City Council

AGENDA SUMMARY – SPECIAL MEETING OF THE CITY COUNCIL GEORGE FINA MUNICIPAL BUILDING - 314 EDMOND ROAD NORTHWEST Monday, June 4, 2018 7:30pm MEMBERS PRESENT: Councilman Albert Gliechmann, Councilman John Brown, Councilman Kevan Blasdel, Mayor Valerie Thomerson, and Mayor Pro Tem Bobby Williamson. ABSENT: Councilwoman Melissa Ashford STAFF PRESENT: City Secretary Valorie Cumming, City Manager Jason Orr, Public Works Director Bud Stubber, Community Development Supervisor Kayla Cornett, Police Chief Scott Singer, City Attorney Mike Segler, and Fire Chief Andy Logan. 1. CALL TO ORDER – Mayor Valerie Thomerson called the City Council meeting to order at 7:30 pm. 2. ROLL CALL - City Clerk Jennifer Smith called roll and a quorum was present. Councilwoman Melissa Ashford entered at 7:30pm. 3. FLAG SALUTE – Flag salute was led by Councilman Kevan Blasdel. 4. INVOCATION –Invocation was led by Mr. Buall. 5. HEARING OF CITIZENS - Topics to include those items not listed in the agenda. None 6. BUSINESS ITEMS – Mayor Valerie Thomerson addressed the Council -no public hearing is needing -Council is allowing one as a courtesy -allow 5 minutes max for a total of 30 minutes a) Discussion, consideration and possible action on Ordinance No. 646 an ordinance amending the City of Piedmont code of ordinances by adding section 10-328 (D) providing an exception to the general prohibition to allow residents of Piedmont to detonate consumer fireworks on July 1st, 2nd, 3rd and 4th; providing for severability; repeal of conflicting ordinances; and declaring an emergency. Mayor Ro Tem Bobby Williamson addressed the Council -approached by several residents asking for this item Mr. Woodard addressed the Council -retire Fireman of 30 years -before this fireworks ordinance was in place we had injuries and fires -who will pay for damages if incurred -vote no Mr. Bickerstaff addressed the Council -not here to promote or deny but let you know the reason why it was passed -fireworks spook livestock  -horse got caught in barb wire fence -grass fires Mr. Fina addressed the Council -24 years as a fire fighter -worst day is July 4th -we have so much farm land and fireworks will cause devastation -mishandling by residents will create medical issues -cities around us have the ban except for one -if this passes we will have people coming out in droves to pop theirs -not fair to Fire Department or citizens -pay professionals to shoot off Mayor Pro Tem Bobby Williamson addressed the Council -asked City Attorney Mike Segler if the City would have any liability issues -burn ban won’t affect allowing fireworks City Attorney Mike Segler addressed the Council -we aren’t liable if residents are reckless -it will increase cost of City insurance Councilman Kevan Blasdel believes it will create problems. Councilman Albert Gliechmann addressed the Council -edges of town should enjoy July 4th -people come out to shoot fireworks anyway -worry about fires and livestock Councilman John Brown addressed the Council -only one City allows fireworks -mad house with extra ambulances due to damage -if word got out people would come out of the woodwork and crowd control would be a problem Mayor Valerie Thomerson addressed the Council -don’t take the ability of the Police Department to write tickets for those who pop them illegally Councilman John Brown made a motion to reject item a. Motion was seconded by Councilman Kevan Blasdel. The Vote was: AYE: Councilman John Brown, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: Mayor Pro Tem Bobby Williamson and Councilman Albert Gliechmann, b) Discussion, consideration and possible action on Ordinance No. 645 an ordinance amending the City of Piedmont code of ordinances by providing that zoning designation for all of block sixty- one (61), Town of Piedmont, Canadian County, Oklahoma, according to the recorded plat thereof, be changed from a-1 (agriculture district) to c-2 (commercial, general shopping district); providing for severability; repeal of conflicting ordinances; and declaring an emergency. Councilman Kevan Blasdel addressed the Council -parcel on Piedmont Road near 164th -near co-op  -great opportunity to get business here Councilman John Brown made a motion to approve item b. Motion was seconded by Councilwoman Melissa Ashford. