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, June 7, 2004 at 7:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chuck Mills
Mayor
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Janet Peery
First Christian Church (Disciples)
FLAG SALUTE Mayor Mills
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. 18.
b. Minutes of the May 17, 2004 meeting.
c. Transfers of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Shawnee Community Center report for the month of May, 2004
* Shawnee Urban Renewal Authority minutes from the May 4, 2004 meeting
* Civic and Cultural Development Authority minutes from the April 15, 2004 meeting
* Planning Commission minutes from the May 5, 2004 meeting
e. Lakesite Leases:
Renewals:
Lot 10, Magnino Tract
Glen & Tonya Parsons
1309 Cambridge Drive
Shawnee, OK 74804
Lot 3, Eckel Tract
Howard Ellstad
1205 S. Air Depot
Midwest City, OK 73110
Lot 1, Damron Tract
Laurence and Barbara Smith
701 N. Beard
Shawnee, OK 74801
Lot 11, South School Tract
Thomas B. Hennigh
P.O. Box 3157
Shawnee, OK 74802-3157
Lot 2, North School Tract
Owen & Vera Martin
13208 Mapleleaf Drive
Okla. City, OK 73130
Lot 14, 10N, 2E, Metes & Bounds in SE Tract
Cross Timbers Council Camp Fire
111 N. Kickapoo
Shawnee, OK 74801
Lot 3, Mosler Tract
Link Cowen
504 N. Broadway
Shawnee, OK 74801
f. Authorize staff to advertise for bids for asphaltic concrete for use in street and road maintenance.
g. Authorize staff to solicit bids for repair of drainage structure on Kickapoo Street immediately north of Shawnee Mall.
h. Acknowledge Official Certificate of Votes from municipal general election of March 2, 2004 and general run-off election of April 27, 2004.
i. Acknowledge Charter Communication letter regarding Introduction of CableCARD for digital television receivers.
j. Acknowledge Permit Exemption No. WLEX0063041043 for construction of 800 feet of 6” water line to serve Fisher Road, east of Bryan Street.
Before voting on the consent agenda, Items (g) and (j) were pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner O’Neal to approve Consent Agenda Item No. 1 less (g) and (j). Motion carried.
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
Under (g), City Engineer John Krywicki stated that the bridge on Kickapoo Street immediately north of Shawnee Mall had a significant crack and had been closed for repair. He suggested three options as follows: 1) a quick fix for approximately $80,000; 2) replacing the entire structure for $165,000; or 3) preparing the bridge for future 4-laning at a cost of $325,000.
Mr. Krywicki noted that the Sac & Fox Nation possibly would help with a portion (80%) of the bridge replacement cost. Mr. Krywicki further noted that FSB Engineering would prepare the bridge plans and details. It was staff’s recommendation to repair the drainage structure on the Kickapoo Street bridge and widen in preparation of future four-laning of Kickapoo Street. It was also requested that due to the inconvenience of a barricaded bridge in a high traffic area, the 21 day publication requirement be waived to allow for an earlier bid opening.
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, to accept staff’s recommendation to repair the drainage structure on Kickapoo Street and widen for four lanes at approximately $325,000 and to waive the 21 day publication requirement. Motion carried.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
Under item (j), Public Works Director James Cole stated that the extension of 800 feet of 6” water line to serve Fisher Road, east of Bryan Street, would be reimbursed by the property owners.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the extension of the water line. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 2: Consider a resolution nominating Bertha Ann Young to retain her position on the Oklahoma Municipal Retirement Fund board from October 1, 2004 to October 1, 2009.
Resolution No. 6195 was introduced and the title read aloud.
Resolution No. 6195 entitled “A resolution of the City Commission of the City of Shawnee, Oklahoma nominating Bertha Ann Young as a candidate to fill an open position on the Board of Trustees of the Oklahoma Municipal Retirement Fund (OMRF) representing District Four for a five year term beginning October 1, 2004 through October 1, 2009.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to approve retaining Bertha Ann Young on the Oklahoma Municipal Retirement Fund board for the term of October 1, 2004 to October 1, 2009. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 3: Presentation by Mike Crawford of Crawford & Associates regarding annual audit for fiscal year ending 2002-2003.
