EDMOND CITY COUNCIL MINUTES

Transcription

1 EDMOND CITY COUNCIL MINUTES August 10, 2009 Mayor Patrice Douglas called the regular meeting of the Edmond City Council to order at 5:30 p.m., Monday, August 10, 2009, in the City Council Chambers. 2. Approval of July 27, 2009, Minutes. Motion by Miller, seconded by Lamb, to approve Minutes. Motion carried as followed: 3. City Council Presentations: A. Presentation from the Edmond Lacrosse Club to the City Council. Johnny Beach, a member of the Board of Directors, addressed Council and expressed the Club s appreciation for the Council s help and financial support. He presented a plaque to Mayor Douglas and also recognized Jim Bowlin, Director of the Parks and Recreation Department, for his assistance throughout the process. The Club presented Mr. Bowlin with a bobble head doll with his name on it. B. City Manager s Progress Report. Larry Stevens addressed Council and stated the City has submitted eight applications to the American Recovery and Reinvestment Act for stimulus funds for a variety of projects that total over $61.9 million. He noted several of the applications have already received some level of approval. Mr. Steve stated construction of the new bridge for the Covell underpass project is now complete. Once the BSNF railroad has approved the work, the tracks will be scheduled for installation across the bridge. The time frame for completion will depend on the BSNF acceptance of the bridge and reinstalling the tracks, but staff anticipates a November of December time frame. The City s 20% share will be approximately $1.37 million allocated in the 2000 Sales Tax Fund. Mr. Stevens stated the contractor is working to finish the final bridge replacement items at the intersection of 15 th Street and Coltrane. He noted the intersection should be open to traffic by the end of this month. The cost of the

2 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 2 project is $4.22 million allocated from the 2000 Sales Tax Fund and the previous Street and Alley Fund. Mr. Stevens stated the design engineers for the fourth community park and adult softball complex are completing the Park Master Plan and cost estimates for the softball complex. Staff anticipates a final draft within 30 days. The softball complex will be located in a floodplain, which is common practice, and will not impact downstream water flows. Mr. Stevens stated the last project is the overlay of Broadway, 2 nd to 33 rd Streets. He noted this is an Oklahoma Department of Transportation project and the City s costs will be limited to the traffic loop replacements. He stated the project has been delayed but staff anticipates the work will begin in the next several weeks and take approximately two weeks to complete. 4. Appointments to Boards and Commissions: A. Appointment to the Central Edmond Urban Development Board. The Downtown Edmond Business Association nominated Bryanne Wallace to serve a term expiring March, Motion by Waner, seconded by Miller, to approve General Consent Item 4.A. 5. GENERAL CONSENT ITEMS: (General Consent Items were voted on collectively except where noted.) A. Approval of Administrative Items: 1) Approval of transfer of appropriations for the Finance Department - $5,800 2) Acknowledge receipt of Oklahoma Department of Environmental Quality construction permits. 3) Acceptance of roadway easement from North Oaks Midstar, LLC, for the Kelly widening improvements, Danforth to Covell. 4) Public Hearing and Consideration of the FY 2009 Community Development Block Grant (CDBG) Action Plan to

3 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 3 be submitted to the US Department of Housing and Urban Development (HUD). B. Approval of Ordinances and Resolutions: 1) Consideration of approval of Resolution No nominating Mayor Patrice Douglas for appointment to serve as District 8 Board Member for the Oklahoma Municipal League (OML). C. Approval of Purchases: 1) Approval of contract with Francis Tuttle Technology Center for onsite facilitation services for management planning meetings and as needed computer training for FY 2009/10 as a sole source supplier. 2) Award of bid for rubber goods testing and inspection for the YourGovShop member participants. Purchasing Manager recommended accepting bid from Stuart C. Irby Co. 3) Consideration of approval of agreement with ICMA Consulting Services for a study of the Police Department (Comprehensive Data and Operations Analysis and Development of Strategic Plan. Motion by Miller, seconded by Page, to approve General Consent Items 5.A.(1-4), 5.B.(1) and 5.C.(1-3). Motion carried as follows: Motion by Miller, seconded by Page, to recess the City Council meeting in order to convene the Edmond Public Works Authority meeting. Mayor Douglas reconvened the City Council meeting. 8. Public Hearing and Consideration of amended commercial Site Plan for 80 E. 5 th Street, located on the southwest corner of 5 th Street and Littler (Mark Neighbors, applicant) Case No. SP

4 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 4 The Site Plan for the four-story building was originally approved on April 23, The applicant has submitted the following five amendments to the Site Plan: 1) Outdoor patio seating on the east, west and north side of the building; 2) Removal of landscaping on the north side of the building, between the sidewalk and the building; 3) Change the door openings from metal and glass doors to wood and glass French doors; 4) Relocating the dumpster from the southwest corner of the property with the back on the south property line and the dumpster enclosure opening to the north, to the southwest corner with the back of the dumpster on the west property line and the dumpster enclosure opening to the east; 5) One of the following two alternatives regarding the sight-proof fencing: a) Removing the eight-foot masonry fence required on the south property line; b) If removal of the fencing is denied, the applicant requested a six-foot stockade fence with brick columns in place of the eight-foot masonry fence. The applicant originally provided more landscaping than is required and is now requesting the additional landscaping be eliminated to provide space for additional outdoor seating. Since the proposed doors will be taller, the awnings previously shown above the windows adjacent to the public sidewalk will be eliminated. The Central Edmond Urban Development Board recommended approval of Amendments 1 through 4 and for the fence to be an eight-foot tall stockade fence with brick columns adjacent to the property located at 515 S. Littler owned by Brad Reeser. Staff noted the fence would be installed in the middle of the alley along this property. Mark Neighbors addressed Council and stated eventually a request for additional parking would be submitted for consideration. He stated the Urban Board required the fencing be installed just along Mr. Reeser s property and not the entire length of the property. He noted when the original Site Plan was approved, the fencing was required due to the previous residential zoning of the two properties to the south. Mr. Neighbors stated those two properties are now zoned Central Business District and a fence is not required. He noted that he now owns one of those properties and he does not want a fence. General discussion was held regarding the placement of the fence as well as the material the fence would be constructed of. Consensus of Council was the fence would be an eight-foot stockade