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None e) Discussion, consideration and possible action on Ordnance No. 642 an ordinance amending the City of Piedmont code of ordinances by providing that zoning designation for a part of the southeast quarter (SE/4) of section thirty-two (32), township fourteen (14) North, range five (5) West of the Indian Meridian, Canadian County, Oklahoma, and more particularly described as follows: commencing at a point N 0°08'12'' W (N 00°10'17" W field) along the East line of said SE/4, 343.00 feet and N 89°57'26" W, (s 90°00'00" W field) 465.37; feet (510.60 feet; field) from the Southeast corner of said SE/4 for a point of beginning; thence N 89°57'26" W, (s 90°00'00" W field) 274.92 feet (249.03 feet field) to a point on the West right-of-way line of the Old St. Louis, El Reno & Western Railway; thence N 35°06'50" E (N 36°34' 16" E field) along said West right-of-way line 378.77 feet (385.99 feet; field); thence S 89°57'26" E, (N 90°00'00" E field) 274.92 feet; (249.03 feet; field) thence S 35°06'50" W, (S 36°34'16" W field) 378.77 feet (385.99 feet field) to the point of beginning. together with a 16 foot utility easement along the West property line and further extending along the East side of West street all the way to Washington Avenue, be changed from a-1 (agriculture district) to c-2 (commercial, general shopping district); providing for severability; repeal of conflicting ordinances; and declaring an emergency. Also known as the property directly west of the Co-op on Piedmont Road. Councilman John Brown made a motion to approve item e. Motion was seconded by Councilwoman Melissa Ashford. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None c) Discussion, consideration and possible action on Ordinance No. 644 an ordinance amending the City of Piedmont code of ordinances by providing that zoning designation for a tract of land in the northeast quarter (NE/4) of section thirty-five (35), township fourteen (14) North, range five (5) West of the Indian Meridian, Canadian County, Oklahoma, more particularly described as follows: beginning at the Northeast comer of said Northeast quarter (NE/ 4); thence s 00°17'50" E along the East line of said Northeast quarter (NE/ 4), a distance of 2653.35 feet to the southeast corner of said Northeast quarter (NE/ 4); thence S 89°29'11" W along the South line of said Northeast quarter (NE/ 4 ), a distance of 1817 .34 feet to the Southeast corner of the recorded plat of the Oaks at Coyoteee; thence along the East and North lines of the recorded plat of the Oaks at Coyoteee the following 10 courses: (1) N 62°04'05" W (record: N 61°57'26" E, 137.11 feet) a distance of 137.06 feet; (2) N 07°53'27" E (record: N 08°00'07" E) a distance of 85.06 feet; (3) N 25°43'37" W (record: N 25°36'57" W) a distance of 255.44 feet; (4) N 35°55'51" W (record: N 35°49'11" W) a distance of 125.83 feet; (5) N 24°46'28" W (record: N 24°39'48" W) a distance of 120.06 feet; (6) N 13°16'17" E (record: N 13°22'57" E) a distance of 160.00 feet; (7)  N 23°13'07" W (record: N 23°06'27" W) a distance of 76.01 feet; (8) N 40°11'10" W (record: N 40°04'30" W) a distance of 104.33 feet; (9) S 62°36'14" W (record: S 62°42'54" W) a distance of 391.43 feet; (10) N 57°39'23" W (record: N 57°32'43" W) a distance of 93.92 feet to a point on the West line of said Northeast quarter (NE/4), said point being the Northwest corner of the recorded plat of the Oaks at Coyoteee; thence N 00°14'48" W along the West line of said Northeast quarter (NE/4), a distance of 1082.44 feet; thence N 89°20'39" E a distance of 550.00 feet; thence N 00°14'48" W a distance of 44.64 feet to a point on the North line of said Northeast quarter (NE/4); thence N 89°20'39" E along the north line of said Northeast quarter (NE/4), a distance of 2094.28 feet to the point of beginning. Said tract having an area of 4,521,086.39 square feet, 103.790 acres, more or less, be changed from a-1 (agriculture district) to re-2 (rural residential); providing for severability; repeal of conflicting ordinances; and declaring an emergency. Also known as a portion of the SE corner property of Morgan Rd and Edmond Rd. Councilman Albert Gliechmann addressed the Council -wasn’t this changed awhile back Councilman John Brown addressed the Council -1/2 acre lots with lots of 5 acre lots surrounding it -builder met all qualifications Councilman Kevan Blasdel addressed the Council -goes with the 2030 comp plan Community Development Supervisor Kayla Cornett addressed the Council -staff recommends approval Councilman John Brown made a motion to approve item c. Motion was seconded by Councilman Kevan Blasdel. