The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, December 21, 1998 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6 - Vice Mayor
INVOCATION James Cole
Public Works Director
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 15
b. Minutes of December 7, 1998 meeting
c. Transfer of Appropriations in Street Improvement Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of November 30, 1998
* City Clerk Report for the month of November 1998
* Shawnee Police Report for the month of November 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of December 1998
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of November 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of November 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of November 1998
* Utility Division Report for the month of November 1998
* Municipal Court Report for the month of November 1998
* Sister Cities Council minutes of November 10, 1998 meeting
* Shawnee Urban Renewal Authority minutes of November 3 and November 17, 1998 meetings
* Shawnee Public Library Board minutes of November 10, 1998 meeting
* Planning Commission minutes of November 18, 1998 meeting
e. Mayor’s Appointment:
OKLAHOMA BAPTIST UNIVERSITY TRUST AUTHORITY
Appoint Mr. Randy Smith to a term to expire 8/1/03 to fill the unexpired term of Ron Dempsey
f. Approve Oklahoma Municipal Retirement Fund application for retirement pension with lump sum payment for Susan Jo Haley.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-f), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Harden introduced and presented Mr. James C. Fountain Resolution No. 6012 and the title and resolution was read in full.
Resolution No. 6012 entitled “A resolution expressing appreciation to James C. Fountain for more than twenty-four years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said James C. Fountain."
Motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Resolution No. 6012 duly passed and adopted.
Mr. Fountain was applauded when he received his resolution.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at the southeast corner of Independence and Minnesota from R-3, Multi-Family Residential District to C-3, Automotive and Commercial Recreation District for use as a car dealership. (Applicant: Don Paris).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at the southeast corner of Independence and Minnesota for use as a car dealership.
It was noted that the Planning Commission and staff recommended denial of the application since it is not in compliance with the Comprehensive Plan. There was 53.31% formal written protests filed from the surrounding property owners.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application.
Mr. Don Paris, applicant, appeared before the Commission to appeal to them and to the area residents that he would build the dealership where it would add to the surroundings and not take away from the neighborhood.
Those appearing against the rezoning were the following:
First, Mr. Mark Branson, area resident, appeared to ask questions about how many apartments could be placed on the property as it was indicated by Mr. Paris that there might be a possibility of building a housing project, but not by him.
Planning Director Bill Colclasure responded by stating that probably 60 apartment units could be built on the property.
Mr. Branson then stated that he was not necessarily in favor of the car dealership, but he would not want housing units next to him either.
Mr. Wesley Beck, 1516 North Minnesota, appeared against the rezoning stating that there was more space in the commercial areas of Kickapoo for a car lot and that the implied statement from Mr. Paris that housing units might be built was setting up an “either/or” situation and was not fair.
Mr. Randy Parsons, Attorney-at-Law, representing several areas residents and one who grew up in the area, appealed to the Commission to deny the application and not base their decision on mere speculation of what was said tonight about housing projects. He reminded the Commission that four previous City Commissions had denied previous rezonings.
Ms. Kim Breedlove, 1510 N. Minnesota, appeared in protest on behalf of the young families in the neighborhood.
There being no others to appear, the public hearing was closed.
After due and careful consideration, the ordinance title was introduced and read aloud.
An ordinance entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: Lots Eleven (11) and Twelve (12) and the North Ten (10) feet of Lot Thirteen (13), Block 1, Midland Addition to the recorded plat thereof and a tract of land described as beginning at the Northwest Corner (NW/C) of Block Two (2), Midland Addition to the City of Shawnee, thence South 404 feet; thence East 168 feet to the West right-of-way line of the A. T. & S. F. Railway; thence Northeasterly along the said right-of-way line a distance of 222 feet; thence North 210 feet; thence West 272 feet to the point of beginning; less and except a tract of land beginning at a point 404.0 feet South of the Northwest Corner (NW/C) of Block Two (2), Midland Addition to the City of Shawnee, thence East 164.20 feet to the West right-of-way line of the A. T. & S. F. Railroad; thence Northeasterly along said West right-of-way line 22.78 feet; thence West 174.85 feet; thence South 20.00 feet to the point of beginning; rezoning said property from zoning classification R-3; Multi-family Residential District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Title and Ordinance be denied. Motion carried.
AYE: Roach, Gillham, Harden, Winrow, Downing, Claybrook
NAY: Young
Thereupon Mayor Harden declared the ordinance denied.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance relating to the zoning requirements of a petting zoo in an agricultural area. (Applicant: City of Shawnee).
