television system within the City of Edmond, Oklahoma, for a period not to exceed one year. Ronnie Williams requested an explanation of this item. Steve Murdock, City Attorney, addressed Council and stated the current agreement with Multimedia Cablevision expires May 1, He stated staff has been in negotiations with Multimedia Cablevision for some time regarding new terms and agreements for a new revocable permit or non exclusive franchise. In the meantime, Cox Communications purchased Multimedia and staff felt it would be prudent to extend the contract for another year to allow the attorney s office and Cox Communications to work out any details or changes prior to submittal of any changes to the voters. Motion by Moore, seconded by Rice, to approve General Consent Items 4.A.(2). Motion carried as follows: 3) Approval of Change Order No. 4 with The CEDRA Corporation for water/sewer data conversion project. 4) Approval of water rights purchase agreement with Edmond Public Schools. 5) Approval of transfer of appropriations - Street Department - $69,000 6) Acceptance of construction permits from the Oklahoma Department of Environmental Quality for water line to serve the City of Edmond. 7) Acceptance of construction permits from the Oklahoma Department of Environmental Quality for sanitary sewer line to serve the City of Edmond. 8) Approval of amendment to the engineering services contract with Johnson and Associates, Inc., for the Danforth widening, from Chowning to Bryant. 9) Approval of Employee s Retirement Plan Investment Policy Statement. B. Approval of Purchases: 1) Approval of bid disposition by the Purchasing Manager.

3 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE 124 Motion by Moore, seconded by Rice, to approve General Consent Items 4.A.(3-9) and 4.B.(1). Motion carried as follows: 5. Approval of Claims. General Fund $623, Supplemental Fund 101, Senior Center Liability Tort Claim Fund 74, CDBG Entitlement Fund 8, Local Law Enforcement Block Grant Asset Forfeiture Fund 4, Mitch Park Tax Fund 7, Capital Improvement Fund 14, Capital Improvement Tax Fund 194, Employee Group Insurance Fund 273, Vehicle Maintenance Fund 18, Administrative Support Services Fund 114, Fleet Management Fund 176, Payroll Ending Mar. 17, , Admin. Support Serv. Ending Mar. 17, , CDBG Payroll Ending Mar. 17, , Mitch Park Tax Fund Ending Mar. 17, , Vehicle Maint. Fund Ending Mar. 17, , Liability/Tort Fund Ending Mar. 17, , Est. Payroll Ending Apr. 14, , Est. Admin. Support Serv. Ending Apr. 14, , Est. CDBG Payroll Ending Apr. 14, , Est. Mitch Park Tax Fund Ending Apr. 14, , Est. Vehicle Maint. Fund Ending Apr. 14, , Est. Liability/Tort Fund Ending Apr. 14, , Motion by Rice, seconded by Knox, to approve Claims. Motion carried as follows: Motion by Rice, seconded by Knox, to recess the City Council meeting in order to convene the Edmond Public Works Authority meeting. Motion carried as follows:

4 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE PLANNING CONSENT ITEMS: A. Public Hearing and Consideration of drilling/operations permit for one oil/gas well, Ethel Tuton-1, located 380 feet north of 15 th Street and 2,312 feet east of Post Road (Pedestal Oil Company, applicant). B. Public Hearing and Consideration of Ordinance No rezoning from D-2 Neighborhood Commercial District to E-1 General Commercial District, located on the west side of Bryant, south of ChappelWood Financial Services (Harry Moore Trust, applicant). Victoria Woods, President of ChappelWood Financial Services, addressed Council in opposition. Ms. Woods requested the property not be rezoned until the proposed use for the property has been identified. Randel Shadid, attorney representing the applicant, addressed council and stated they do not have a proposed use for the property at this time. Motion by Rice, seconded by Moore, to approve Ordinance No as read by title by City Planner. Motion carried as follows: Mayor Rudkin, Councilmembers Knox, Huggins and Moore Councilmember Rice Councilmember Rice temporarily left the City Council Chambers. C. Public Hearing and Consideration of Ordinance No rezoning from G-A General Agricultural District to R-1 Rural Estate District on 28 acres located east of Midwest Boulevard, one-fourth mile north of Covell Road (Randel Shadid, representing Tangle Vine Addition, applicant). Motion by Moore, seconded by Knox, to approve Planning Consent Items 10.C. Motion carried as follows: Mayor Rudkin, Councilmembers Knox, Huggins and Moore Councilmember Rice returned to the City Council Chambers. D. Public Hearing and Consideration of request for extension of the Planned Unit Development (PUD) known as Copper Lake Retirement Village, located south of 15 th Street and west of Kelly (Deaconess Hospital, applicant).