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None d) Discussion, consideration and possible action Ordinance No. 643 an ordinance amending the City of Piedmont code of ordinances by providing that zoning designation for a tract of land found in the Southwest quarter (SW/4) of section three (3), township fourteen (14) North, range five (5) West of the Indian Meridian, Canadian County. Oklahoma, more particularly described as follows: beginning at the Southeast corner of said Southwest quarter (SW/4); thence S 89°59'27" W along the South line of said Southwest quarter (SW/4), a distance of 1963.16 feet; thence N 00°24’10" W a distance of 2649.53 feet to a point on the North line of said Southwest quarter (SW/4); thence s 89°49'37" E along the North line of said Southwest quarter (SW/4), a distance of 1975.52 feet to the Northeast corner of said Southwest quarter (SW/4); thence S 00°08'09" E along the East line of said Southwest quarter (SW/4), a distance of 2643.19 feet to the point of beginning. said tract having an area of 5,211,472.28 square feet, 119.639 acres, more or less be changed from a1 (agriculture district) to re (rural residential district); providing for severability; repeal of conflicting ordinances; and declaring an emergency.  Also known as ¼ mile East of Moffat and Mustang. Aaron Denker addressed the Council -2030 comp plan is a guide and vision for long term to be used as a planning tool for future growth -no support of urban center and should be situated closer to town -moved out here for open spaces and invested in rural country living -worried about transportation, utilities, roads, parks as they are nowhere near here -filed a protest and hoping that we got enough people for a super majority -doesn’t comply with the 2030 comp plan -page 30 -page 29 Terry Brennan addressed the Council -HOA President of Wolf Lake -2030 comp plan is an implementation tool must look at existing/future land use and roads -not one person has spoken in favor of this development -Council needs to do what is right -don’t let City Manager Jason Orr’s word about a lawsuit scare you -doesn’t comply with the 2030 comp plan -page 23 -page 29 -page 103 Cynthia Brennan addressed the Council -City Manager Jason Orr is concerned of a lawsuit and we spent $100,000 due to it -implied the decision has already been made -developer doesn’t have every right to develop his land -only in accordance with zoning ordinances and comp plan Ellen Farsworth addressed the Council -developer has a right to develop his property but not to this magnitude -won’t comply with comp plan due to -page 56 -need a faster response time for emergency services -item should be postponed until issues resolved -concerned about open litigation with this developer and if City should be working with him Janeen Toole addressed the Council -homeowners want fields as well as progress and growth in a reasonable way -planning and timing of it is important -location and timing are everything grow from inside to outside -5 acre tract would be ok but not 2.5 acres Caley Warren addressed the Council -doesn’t comply with comp plan due to -page 11 -page 12 -page 28 -page 34 -page 85 -page 23 Corey Toole addressed the Council -one of the fastest growing towns in Oklahoma  -love small town feel, open spaces, schools -right infrastructure and planning is important -under no obligation to rezone land to make money for developer Angie Dial addressed the Council -been in new home 10 months -all lots are 5 acres -infrastructure wont handle all these homes -love rural setting -Council needs to take time to survey area before making decisions Samantha Carlisle addressed the Council -2.5 acre lots need to be closer to City center -would like to have 5 acre lots as is there currently Councilwoman Melissa Ashford addressed the Council -all these people are saying zoning ordinance does not mesh with comp plan -Planning Commission passes and is there any wiggle room to bump the lots to 5+ acres -who is liable for roads -option to table item until future -can we request development