Mayor Harden declared a public hearing in session to consider an ordinance relating to the zoning requirements of a petting zoo in an agricultural area.
The Planning Commission and staff have recommended approval of the Zoning Code being amended to allow for privately owned petting zoos in the A-1, Agricultural District with a conditional use permit.
Mayor Harden asked if there was anyone who wished to appear in favor of or in protest of said ordinance.
Appearing before the Commission was Mr. Paul Mehagan, 304 South Leo, owner and operator of Noah’s Arc Petting Zoo. He requested the Commission approve the proposed ordinance to allow for petting zoos in the city limits.
At this time, Mr. Bill Colclasure, Community Development Director, explained the process that Mr. Mehagan would need to do in order to apply for the petting zoo to be considered by the Commission.
He noted that if Mr. Mehagan’s zoo was approved, that it would be approved as non-conforming since his petting zoo is only 2.5 acres and the ordinance states 5 acres. Mr. Mehagan would be granted a conditional use permit for as long as he owned and operated the zoo.
There being no others to appear, the public hearing was closed.
After due and careful consideration, Ordinance No. 1908NS was introduced and the title read aloud.
Ordinance No. 1908NS entitled “An ordinance amending Article IV, Section 401.2 uses permitted as part of the City of Shawnee Zoning Code; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1908NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider a resolution approving the transfer of ownership of the ultimate parent company of Falcon Cable Media to AT&T.
Appearing before the Commission was Mr. Andrew Dearth, Regional Manager of Falcon Cable Media, who explained that Tele-Communications, Inc. (TCI) , the minority partner in the ultimate parent company of Falcon, was being purchased by AT&T Corporation, the ultimate parent company.
He advised that TCI will continue to exist and will be merged with AT&T. He stated that according to the agreement terms of the Franchise Falcon has with the City of Shawnee, Falcon was required to get approval from the City for transfer of ownership.
Resolution No. 6013 was introduced and the title read aloud.
Resolution No. 6013 entitled “A resolution of the City of Shawnee, Oklahoma consenting to a transfer of ownership of the ultimate parent company of Falcon Cable Media.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Resolution No. 6013 duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the Code; providing for no parking on portions of certain streets.
The following proposed ordinance will incorporate no parking changes that had been approved previously by the Traffic and Transportation Commission and the City Commission and were never added to the no parking ordinance.
The amendments will include no parking on both sides of the street in the 500 Block North Elm; North Tucker between Highland and Wallace; and the 600 Block of South Broadway.
Ordinance No. 1909NS was introduced and the title read aloud.
Ordinance No. 1909NS entitled “An ordinance amending Section 16138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
A motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1909NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider an ordinance amending Ordinance No. 1080NS by changing the purpose and use of the one percent sales tax levied and making said tax permanent.
City Manager Terry Powell presented the ordinances regarding the extension of the one percent sales tax for consideration.
He advised the Commission that the ordinances (the second ordinance is referred to under Agenda Item No. 8 which calls for the election) presented tonight had been amended from the ones copied in the agenda packet. He noted the titles were the same, only Section 3 had been amended.
He informed the Commission that the fire and police bargaining units wanted it clearly defined that the 1/16th of the one percent to the fire and police units would be used for salaries, equipping, training and hiring of Shawnee police officers and firefighters in excess of 1998-99 funding levels.
He noted that the bargaining units requested that the monies be deposited in special tax funds for fire and police.
City Manager Powell noted that the proposed ordinance would change the tax term from ten years to permanent to be voted upon by the citizens.
In summary, the breakdown of the one-cent sales tax purpose will be used for: (1) 7/8th to be used for capital improvements, economic development, or the payment of debt service and other requirements that may be required by any document securing the payment of bonds issued by the City or a public trust of which the City is the beneficiary; and (2) 1/16th each dedicated to fire and police for uses as stated above.
Ordinance No. 1910NS was introduced and the title read aloud.
Ordinance No. 1910NS entitled “An ordinance amending Ordinance Numbered 1080NS as amended by Ordinances Numbered 1337NS and 1449NS by changing the purpose for which the proceeds of the one percent (1%) sales tax levied by Ordinance 1080NS may be used; amending the provision for termination to make said sales tax permanent, providing for severability; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Commissioner Gillham, that the Title and Sections 1-4 be approved.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1910NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider an ordinance calling for a special election on March 2, 1999 for the purpose of submitting to the qualified voters of the City of Shawnee the question of amending the purpose for which the proceeds of the one percent sales tax set in Ordinance No. 1080NS may be used and making said tax permanent.
