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, February 2, 2004 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 Vacant
Commissioner Ward 1 Commissioner Ward 2
James Harrod Linda Peterson
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Bob Weaver
Commissioner Ward 4
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 the opening and consideration of bids as set forth in Agenda Item No. 10.
b. Minutes of the January 20, 2004 meeting.
c. Budget Amendments in General Fund and Capital Improvement Fund
d. Transfer of Appropriations in Capital Improvement Fund, Street Improvement Fund and General Fund
e. Acknowledge the following minutes:
* Shawnee Urban Renewal Authority minutes from the January 6, 2004 meeting.
* Planning Commission minutes from the January 7, 2004 meeting.
* Civic and Cultural Development Authority minutes from the December 18, 2003 meeting
f. Lakesite Leases:
Renewals:
Lot 5, Seck Tract Lot 5, Roewe Tract
M. Duwayne & Greta Colvin Gehard Pfaff
540 Lakeside Court 116 Spruce Ave.
Shawnee, OK 74801 Yukon, OK 73099
g. Mayor’s Reappointment:
Shawnee Housing Authority
Reappoint Rebecca K. Carter to a 3-year term to expire 2/4/07
It was noted the minutes of the January 20, 2004 meeting be corrected to read under Agenda Item No. 7 as follows:
Vantage Paving of Oklahoma City’s, bid was incorrectly typed as
$313,500.00 and should be $779,956.00.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Consent Agenda Item No. 1 (a-g), with noted correction, be approved as presented. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver
NAY: None
AGENDA ITEM NO. 2: Presentation by Glenn Burton regarding update on the Shawnee Lake trails.
Mr. Glenn Burton appeared before the Commission to discuss the possibility of the Pottawatomie County Trail Blazers bicycle club building eight miles of trails on a two-mile section along the shoreline of Shawnee Twin Lake No. 2.
It was decided to defer action on this item to the next City Commission meeting.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at 3601 N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a veterinarian hospital with outdoor runs. (Applicant: Dr. Brad Roach) (Planning Commission deferred)
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to defer this item to the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 4848 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the sale of beer for off-premise consumption. (Applicant: Star Fuel Mart, LLC.)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 4848 North Kickapoo with Conditional Use Permit to allow for the sale of beer off-premises.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2132NS was introduced and the title read aloud.
Ordinance No. 2132NS 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 the Southeast Quarter (SE/4), said point being S00°05’03”W a distance of 130.92 feet from the centerline of Interstate Highway 40; thence S00°05’03”W along the east line of said Southeast Quarter (SE/4) a distance of 575.06 feet; thence N89°54’57”W a distance of 63.60 feet to a point on the west right-of-way line of Interstate 40, and the point of beginning; thence N01°09’54”W along the said west right-of-way line a distance of 136.00 feet; thence N89°54’57”W a distance of 225.00 feet; thence S00°05’03”W a distance of 135.97 feet; thence S89°54’57”E a distance of 227.97 feet to the point of beginning; and beginning at the northeast corner of the said Southeast Quarter (SE/4), said point being S00°05’03”W a distance of 130.92 feet from the centerline of Interstate Highway 40; thence S00°05’03”W along the east line of said Southeast Quarter (SE/4) a distance of 575.06 feet; thence N89°54’57”W a distance of 63.60 feet to a point on the west right-of-way line of Interstate 40;
thence N01°09’54”W along said west right-of-way line a distance of 136.00 feet to the point of beginning; thence continuing N01°09’54”W along said west right-of-way line a distance of 74.04 feet; thence N71°55’56”W along the south right-of-way line of said Interstate 40 a distance of 234.86 feet; thence S00°05’03”W a distance of 146.54 feet; thence S89° 54’57”E a distance of 225.00 to the point of beginning; rezoning said property from C-3; Automotive and Commercial Recreation District, to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2132NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing regarding amending the International Fire Code and considering the following ordinances:
Mayor Harden declared a public hearing in session amending the International Fire Code and considering the following ordinances:
No persons appeared to address the ordinances other than staff and the public hearing was closed.
a. Adopting the 2003 edition of the International Fire Code
Ordinance No. 2133NS entitled “An ordinance of the City of Shawnee adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Shawnee; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 1880NS of the City of Shawnee and all other ordinances and parts of the ordinances in conflict therewith; providing for severability and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Sections 1-6 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Peterson, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that Section 7, the emergency clause, be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2133NS duly passed and adopted.