Mr. Mike Crawford of Crawford & Associates appeared before the Commission and requested that the audit presentation be rescheduled for a future meeting. Mr. Crawford stated that due to the number of other important agenda items to be considered at this meeting, addressing the audit at another meeting would allow more time for explanation and give Commissioners ample time to ask questions. It was noted by Interim City Manager Terry Compton that a Special Called Meeting would be needed for preliminary budget discussions and that the audit could be presented at that meeting as well.
A motion was made by Commissioner Schrzan, seconded by Commissioner Hadley, to hold a Special Called Meeting on June 15, 2004 at 5:30 p.m. for the purpose of presentation and discussion of the audit. Motion carried.
AYE: Schrzan, Hadley, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 4: Consider final acceptance of audit for fiscal year 2002-2003.
Item No. 4 was deferred to the June 15, 2004 Special Called Meeting.
AGENDA ITEM NO. 5: Consider contract with Crawford and Associates to provide auditing services for fiscal year ending June 30, 2004.
Item No. 5 was deferred to the June 15, 2004 Special Called Meeting.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 523 S. Chapman from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for the purpose of on-site consumption of beer. (Applicant: W.G. Wade)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 523 South Chapman for the purpose of on-site consumption of beer.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills 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. 2161NS was introduced and the title read aloud.
Ordinance No. 2161NS was introduced and the title read aloud.
Ordinance No. 2161NS 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 Thirteen (13), Fourteen (14), and Fifteen (15), Block Ten, Inglewood Addition to the City of Shawnee, Pottawatomie County, Oklahoma, 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 Downing, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2161NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 1111 E. 45th from A-1; Agricultural District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for the purpose of a drive-in restaurant on premises. (Applicant: John Winterringer).
Mayor Mills declared a public hearing in session to consider an ordinance located at 1111 East 45th for the purpose of a drive-in restaurant on 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 Mills 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. 2162NS was introduced and the title read aloud.
Ordinance No. 2162NS was introduced and the title read aloud.
Ordinance No. 2162NS 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 described as beginning at a point 150.08 feet N89° 27’04”E and 50 feet S00°42’25”W of the Northwest Corner of the Northwest Quarter (NW/4) of Section 5, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, said point being on the East right-of-way line of Highway #18; thence N89°27’04”E a distance of 250 feet; thence N00°42’25”W a distance of 17 feet; thence N89°27’04”E a distance of 50 feet; thence S00°42’25”E a distance of 317 feet; thence S89°27’04”W a distance of 300 feet; thence N00°42’25”W a distance of 300 feet to the point of beginning
AND
A tract of land described as beginning at a point 150.08 feet N89°27’04”E and 33.00 feet S00°42’25”W of the Northwest Corner of the Northwest Quarter (NW/4) of Section 5, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, said point being of the east right-of-way line of Highway #18; thence N89°27’04”E 250 feet; thence S00°42’25”E 17 feet; thence S89°27’04”W 250 feet; thence N00°42’25”W 17 feet to the point of beginning rezoning said property from A-1; Agricultural 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 Schrzan, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2162NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance closing the right-of-way of a street and retaining a pedestrian easement located in the northwest corner of Bell Street and 9th Street. (Applicant: ERC Development Group)
Mayor Mills declared a public hearing in session to consider an ordinance closing the right-of-way of a street and retaining a pedestrian easement located in the northwest corner of Bell Street and 9th Street.
It was noted the Planning Commission had recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2163NS was introduced and the title read aloud.
Ordinance No. 2163NS was introduced and the title read aloud.