Before voting for the amended ordinance that calls for the election to be held on March 2, 1999, Commissioner Gillham commented that this was a momentous occasion and important to everyone for the future.
Also speaking to that matter was Mr. Larry Briggs, President of First National Bank and representative of citizens and organizations supporting the penny sales tax extension.
He commended the Commission for having the foresight to take such an important step and he stated that this was the right time and he assured the Commission that they had the support.
Ordinance No. 1911NS was introduced and the title read aloud.
Ordinance No. 1911NS entitled “An ordinance calling for a special election in the City of Shawnee, Oklahoma for the purpose of submitting to the registered, qualified voters of said City the question of amending Ordinance Numbered 1080NS as amended by Ordinances Numbered 1337NS and 1449NS by changing the purpose for which the proceeds of the one percent (1%) sales tax levied by Ordinance 1080NS may be used; establishing the one percent (1%) sales tax to be permanent; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved.
Thereupon Mayor Harden declared Ordinance No. 1911NS duly passed and adopted.
Concluding this item, Commissioner Roach wanted it noted for the record that “this would not raise anybody’s taxes.”
AGENDA ITEM NO. 9: Consider a resolution adopting the Fair Housing Ordinance as set out by Housing and Urban Development.
Community Development Director Bill Colclasure informed the Commission that the proposed fair housing resolution was to up-date the policies regarding fair housing for all citizens who had an opportunity to obtain housing.
Resolution No. 6014 was introduced and the title read aloud.
Resolution No. 6014 entitled “A resolution adopting the Fair Housing Policy for the City of Shawnee, Oklahoma; providing for the opportunity for all citizens to obtain fair housing.”
A motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
Thereupon Mayor Harden declared Resolution No. 6014 duly passed and adopted.
AGENDA ITEM NO. 10: Consider a resolution requesting the Oklahoma Department of Transportation to close the crossover at the intersection of Highway 177 and Independence Street.
Resolution No. 6015 was introduced and the title read aloud.
Resolution No. 6015 entitled “A resolution requesting the Oklahoma Department of Transportation to close the crossover at the intersection of U. S. Highway 177 and Independence Street in the City of Shawnee, Oklahoma to help maintain safer traffic flow pending the Department’s decision as to the placing of traffic signals at this location.”
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Resolution No. 6015 duly passed and adopted.
AGENDA ITEM NO. 11: Consider acceptance of the improvements of Enchanted Forest Subdivision and placing maintenance bonds into effect.
City Engineer John Krywicki advised the Commission that the required improvements such as the waterlines, sanitary sewers, paving and drainage had been installed satisfactorily in the Enchanted Forest Subdivision in accordance with the City’s standards and he was recommending acceptance.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to accept the improvements of Enchanted Forest Subdivision and placing maintenance bonds into effect. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 12: Discuss requiring entities who have contracts with the City of Shawnee to have annual audits of funds.
At this time, Commissioner Claybrook communicated to the Commission that he was the one that prompted this item for discussion relating to requiring entities that have contracts with the City to have annual audit of funds submitted to the City.
He expressed that his concerns were about the past and most recent non-profit organizations that have had financial malfeasance. It was his intentions for some type of financial reports be given to the City, especially for those organizations that receive monies from the City.
A report prepared by Bertha Ann Young, City Treasurer/Finance Director was reviewed by the Commission that summarized the amount each organization received, in what installment payments the City made, and whether the organizations made a report to the City.
In discussion, it was noted that it would not be feasible for some organizations to have an audit report because some of the funds received from the City were not large enough to cover the auditor’s fees.
Questions were directed to Budget/Finance Director Jim Wilsie regarding appropriate financial reporting.
After discussion, it was agreed by the Commission that Mr. Wilsie conduct an analysis of the financial reporting and present suggestions or ideas to the City’s Contracts Review Committee and that Committee could in-turn make the necessary recommendations to the City Commission.
AGENDA ITEM NO. 13: Discuss authorizing REACT Ambulance Authority to use Fire Station Number Two as a sub-station on an interim basis.
City Manager Terry Powell informed the Commission to strike this item from the agenda since it was not ready for discussion.
