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HomeMy WebLinkAbout2012.07.03_City Council MinutesOWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 3, 2012 The Owasso City Council met in regular session on Tuesday, July 3, 2012 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, June 29, 2012. ITEM 1 CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:32 p.m. ITEM 2 INVOCATION The invocation was offered by Mike Franz, Pastoral Staff, Discovery Bible Fellowship ITEM 3 FLAG SALUTE Councilor Ross led the flag salute ITEM 4 ROLL CALL PRESENT ABSENT Doug Bonebrake, Mayor Chris Kelley, Vice Mayor Jeri Moberly, Councilor Charlie Brown, Councilor Patrick Ross, Councilor A quorum was declared present STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5 PRESENTATION OF THE CHARACTER TRAIT DECISIVENESS Liz Swearingen, Character Council Member, presented "Decisiveness," the Character Trait of the Month for July 2012. ITEM 6 PRESENTATION OF THE MAYOR'S PROCLAMATION Mayor Bonebrake presented a proclamation to the Owasso Soccer Club declaring July 7, 2012 Turn Owasso Pink Day. Owasso City Council July 3, 2012 ITEM 7 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the June 19, 2012 Regular Meeting B. Approval of Claims C. Approval of Normal Retirement Benefits from the City's Oklahoma Municipal Retirement Fund (OMRF) Plan for Connie McIntire Mr. Brown moved, seconded by Mr. Kelley to approve the Consent Agenda with claims totaling $369,110.13. Also included for review were the healthcare self-insurance claims report and the payroll payment report for 06/16/12. YEA: Brown, Kelley, Moberly, Ross, Bonebrake NAY: None Motion carried 5-0 ITEM 8 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action required ITEM 9 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF ZONING MAP AMENDMENT OZ-12-03, CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, WILLIS FARMS (SAM'S CLUB) Minutes of the July 2, 2012 meeting of the Owasso Planning Commission, including a list of speakers and a petition from homeowners of the Windsor Lake neighborhood was provided to the City Council. Mr. Bronce Stephenson presented the item recommending approval of Zoning Map Amendment OZ-12-03, changing zoning from an AG (agricultural) District to a CS (commercial shopping) District. Mr. Brown moved, seconded by Mr. Ross to table this item to the July 17 meeting. YEA: Ross, Brown NAY: Kelley, Moberly, Bonebrake Motion failed 2-3 12 individuals spoke on this item. Mr. Ross moved, seconded by Mr. Brown to table this item for more discussion at the July work session and to vote on this item at the July 17 meeting. YEA: Ross, Brown NAY: Kelley, Moberly, Bonebrake Motion failed 2-3 Mr. Brown moved, seconded by Mr. Ross to create a 200 foot buffer of OL (office light) between Windsor Lake subdivision and the proposed CS (commercial shopping) District. 2 Owasso City Council YEA: Ross, Brown NAY: Kelley, Moberly, Bonebrake Motion failed 2-3 July 3, 2012 After discussion, Ms. Moberly moved, seconded by Mr. Kelley to approve Zoning Amendment OZ-12-03, changing zoning from an AG (agricultural) District to a CS (commercial shopping) District, as recommended. YEA: Kelley, Moberly, Bonebrake NAY: Ross, Brown Motion carried 3-2 ITEM 10 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF ORDINANCE NO. 1005, APPROVING ZONING APPLICATION NUMBER OZ-12-03, CHANGING THE ZONING PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA Mr. Bronce Stephenson presented this item recommending approval of Ordinance No. 1005. After discussion, Mr. Kelley moved, seconded by Ms. Moberly, to approve Ordinance No. 1005, as recommended. YEA: Kelley, Moberly, Bonebrake NAY: Ross, Brown Motion carried 3-2 ITEM 11 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE DISCUSSION OF THE RECORDING OF THE CITY COUNCIL MEETINGS Mr. Brown moved, seconded by Mr. Ross to table this item to the July 17 meeting. YEA: Brown, Ross, Moberly, Kelley, Bonebrake NAY: None Motion carried 5-0 ITEM 12 REPORT FROM CITY MANAGER No report ITEM 13 REPORT FROM CITY ATTORNEY No report ITEM 14 REPORT FROM CITY COUNCILORS Mayor Bonebrake recognized the attendance of Blake and Brock Calhoun from Boy Scout Troop 26, earning their Citizenship in the Community Badge. ITEM 15 NEW BUSINESS None 3 Owasso City Council July 3, 2012 ITEM 16 ADJOURNMENT Mr. Brown