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, Tuesday, January 21, 2003 at 7:00 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 Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Bob Searl
University Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item No. 14.
b. Minutes of January 6, 2003 meeting
c. Budget Amendments in 2001 Home Grant Fund and Library Fund
d. Transfer of Appropriations in General Fund
e. Acknowledge the following reports and minutes:
* Sales Tax Report through January, 2003
* Utility Division Report for the month of December, 2002
* Building Inspector Report for the month of December, 2002
* City Clerk Report for the month of December, 2002
* Shawnee Community Center report for the month of December, 2002, Quarterly Report for October, November, and December, 2002 and yearly report for 2002.
* Planning Commission minutes from the December 4, 2002 meeting.
* Shawnee Urban Renewal Authority minutes from the December 17, 2002 meeting.
* Shawnee Beautification Committee minutes from the November 4, and December 2, 2002 meetings.
* Shawnee Public Library Board minutes from the October 8, 2002 meeting.
* Sister Cities Council minutes from the November 12, 2002 meeting.
f. Lakesite Lease Renewal:
Lot 3 Damron Tract
George & Linda Newman
33707 Belcher
Shawnee, OK 74801
g. Approve out-of-state travel for Brian Woodall to attend AWPA fleet management training session in Austin, Texas April 24-25, 2003
h. Approve Application for Contribution Refund lump sum distribution from Oklahoma Municipal Retirement Fund to Robin G. Young.
i. Mayor’s Appointments
Community Action Contracts Review Committee
Appoint Marta Land to replace Jim Sims
Citizen’s Advisory Committee
Appoint Sid Clarke to replace Glenn Edwards to a term to expire 5/3/04
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that Consent Agenda Item No. 1, a-i, inclusive, be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
Personnel Director Dave Chesher, on behalf of City Manager Terry Powell, presented a plaque and gift certificate to Julious Coleman, Parks Department for his work at the airport, as the January employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Presentation of annual report of the Shawnee Economic Development Foundation by Marion McMillan.
Mr. Bob Jones, President/CEO for the Shawnee Economic Development Foundation, presented the 2002 Annual Report of Activities and the Five Year Economic Development Action Plan 2003 through 2007.
He distributed the report and gave a summary in the four areas: 1) major initiatives; 2) expansion and retention of established industry; 3) infrastructure and facilities; and 4) marketing and marketing support areas.
Some of the areas Mr. Jones highlighted were the road projects for the industrial park, participation in the aviation trade show in Atlanta, Georgia where proposals were made to three aviation prospects; financial reports; and he outlined the five-year plan for present and future needs.
In conclusion, Mr. Jones extended his appreciation to the Commission for its support and promotion of economic development for Shawnee.
AT THIS TIME THE COMMISSION DEVIATED FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEM NO. 9:
AGENDA ITEM NO. 9: Presentation by City Treasurer Terry Compton regarding mid-year financial report.
City Treasurer Terry Compton gave a presentation on the city’s mid-year finances informing the Commission that in reviewing the budget, the City needed to cut six to eight percent of its general fund expenditures to avoid going into deficit spending in the next fiscal year.
He reported that although the recent sales tax was up, the overall collections through the end of this fiscal year would be under projected revenues.
The reported revealed that 30% of the operating budget was for maintenance and operations and 70% was personnel services. He pointed out that one of the pending issues was that health insurance would be increasing by 20% to 30%.
Mr. Compton informed the Commission that city staff was taking steps to cut costs such as limiting overtime.
In discussion, Commissioners discussed a possible hiring freeze and recommended that Mr. Compton and department heads proceed to find ways to cut costs then present those options at the next City Commission meeting.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 806 E. Grant from R-1; Single Family Residential District to C-1; Neighborhood Commercial District for use as a Head Start facility. (Applicant: Central Tribes of Oklahoma)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 806 East Grant for use as a Head Start facility.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
It was noted that the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2081NS was introduced and the title read aloud.
Ordinance No. 2081NS 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 One (1), Two (2), Three (3), Four (4), Five (5), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), and Sixteen (16), Block Forty-Nine (49), Beverly Hills Addition to the City of Shawnee, Pottawatomie County, Oklahoma, less and except a tract 10’ X 15’ in the Northwest Corner (NW/C) of Lot Eleven (11) according to the recorded plat thereof rezoning said property from R-1, Single Family Residential District to C-1, Neighborhood Commercial District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2081NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 2232 E. Highland from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District for use as a storage facility. (Applicant: Steven Matthews)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 2232 East Highland for use as a storage facility.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
It was noted that the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2082NS was introduced and the title read aloud.