to fix roads -can I abstain without being sued City Manager Jason Orr addressed the Council -development agrees with comp plan -north part of town is considered rural residential and this fits with that -it’s my job to inform Council and residents of potential law suites -last one just like this cost us $100,000 -you can’t deny the developers right to develop their own land as long as they comply with our policies -plat map has not been submitted so we could talk about some of the issues as that time -in the past 3 Council members walked out of a meeting instead of voting and are in a lawsuit due to that Councilman John Brown addressed the Council -City Council long standing practice requires all platted subdivisions to be on water -we get impact fees and lot fees to help improve roads -where protest forms over 50% where super majority is required -2.5 acre lots are the largest zoning district we have and aren’t small -everything in City started out as AG zoning and A1 and is basically no zoning -doesn’t fall into subdivision regulations -comp plan was approved by Council and public had input -guideline to use and updated every couple of years based on growth -ability of land for sale controls land development -City publishes rules for developer they must follow and as long as they do they can build on land -we are in 3 lawsuits due to Council not doing this in past Mayor Valerie Thomerson addressed the Council -no option for tabling item -give developer time to choose -2.5 acres isn’t small -developer not required to be here -City Councilwoman Melissa Ashford unless you have a financial vested interest in a project you should vote as that is why you are here Councilman Albert Gliechmann addressed the Council  -if we approve this they can stick 2.5 acre lots around all these people -people come here to get land and freedom -these homes will have septic and water wells -concerned about cars going on a 1 lane narrow bridge Mayor Pro Tem Bobby Williamson addressed the Council -items come to us with recommendations from City staff and City Attorney -helps to reduce liability for City -we uphold ordinances and use comp plan as a guideline -infrastructure doesn’t drive development City Attorney Mike Segler addressed the Council -42% of residents protested so super majority is not needed -wont answer City Councilwoman Melissa Ashford question about abstaining in a public setting -platting takes care of infrastructure, lot lines, minimum are 2.5 acre lots but could be larger Councilman Kevan Blasdel made a motion to approve item d. Motion was seconded by Mayor Pro Tem Bobby Williamson. The Vote was: AYE: Councilman John Brown, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: Councilman Albert Gliechmann Mayor Valerie Thomerson called for a break at 8:45pm and reconvened at 8:56pm. f) Discussion, consideration and possible action on Ordnance No. 641 an ordinance amending the City of Piedmont code of ordinances by providing that zoning designation for part of the southeast quarter (SE/4) of section three (3), township fourteen (14) north, range five (5) west of the Indian meridian, Canadian county, Oklahoma, more particularly described as follows: beginning at the se corner of said SE/4 of said section, thence due west a distance of 560 feet; thence due north a distance of 178 feet; thence east a distance of 560 feet; thence south a distance of 178 feet to the point or place of beginning, be changed from a-1 (agriculture district) to re-1 (rural residential medium district); providing for severability; repeal of conflicting ordinances; and declaring an emergency. Also known as 3013 Moffat Rd NE. Melissa Williams addressed the Council -purchased land 2 years ago and it was zoned AG -told not have to rezone as previous home was taken out during tornado -trailer was on land and I was told by City I had 6 months to build -when going to get building permit told I would have to get rezoned -told required to rezone -2.3 acres -still dealing with City on issues with them tearing up my yard and causing flooding Councilman Albert Gliechmann addressed the Council -nice brick home before tornado -then a trailer was put on land -beautiful home and should have been grandfathered in Councilman Kevan Blasdel verified she bought land in 2015 and went to get permit in 2017. Councilman John Brown