b. Repealing Section 13-1 of Chapter 13 of the City of Shawnee Code regarding the enforcement of the Life Safety Code
Ordinance No. 2134NS entitled “An ordinance of the City of Shawnee repealing Section 13-1 of Chapter 13 of the Code of the City of Shawnee, relating to the adoption and enforcement of the Life Safety Code (NFPA 101, 1997 edition); and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2134NS duly passed and adopted.
c. Amending Section 13-139 of Chapter 13 of the City of Shawnee Code relating to distance requirements for public fireworks displays
Ordinance No. 2135NS entitled “An ordinance amending Section 13-139, of Chapter 13 of the Code of the City of Shawnee, relating to distance requirements for giving pyrotechnic displays of fireworks in public parks or open places and providing for an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Peterson, Claybrook
NAY: None
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2135NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance amending the Shawnee City Code regarding advertising and signs.
Planning Director Mike Southard advised that Commissioner Weaver had requested this item be deferred to the next City Commission meeting.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to defer this item to the next City Commission meeting. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 7: Authorize staff to advertise for bids for water line project from Highland and Pottenger streets to Kickapoo and Burns streets and from Kickapoo Spur to Independence.
City Engineer John Krywicki addressed the Commission with a recommendation to approve Phase 1 of the water line project, from Benedict and Pottenger to Kickapoo and Burns streets for an estimated cost of $583,000 and do the remaining street from Kickapoo Spur to Independence for approximately $451,765. The total estimated cost of the project would cost approximately $l million.
After questions for the Commission whether this project was affordable, City Finance Director Terry Compton made a presentation regarding Shawnee Municipal Authority funds.
Mr. Compton told the Commission that during fiscal year 2003-04, SMA had net operating revenue of $2,205,715, the Debt Service expense came to $1,630,000 and capital outlays were $1,420,412. That left a loss of $844,697 for the fiscal year. Transfers of $1,450,391 to the general fund mostly for water line replacement and other capital items brought the total net loss to $2,295,088, project to leave about $1,042,928 in the account’s reserve fund by June 30, 2004.
A project loss of $2,295,088 for the next fiscal year would leave the fund in the negative of $1,252,160.
Public Works Director James Cole also was involved in the discussion urging the need to fund the project.
It was Commission’s request for the three staff members conduct further research for funding this project and report at the next meeting.
AGENDA ITEM NO. 8: Discuss and consider changing the next City Commission meeting date from February 17, 2004 to February 18, 2004.
It was noted that the annual Chamber of Commerce banquet would be held Tuesday, February 17, 2004.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to change the next City Commission meeting date from February 17, 2004 to February 18, 2004. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 9: Consider renewal of lease with Oklahoma Beagle Club for lease of lake property.
In consideration of renewing the lease with the Oklahoma Beagle Club to renew April 1, 2004, Shawnee Lake Ranger Glen Collins gave a report on the lease with the Club informing that the working relationship had diminished over the years and the Club was not fulfilling its terms of the agreement.
Next, Mr. Randy Smith, Secretary of the Club, spoke to the issues presented and requested the Commission to renew its lease.
Ending discussion, it was City Manager Terry Powell’s recommendation not renew the lease with the Club.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to deny the renewal of lease with Oklahoma Beagle Club
for lease of lake property. Motion carried.
AYE: Claybrook, Downing, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 10: Consider Bids for North Union Street Extension Paving Project (open)
The following bids were opened and read into record.
BIDDER AMOUNT
ML Young Construction, Inc. $358,380.00
Edmond, OK
All Roads Paving, Inc. $193,403.00
Oklahoma City, OK
CP3 Enterprises, Inc. $230,922.25
Maud, OK
Logan County Asphalt Co. $250,892.50
Guthrie, OK
Krapff Reynolds Const. Co. $268,814.10
Oklahoma City, OK
Engineer’s Estimate $229,300.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer the bids for North Union Street Extension Paving Project to the next City Commission meeting. Motion carried.
AYE: Downing, Harrod, Harden, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 11: 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. 12: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 14: Commissioners Comments.
Under Commissioners Comments, Commissioner Peterson reported that she and Commissioner Harrod had attended a youth speak out program at Gordon Cooper Technology Center and she suggested that the youth be involved by adding them to the various boards and committees.
AGENDA ITEM NO. 15: Adjournment.
There being no further business, a motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (8:10 p.m.)
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None
______________________________ MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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