Ordinance No. 2082NS 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: A tract of land beginning at a point 125 feet west of the southeast corner of Lot Twenty-Seven (27), Remington-Beard Addition to Shawnee, Pottawatomie County, Oklahoma; thence North 130 feet; thence West 15 feet; Thence North 150 feet; thence East 140 feet; thence North 7 feet; thence West 350.5 feet thence South 7 feet; thence East 60 feet; thence South 280 feet; thence East 165.5 feet to the point of beginning, less the South 5 feet of the East 65 feet to the West 125 feet of Lot 27; rezoning said property from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2082NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 1416 N. Harrison from C-1; Neighborhood Commercial District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a restaurant permitting on-premise consumption of beer and alcohol. (Applicant: Wan Fei Lu)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1416 N Harrison for use as a restaurant permitting on-premise consumption of beer and alcohol.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
It was noted that the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2083NS was introduced and the title read aloud.
Ordinance No. 2083NS 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: Beginning at the Northeast Corner of Block Two (2) Yates Addition to the City of Shawnee, Pottawatomie County, Oklahoma; thence West 200 feet; thence South 215 feet; thence East 200 feet; thence North 134.44 feet; thence West 147 feet; thence North 25 feet; thence East 147 feet; thence North 55.56 feet to the point of beginning, according to the recorded plat thereof rezoning said property from zoning classification C-1; Neighborhood Commercial District to C3-P; Automotive and Commercial Recreation District with conditional use permit and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2083NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 100 S. Kennedy from I-2; Light Industrial District and R-2; Two Family Residential District to R-3; Multi-Family Residential District for use as an apartment complex. (Applicant: Farnam Group Resources, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 100 S. Kennedy for use as an apartment complex.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request.
It was noted that the Planning Commission had recommended denial of the rezoning application and formal written protests had been filed with the City Clerk.
The city staff also recommended denial based on the proposed development conflicts with the Comprehensive Plan.
The public hearing was opened and several persons appeared for and against the rezoning.
First to appear in favor of the rezoning was Mr. James G. Hamlin, representing the applicant, the Farnam Group Resources, Inc.
Mr. Hamlin told the Commission that the Farnam Group had planned to offer quality residential housing with affordable rents. The 54-unit, two and three bedrooms, would be fully equipped, swimming pool; and playground.
Ms. Diane Canavan, Shawnee School Board member, appeared in favor of the housing development, stating that there was a need for basic housing; and with the increased ad valorem taxes it would benefit the schools.
Also Ms. Winnie Lynn, owner of the property, appeared in favor of the rezoning.
Appearing against the rezoning were:
Mr. Raymond Belford, Comptroller and representative of Al-Ko Kober Corporation, area industry, appeared to voice safety concerns regarding the mixed increase of truck and residential traffic on the industrial access road. It could also jeopardize the company’s future expansion; and the undeveloped property would be less attractive for future industrial prospects.
Mr. Belford noted that the industry was not opposed to housing, but was opposed to the location since the area was considered industrial use.
Ms. Rhonda Ortiz, property manager of Chapel Ridge Apartments on 45th Street north Shawnee area, voiced opposition to the rezoning.
After the public hearing was closed, the Commission discussed at length pros and cons on this item.
Commissioner Harrod urged the Commission to deny the rezoning request citing traffic safety issues; sufficient housing available; particularly when the 70-unit Aldridge Hotel rehabilitation application has been in the process for funding consideration by the Oklahoma Housing Finance Agency; and that the area should remain an industrial park.
After due and careful consideration, Ordinance No. 2084NS was introduced and the title read aloud.
Ordinance No. 2084NS 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: A tract land lying in the Southeast Quarter (SE/4) of Section 24, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as: Beginning at a point 290.00’ N89°56’15”E and 538.96’ S00°20’15”W of the Northwest Corner of the said Southeast Quarter (SE/4); thence N89°56’15”E for a distance of 400.18’; thence S83°23’07”E for a distance of 71.26’; thence S87°07’19”E for a distance of 24.00’; thence S87°32’51”E for a distance of 30.41’; thence S65° 23’30”E for a distance of 115.67’; thence S00°30’16”W for a distance of 666.50’; thence S89°27’00”W for a distance of 140.00’; thence N00°33’00”W for a distance of 75.00’; thence S89°27’00”W for a distance of 87.40’; thence N00°20’15”E for a distance of 629.61’ to the point of beginning rezoning said property from zoning classification I-2; Light Industrial District to R-3, Multi-Family Residential District, and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section l, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harden
NAY: Harrod
Thereupon Mayor Harden declared Ordinance No. 2084NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 1725 E. MacArthur from A-1; Agricultural District to RE; Residential Estates District for use as single-family residential dwelling. (Applicant: Dixie Byerly)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1725 East MacArthur for use as single-family residential dwelling.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
It was noted that the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2085NS was introduced and the title read aloud.