moved, seconded by Ms. Moberly, to adjourn the meeting. YEA: Kelley, Moberly, Ross, Brown, Bonebrake NAY: None Motion carried 5-0 and the meeting was adjourned at 8:26 p.m. (11 1, - ~ 't 'f "Ic-, Ashley Hickm n, Minute Clerk ug Bonebrake, Mayor (z ~A 0- co The City Wit loaf Limits. TO: The Honorable Mayor and Ciiy Council Ciiy of Owasso FROM: Juliann M. Stevens Administrative Assistant SUBJECT: Petition Opposing Zoning Application OZ 12-03 DATE: June 29, 2012 BACKGROUND: On the afternoon of June 29, 2012, Dale Alimena, 9316 N. 132nd East Avenue, delivered a cover letter and signature pages to City Hall in protest of Zoning Application OZ 12-03, a request to change the zoning of property, known as the Willis Farms (SAM's Development), from Agriculture to Commercial Shopping District. The petition contains 76 signatures. Of these 76 signatures, eleven are duplicates, for a total of 65 signatures, These signatures represent forty-one properties, ATTACHMENT: 1. Correspondence dated June 28, 2012, containing signature pages [~`y 't"`~ ~'i June 28, 2012 Eli, Owasso City Council & City Manager City of O wasso 111 N. Main Owasso, Old 74055 Subject: Protest Petition Opposing Zoning Application No. OZ-12-03 We, the undersigned owners of property affected by the requested zoning change listed as Amendment OZ-12-03 hereby protest against the aforementioned application and submit our signatures to validate the protest and request that said application be denied. We protest the recommendation to rezone the entire 29+ acre property proposed for the Willis Farms Addition from AG (Agricultural) District to a CS (Commercial) District in that it provides harm to the health, welfare, and safety of the citizens of Owasso especially the citizens of the Windsor Lake Neighborhood. Additionally, we, the undersigned owners of property affected by the requested zoning change listed as Amendment OZ-12-03 oppose the Wills Farms Addition (Sam's Club) final plat approved by the Owasso City Council in April 2012. The approval was based on the false presentation by the City of Owasso Planner that the property had been zoned CS when in fact the property was zoned AG. The said Plat as approved is non-conforming to current zoning and the decision should be vacated and the developer should be required to submit a new application for proper processing in compliance with the City of Owasso Ordinances. The current Plat provides harm to the public by not limiting the points of access to the commercial property across from the residential properties on 96th Street and does not provide a buffer of OL (Office Light) zoning along 96th Street as well as safety buffer of free space. Given that the citizens of Owasso were falsely informed regarding the existing zoning for the Plat change recommendation of said Property, Owasso citizens were denied due process to file a protest of the City Council's vote within the 10-day filing period and were denied their legal right to file a legal appeal of the Plat approval. This violated our civil rights of due-process and we ask that you act with character to correct this situation by vacating Plat approval. We submit that zoning laws are in place to protect the health, safety and welfare of the citizens and zoning approvals are not to consider the financial benefit of the Wills Farms Developer (Sam's Club) over the citizen health, safety and welfare. Never before has the City Council or Planning Commission acted so hostile toward the health, safety, and welfare of the citizens of Owasso by not requiring normal and routine application processing and buffer requirements between Commercial and Residential uses. Never before has a developer been given such grace without due process. Please find the enclosed Protest Petitions signed by a significant majority of the property owners in Windsor Lake neighborhood. Respectfully, Dale Alimen 9316 N 132°d East Avenue Owasso, Ok 74055 enclosures 1 r , Y'c\ PROTEST PETITION Pursuant to Title 11, Oklahoma Statutes, § 43-105, the undersigned owners of at least 50% of the area of the lots lying within 300 feet of the of the boundaries of the real property sought to be rezoned pursuant to zoning application No. OZ-12-03, do hereby protest and oppose said rezoning and ask that said application be denied. NAME a4v"'j ~~txt. ADDRESS > API 0 301-1 /J45~1~e5 9-Irl-PICA~ ID "Co ~6-' .41'v' e~-' D~ 0301 10, A) /sit) 2 /0Z AJ~ , C411:5-01-j v10 t5y- 'v C-- PROTEST PETITION v.