addressed the Council -do we have a number of agricultural zoned lots less than 5 acres like this -if we rezone to RE1 and she resales they could lot split Mayor Valerie Thomerson verified this could not go before the Board of Adjustment. City Attorney Mike Segler addressed the Council -if you can spot areas in City all over like this you and when they develop they will have to get rezoned -might consider on second reading not refund application -non-conforming would not fit in this incident -this is the easiest fastest way to resolve the problem as far as I’m concerned -administrative changes would not fit in this incident City Manager Jason Orr addressed the Council -easiest way to get problem fixed was she filed for her building permit and we would fix later -same agreement made with Joyce -we are having to deal with this now due to it not being done properly in the past -we can return admin fee due to run around with the same thing that happened to Zack Weldon Community Development Supervisor Kayla Cornett addressed the Council -made agreement with her to go ahead and build and fix issue going forward due to incorrect information from previous staff Councilman John Brown made a motion to approve item f. Motion was seconded by Councilman Kevan Blasdel. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None g) Discussion, consideration and possible action on Ordinance No. 640 an ordinance of the City of Piedmont, Oklahoma, adopting and enacting the (2018) “Piedmont Code of Ordinances”; compiled, revised and published by the authority of the Council for the City of Piedmont, Oklahoma, containing the permanent and general ordinances of the City of Piedmont; also repealing all ordinances of a permanent and general nature not included in the code; providing for additions and amendments to the code and declaring an emergency. Councilman John Brown made a motion to approve item g. Motion was seconded by Councilwoman Melissa Ashford. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None h) Discussion, consideration and possible action on Ordinance No. 639 amending the zoning Ordinance Sec. 5-13 (22) to decrease the front yard setback for properties within the commercial, industrial and multi-family districts and for schools and churches to seventy-five (75) feet from  the centerline of any arterial street and twenty-five (25) feet from the public right-of-way boundary of any state or county highway whichever is greater; providing for severability; repeal of conflicting ordinances; and declaring an emergency. Councilman John Brown made a motion to approve item h on second reading. Motion was seconded by Mayor Pro Tem Bobby Williamson. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None Councilman John Brown made a motion to approve emergency clause. Motion was seconded by Councilman Kevan Blasdel. The Vote was: AYE: Councilman John Brown, Councilman Albert Gliechmann, Mayor Pro Tem Bobby Williamson, Councilwoman Melissa Ashford, and Councilman Kevan Blasdel. NAY: None 10. NEW BUSINESS – a) “New business,” as used herein, shall mean any matter not known about or which could not have been reasonably foreseen prior to the time of posting. (25 O.S. 311a(9) None 11. ADMINISTRATION REPORT – None 12. COUNCILMEMBER COMMENTS- Councilman John Brown addressed the Council -received email from a man saying problems with trash -refusing to pick up due to not being able to close lid -City Manager Jason Orr has not contacted yet please do so -can we take a look at Eastwind pot holes and bridge Councilman Albert Gliechmann addressed the Council -can we check 234th torn up due to oil well -oil well trouble on Mustang between Waterloo and 234th -can Police Department put up cones on our meeting nights so we have somewhere to park Councilman Kevan Blasdel addressed the Council -park on the grass or at the Police Department Mayor Pro Tem Bobby Williamson addressed the Council -spoke with Hader and heard go ahead is January 1 can we give him the go ahead to start earlier City Manager Jason Orr addressed the Council -met with him this week and can start whenever he is ready -Sara project will be at our next meeting 13. ADJOURN – Mayor Valerie Thomerson called the meeting to a close at 9:20pm. ______________________________ ____________________________ Mayor, Valerie Thomerson Secretary, Valorie Cumming