AGENDA ITEM NO. 14: Consider airport lease with DenRow Limited, L.C.
City Manager Terry Powell reported that DenRow Limited, L.C. is an aircraft maintenance business that will be making some improvements to the airport building #4. He noted that the rent was at a fair market value and a review of the lease would be reviewed again in five years.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the airport lease with DenRow Limited, L.C. be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 15: Consider Bids.
Public Works Director James Cole presented the following recommendations:
a. Lilac Softball Field Lighting Project (Contract No. COS-PW-98-13) (award)
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, to accept staff’s recommendation to award the Lilac Softball Field Lighting Project to Shawnee Lighting, Shawnee, Oklahoma, in the amount of $35,420.00 as the lowest and best bid. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
b. One 1999 Truck Mounted Sewer Jetter (award)
Public Works Director James Cole noted that there were two other bidders whose bids were lower in price but did not meet the specifications for the following reasons:
1. Baker Equipment of Oklahoma City did not meet specs due to no skirting around the body, it uses a multiple tank configuration, the hose reel is exposed and not protected from possible freezing.
2. Total Truck & Trailer, Norman, Oklahoma did not meet specs based on no skirting around the body, it offers hinged doors instead of rollup doors, uses hydrostatic drive powered by front crankshaft instead of transmission PTO, the rear housing is welded instead of bolted to permit easy removal for maintenance.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to accept staff’s recommendation to award the one 1999 truck Mounted Sewer Jetter to Midwestern Equipment of Oklahoma City, Oklahoma in the amount of $98,818.00 as the best bid. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
c. One 1999 Tandem Axle Twin Screw Cab and Chassis w/12 to
14 Yard Dump Body (award)
A motion was made by Commissioner Winrow, seconded by Commissioner Roach, to accept staff’s recommendation to award the one 1999 tandem axle twin screw cab and chassis w/12 to 14 yard dump body truck to Harvey’s GMC of Shawnee, Oklahoma in the amount of $57,731.00 as the lowest and best bid. Motion carried.
AYE: Winrow, Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None
d. One 1999 One Ton Cab and Chassis w/Flat Dump Body Bed
(award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to accept staff’s recommendation to award the one 1999 one ton cab and chassis w/flat dump body bed truck to Harvey’s GMC of Shawnee, Oklahoma in the amount of $25,085.00 as the lowest and best bid. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
The following bids were opened, read aloud and found to be as follows:
e. Two 72” Cut Riding Tractor Mowers (Contract No. COS-PW-
98-14) (open)
BIDDER AMOUNT LESS TRADE-IN
Lesco Company No Bid
Central Ford New Holland Inc. No Bid
Dinsmore Motor Plaza $15,036.15 $ 500.00
$1,000.00
Darr Equipment Company No Bid
Hustler Turf Equipment of OK, Inc. $13,950.00 $1,000.00
Turner Equipment $13,628.00 $1,428.00
f. Tractor with 12’ Cut 3-Section Rotary Mower (Contract No.
COS-PW-98-15) (open)
BIDDER AMOUNT LESS TRADE-IN
Central Ford New Holland Inc. No Bid
Darr Equipment Company No Bid
Hustler Turf Equipment of OK, Inc. $26,532.00 $3,000.00
Hustler Turf Equipment of OK, Inc. $13,710.00 $1,500.00
Turner Equipment $13,228.00 $1,478.00
A motion was made by Commissioner Roach, seconded by Commissioner Young, to accept staff’s recommendation to defer all opened bids (e-g) to staff for further review and a recommendation at the
next City Commission meeting. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Mr. Paul Mehagan appeared before the Commission to thank them for their vote earlier in the meeting and to wish them all a Merry Christmas.
AGENDA ITEM NO. 17: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 18: New Business.
Under New Business, Commissioner Winrow thanked the staff for its work at the Boy Scout Park in digging out the swimming pool and replacing it with a new pavilion.
Mayor Harden wished everyone a Merry Christmas. Also Community Development Director Bill Colclasure reported to the Commission upon her behalf in regards to upgrading the public nuisance ordinances; particularly the abandoned vehicle ordinance.
He reported that after he and other staff members visited the City of Moore about their processing of public nuisances in their courts, they found out that Shawnee’s ordinances are obsolete and there are new State laws that allow cities more enforcement.
City Attorney John Canavan stated that he would prepare the new public nuisance ordinance that will comply with the State laws for a future meeting.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (8:55 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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