5 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE 126 E. Public Hearing and Consideration of Ordinance No amending the Edmond Municipal Code, Chapters 22.29B, 22.29C, 22.29D, 22.26, and of Title 22, to add fees for notices to property owners and legal notice and declaring an emergency. Motion by Rice, seconded by Knox, to attach Emergency Clause to Ordinance No Motion carried as follows and Ordinance No is in effect immediately: F. Public Hearing and Consideration of Site Plan approval for a new building, located at 2512 S. Kelly (Time, Tool and Equipment Rental, applicant). Terry Kerr, architect for the applicant, addressed Council and presented a color rendering of the project. Motion by Rice, seconded by Moore, to approve Planning Consent Items 10.F. Motion carried as follows: G. Public Hearing and Consideration of Special Use Permit for an outdoor recreational use, located south of Covell Road, east of Covell Lane (Cara Fuzzell, representing The Barnyard, applicant). Motion by Moore, seconded by Knox, to approve Planning Consent Items 10.A.D.E. and G. Motion carried as follows: H. Public Hearing and Consideration of request to reconsider requirement to remove communication equipment for an existing tower, located at 2625 South I-35 (Dr. J. Mike Johnston, representing Equine Medical Associates, Inc., applicant). Mayor Rudkin stated this item has been continued until April 24, I. Public Hearing and Consideration of Final Plat of Dooley Farms Office Park, located on the north side of W. Edmond Road, approximately one-half mile west of Kelly (Garland Bell, applicant). The drainage/detention area will be

6 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE 127 constructed off-site from the plat adjacent to Lots 1, 3 and 4, Block 1 and the owner will grant a drainage easement by separate instrument. The commercial detention area for this plat may be eliminated once the drainage for the entire development is designed. Ronnie Williams, representing the Edmond Neighborhood Alliance, addressed Council and stated there is a possibility that the detention pond will be expanded into a regional detention pond at a later date. Mr. Williams requested if a regional detention pond is developed, that the maintenance costs be shared proportionately with homeowners since the facility would primarily be used to service a commercial property. Bryan Coon, Coon Engineering, addressed Council and stated if a regional pond is established, it would be located west of the proposed pond site and he did not see a reason for future homeowners to be concerned about maintenance of the facility. Dennis Box, attorney representing the applicant, addressed Council and stated Mr. Williams is attempting to dictate how the developer is going to plan for future development of the property. He noted the detention pond maintenance requirements will be set forth in the subdivision covenants in order for future homeowners to be aware of the requirements when they purchase property. Councilmember Rice asked if the pedestrian trail would connect to the Service-Blake Soccer Complex. Mr. Coon stated the pedestrian trail would be extended to the property east of this site. He stated the trail cannot be extended all the way to the soccer complex at this time because the applicant s property ends at the creek along their property. He noted that easements will need to be obtained in the future in order to extend the trail to the soccer complex. Motion by Rice, seconded by Moore, to approve Planning Consent Item 10.I. Motion carried as follows: 11. Public Hearing and Consideration of commercial Site Plan approval for a City of Edmond transfer station, located on 32 acres north of Danforth, east of Midwest Boulevard and south of Coffee Creek Wastewater Treatment Plant (Continued from January 10, 2000, City Council meeting). Mayor Rudkin stated this item would be continued for 45 days.

7 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE Executive Session to discuss the following pending claim/litigation (Executive Session authorized pursuant to 25 Okla. Stat. Sec. 307(B)(4)): Prock vs. City of Edmond Motion by Rice, seconded by Moore, to meet in Executive Session to discuss the above pending claim. Motion carried as follows: Mayor and Councilmembers recessed to the City Council Conference Room at 6:10 p.m. and returned to the City Council Chambers at 6:11 p.m. Motion by Moore, seconded by Rice, to adjourn Executive Session. Motion carried as follows: 13. Consideration of action regarding the above pending claim/litigation. Motion by Rice, seconded by Knox, to authorize City Attorney to proceed with settlement negotiations on the above claim. Motion carried as follows: 14. NEW BUSINESS: Councilmember Rice stated he had received a compliment from a citizen regarding Councilmember Knox s presentation to the Board of Realtors about the beautification efforts in Edmond. Dan O Neil, Edmond Neighborhood Alliance, addressed Council regarding State Senate Bill 1188 and he encouraged the Council to oppose this legislation. 15. Motion by Moore, seconded by Knox, to adjourn meeting. Motion carried as follows:

8 EDMOND CITY COUNCIL MINUTES-APRIL 10, 2000 BOOK 24, PAGE 129 City Clerk Mayor