Ordinance No. 2085NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: A tract of land described as beginning at a point 1118.32 feet N89°56’36”E of the Northwest Corner of the Northeast Quarter (NE/4) of Section 8, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence N89°56’36”E for a distance of 208.37 feet; thence S02°16’10”W for a distance of 259.38 feet; thence S89°56’36”W for a distance of 198.39 feet; thence N00°03’24”W for a distance of 259.17 feet to the point of beginning and rezoning said property from A-1, Agricultural District to RE; Residential Estates and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2085NS duly passed and adopted.
AGENDA ITEM NO. 9 HEARD EARLIER IN MEETING.
AGENDA ITEM NO. 10: Consider request from Richard M. Nowlin to waive public nuisance lien on property located at 408 N. Bryan.
It was staff’s recommendation to deny Mr. Nowlin’s request to waive the lien on property located at 408 N. Bryan since city staff had completed its transactions in order and in a timely manner.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to waive $100, the city’s administrative fee, of the $180 public nuisance lien on property located at 408 N. Bryan. Motion failed.
AYE: Weaver, Pettyjohn, Harrod
NAY: Harden, Peterson, Downing, Claybrook
AGENDA ITEM NO. 11: Consider approval of change order regarding Kickapoo Water Line Project.
Public Works Director James Cole referred to his memorandum in the agenda packet explaining about the change order that was being requested by city staff to fix the waterlines due to numerous breaks occurring in that area.
He advised that Kickapoo waterline project would have an overrun of the original contract due to additional backfill for concrete replacement and additional valves to tie the line into the existing line.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the $6,800 change order for the Kickapoo waterline project. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider approval of repairs to property located at 1215 N. Kickapoo (Steve’s Body Shop).
Again, Public Works Director James Cole reported that in relation to the Kickapoo waterline repairs, staff was also requesting approval to replace the concrete driveway at Steve’s Body Shop that has been undermined on several occasions due to the numerous main breaks occurring between Burns Street and Kickapoo Spur.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve expending approximately $20,000 for the replacement of concrete pavement for Steve’s Body Shop located at 1215 N. Kickapoo. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 13: Consider recommendations from Community Service Contracts Review Committee regarding contract with Central Oklahoma Community Action Agency for operation of Shawnee Community Center and Summer Youth Program.
City Treasurer/Finance Director Terry Compton presented a financial report regarding the Central Oklahoma Community Action Agency (COCAA) and the city’s financial support of the agency.
He informed the Commission that in light of the budget concerns, it was the Community Service Contracts Review Committee’s recommendation that funding be cut to the program for next year. They were recommending to fund for the remaining fiscal year $20,190.00 from February 1, 2003 to June 30, 2003, for the scheduling and cleaning of the Shawnee Community Center and Municipal Auditorium.
Further, all cleaning and maintenance supplies shall be requisitioned through the City of Shawnee and that the summer youth program for 2003, which had evolved and not part of the original contract, would not be funded.
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to approve the recommendations from the Community Service Contracts Review Committee regarding the funding to Central Oklahoma Community Action Agency for operation of the Shawnee Community Center and the Shawnee Municipal Auditorium. Motion carried.
AYE: Claybrook, Peterson, Downing, Pettyjohn, Harden, Weaver
NAY: Harrod
AGENDA ITEM NO. 14: Consider Bids.
a. North Union Street Extension Paving Project (award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve staff’s recommendation to award the North Union Street Extension Paving Project to Vantage Paving, Inc., Oklahoma City, Oklahoma, in the amount of $201,567.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
b. One or more 2003 ½ ton pickup trucks (open)
The following bids were opened and read into record.
Bidder Amount
Joe Cooper Ford $14,277.00
Shawnee, OK
Brackeen Motors, Inc. $14,470.00
Shawnee, OK
Harvey’s, Inc. $14,220.00
Shawnee, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the bids for one or more 2003 ½-ton Pickup Trucks be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 15: New Business. Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business to be considered.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 17: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Bill Currens, associated with COCAA and citizen, requested the Commission to consider in the future a citywide youth program.
Mrs. Anna Brown, 814, South Bell, asked who owned the property where it once had been used as the city’s landfill in the area on south Union Street. City staff would check into the matter.
AGENDA ITEM NO. 18: Commissioners’ Comments.
Under Commissioners’ Comments, the following Commissioners had inquiries and requests for staff:
*Commissioner Weaver requested the status of the installation of restrooms at Shawnee Kidspace Park by the next regular meeting.
*Commissioner Harrod inquired who determines changing the speed limit signs on Highway 18 in which he had some complaints from citizens.
*Commissioner Pettyjohn requested staff check the roughness of the railroad tracks westbound on Independence Street immediately west of Buford White Lumber Company.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:14 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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