~ 2,9 Pursuant to Title 11, Oklahoma Statutes, S, 43-105, the undersigned owners oTa~ ~ J. € I.- ~aS jO zd~cn a`f fire° ots lyi tg ~vttl ~i O~J-fit t l=e ®a~ i~ f the real 4irnp,e,rt --,.ougii.Lto-be repo od pursuant to zoning application No. OZ-12-03, do hereby protest and oppose said rezoning and ask that said application be denied. NAME i LAC, fA ADDRESS Ju ~i Inc F Ae / 93 7 1Y, D _ Q~11 f 3C~ S L, , q Z ~ L_ 1~)ts)s 1 V-) 14v) 1 I P') t C . ~ 1-2 A' N(I d Pve PETITION pp ~~3 Date: To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) District,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms Addition (Sam's Chub) final plat. On April 17`' 2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION • Increased Traffic • Increased Noice • Large Signage • Lignts • Home Values Impacted Signature Printed Name Address Carobtle tijesaft- otA-;a so -Z f ~ l `I (Al V\) t X1, PETITION T Date: r.- °d rte` To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) District,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms Addition (Sam's Club) final plat. On April 17t'2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION • Increased Traffic • Increased Noice • Large Signage • Lignts • Home Values Impacted Si nature /J eve-, Printed Name Address 133 7 C GIh~` ~l E Pull ?~W'Znl /0e1_1 0 PETITIOI'~N Date: To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) District,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms Addition (Sam's Club) final plat. On April 17`' 2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION • Increased Traffic • Increased Noice ® Large Signage • Lignts • Home Values Impacted f33 k(, C+. YQo A. Signature Printed Name Address a, PETI'T'ION Date: } G To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) District,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms Addition (Sam's Club) final plat. On April 17`h 2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION • Increased Traffic • Increased Noice • Large Signage • Lignts • Home Values Impacted ~ Acw Signature Printed Name Address 4~5 d P ECTITI0N Date: To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) District,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms ,Addition (Sam's Club) final plat. On April 17" 2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION Increased Traffic Increased Nome Large Signage Lights • Home Values Impacted Signature Printed Name Address IW419 0,~ L EXE G q' W' A/,, /33 3i2e/ j ~ ~/F S? N. 13,-al E. 95~N, _d 5T~ PROTES'T' PETITION '41"Y' 9 Pursuant to Title 11, Oklahoma Statutes, § 43-105, the undersigned aw=rs-amt &Leas-t. .0~ 1~tlae a Hof-tk~e 1 i i l~kn ~n0 feed-o# l f~#ki bfl .n i~ he re -oprope-ray~-,ought4o-berme-z-ried pursuant to zoning application No. OZ-12-03, do hereby j protest and oppose said rezoning and ask that said application be denied. NAME f ADDRESS ~3,o -J , ~E )V /3 ;//V / FLf.05C~ ~ - PETITION !CG. Date: To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) Di~trict,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms Addition (Sam's Club) final plat. On April 17`h 2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION • Increased Traffic • Increased Noice • Large Signage • Lignts • Home Values Impacted Signature Printed Name Address ,~a20 P, IL) A ! 33 PETITION To: Owasso City Council We, the undersigned owers of property affected by the requested zoning change listed as amendment Oz-12-03, changing the property located in the southwest quarter section 16, Township 21 North Range 14 East Tulsa County, Oklahoma from AG (agricultural) District to a CS (Commercial Shopping) District,Wills Farms (Sam's Club.), do hereby protest against any change of the Land Development Code which would zone the property to Commercial. We also oppose the Wills Farms Addition (Sam's Club) final plat. On April 17`h 2012 the Owasso city council approved the plat under the assumption the property had been zoned CS (Commercial.) Because it has been discovered that the property is actually zoned AG (Agricultural), the proposed commercial use would therefore be non-conforming. REASON FOR OPPOSITION • Increased Traffic • Increased Noice • Large Signage • Lignts • Home Values Impacted Si nature Printed Name Address "2 A