5 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 5 fence with steel posts, no brick columns, since the fence would eventually be removed when the additional parking lot was installed. Further discussion was held regarding where the fence would be placed. Councilmembers Waner and Lamb felt a fence was needed due to a previous Council s requirement that a fence be installed as a buffer for area homeowners. Councilmember Lamb stated the type of fencing used was not an issue with him. Also discussed were the awnings and Mr. Neighbors stated they would not be able to open the doors if the awnings remained. Councilmember Waner stated she was in favor of retaining the awnings because she felt they gave the building a smaller scale feel and the awnings reduced the impact of the size of the building. Councilmember Page stated he preferred the applicant submit all the pertinent information regarding signage and additional parking, etc. at the same time. He noted he was in favor of developing the area but felt the development plan as a whole should be presented together. The parking for this area was also discussed and Mr. Neighbors stated at this time funding for the additional parking was not available because when he attempted to tie into the existing City water line they discovered it was a dead line and he had to spend an additional $35,000 to install a new line. Discussion was also held regarding the outdoor seating. Councilmember Lamb stated he was opposed to the two rows of seating along Littler. He felt the importance of the pedestrian way which was an extension of the City Streetscape down Littler was impacted by the placement of seating along both sides. He felt the row of seating closest to Littler would be an impediment to the free flow of pedestrian traffic due to the narrowness of the walkway on Littler and the existing streetscape. He noted he was not opposed to the remainder of the outdoor seating. The applicant agreed to remove the row of seating next to Littler and to retain only the seating next to the building. Motion by Waner, seconded by Lamb, to approve Item No. 8(1) subject to removal of the row of outdoor seating next to Littler. Motion by Miller, seconded by Lamb, to approve Item No. 8(2). Motion by Lamb, seconded by Miller, to approve Item No. 8(3).

6 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 6 Motion by Lamb, seconded by Miller, to approve Item No. 8(4). Councilmember Miller stated the only reason he is not opposed to amending the fence requirement is because the two properties to the south of the applicant s building are no longer used as residential properties. He noted when the future parking lot is installed, he felt a masonry fence should be required along 6 th Street for use as a buffer for the neighbors. Motion by Lamb, seconded by Miller, to approve Item No. 8, Option No. (5b) subject to installation of an eight-foot stockade fence, with steel posts and without brick columns, along the entire south property line in the middle of the alley with the understanding that an additional curb cut along the alley was not required and when the parking is expanded south, a masonry fence would be installed along 6 th Street as a neighborhood buffer. Motion carried as follows: 9. Public Hearing and Consideration of Ordinance No amending Edmond Plan from Restricted Commercial to General Commercial-Limited Use for a gun/archery range indoor recreation use, located at 1472 N. Kelly in the Shoppes at the Piazza shopping center (Shawn Forth, applicant) Case No. Z The building contains 10,033 square feet with the gun range using approximately 8,500 square feet and the remaining 1,500 square feet for sporting goods retail sales. If the gun range ceases to operate, the property will revert back to D-1 Restricted Commercial and only those uses allowed by that zoning category will be allowed to operate in the facility. Planning Commission recommended approval. Randel Shadid, attorney representing the applicant, addressed Council and stated the gun range would not generate outside noise but all the noise would be contained within the building. He stated the building will be the only climate controlled gun range

7 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 7 in the metro area and will offer gun instruction courses. Mr. Shadid stated the Edmond Police officers as well as the Oklahoma County Sheriff s Deputies will use the gun range. Councilmember Lamb commented that he has been working with staff on the interpretation of the need for a Plan Amendment for the E- LU applications and he is of the opinion a Plan Amendment is not needed, but this application was already well along so he would not oppose this one. Motion by Miller, seconded by Page, to approve Ordinance No as read by title by the Mayor. Motion by Lamb, seconded by Miller, to attach Emergency Clause to Ordinance No Motion carried as follows and Ordinance No is in effect immediately: 10. Public Hearing and Consideration of Ordinance No rezoning from D-1 Restricted Commercial to E-LU General Commercial-Limited Use for a gun/archery range indoor recreation use, located at 1472 N. Kelly in the Shoppes at the Piazza shopping center (Shawn Forth, applicant) Case No. Z This is a companion to the above item and was discussed at that time. Motion by Miller, seconded by Waner, to approve Ordinance No as read by title by the Mayor. 11. Public Hearing and Consideration of Site Plan approval for multi-family residential known as the Arbor Place Apartments, located on the south side of Kickingbird Road, one-half mile east of Bryant, west of the Huntwick Addition and south of the Woodcreek Townhomes Addition (BVP Arbor Place, LLC, applicant) Case No. SP Mayor Douglas stated the applicant requested this item be continued to September 28, 2009.

8 EDMOND CITY COUNCIL MINUTES-AUG. 10, 2009 BOOK 35, PAGE 8 Motion by Miller, seconded by Page, to continue Item No. 11 to September 28, 2009, as requested by the applicant. Motion carried as follows: 12. CITIZEN COMMENTS: 13. NEW BUSINESS: 14. Motion by Miller, seconded by Lamb, to adjourn meeting. Mayor Douglas, Councilmembers Waner, Lamb and Miller City Clerk Mayor