Ordinance No. 2163NS entitled “An ordinance vacating an area of subsurface encroachment of Bell Street and Ninth Street in the City of Shawnee; identifying said area to be vacated; reserving the right to reopen said subsurface area; reserving utilities; surface rights, mineral rights and all other rights specifically set forth; providing for severability and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Peterson, Schrzan, O’Neal, Mills, Hadley, Downing, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2163NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider appeal of Nationwide Advantage Mortgage regarding Administrative Hearing Officer’s demolition order on property located at 609 N. Ione.
Community Development Director Mike Southard appeared before the Commission stating a hearing had been held on April 29, 2004 for property located at 609 North Ione and neither owner nor representative of Nationwide Advantage Mortgage (the mortgage holder) attended. At that time, the hearing officer declared the structure dilapidated, condemned and ordered that it be razed and removed by May 27, 2004.
No one appeared on behalf of Nationwide Advantage Mortgage at the city commission hearing. It was further noted by Mr. Southard that a letter was sent to Nationwide Advantage Mortgage advising them that their appeal would be heard at this city commission meeting.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to accept staff’s recommendation to raze and remove the
AGENDA ITEM NO. 10: Consider selection of health insurance carrier for 2004 – 2005 fiscal year.
Mayor Mills gave a brief explanation regarding time limitations to all parties interested in addressing this item. Aetna representative Stephanie McGinnes spoke first explaining health insurance rates, coverage, and plans. Several Commissioners questioned Ms. McGinnis.
Mr. Greg Wall and Mr. Tony Wall of the Wall Brothers Insurance and J.T. Weedman of the Weedman Group, the City’s Agents of Record, addressed the Commission with a recommendation to switch the current health insurance coverage the city employees have with Aetna to PacifiCare.
Ms. Angela Acree, PacifiCare representative appeared to explain PacifiCare benefits.
Mr. Ken King, president of the Shawnee Police Association and Diane Beesely, a 19-year employee, spoke against returning to PacifiCare. They both expressed concern about PacifiCare and its record with the city in prior years. Also questioned in each of their presentations was the need to retain the Agents of Record.
After more than an hour of discussion, Commissioner Schrzan made a motion, seconded by Commissioner Hadley, to accept PacifiCare as the health insurance for the city employees and keep the Agents of Record. Motion carried.
AYE: Schrzan, Hadley, Peterson, Claybrook, O’Neal, Mills
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 11: Consider an ordinance increasing burial fees at the municipal cemetery.
Ordinance No. 2164NS was introduced and the title read aloud.
Ordinance No. 2164NS entitled “An ordinance relating to the fees of preparation and closing of graves at the municipal cemetery; amending Section 10-11, Chapter 10 of the Code of the City of Shawnee, Oklahoma; increasing the costs of the city opening and closing graves for adults and infants; cremation burials, overtime services, placement of steel vaults and disinterment; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, Peterson, Schrzan, O’Neal, Mills,
NAY: Claybrook, Hadley
Thereupon Mayor Mills declared Ordinance No. 2164NS be duly passed and adopted. Said ordinance will go into effect 30 days from its passage. (July 7, 2004)
AGENDA ITEM NO. 12: Consider approval of contract with International Union of Police Associations for 2004-2005.
Mr. Ken King, President of the Shawnee Police Association, appeared regarding the proposed contract. Mr. King stated that it had been agreed by the parties that the health insurance increase would be split between the City and police personnel.
Subsequent to the City Commission approval, Mr. King will present the proposed contract to the local union for their approval.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the contract with International Union of Police Associations for 2004-2005. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 13: Consider an ordinance amending the project boundary of the Community Development Block Grant Project.
Ordinance No. 2165NS was introduced and the title read aloud.
Ordinance No. 2165NS entitled “An ordinance amending the project boundary of the Community Development Block Grant Project Target Boundary to encompass the following area; repealer; and declaring an emergency.”
A motion was made by Commissioner Hadley, seconded by Vice Mayor Peterson, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Hadley, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
A motion was made by Vice Mayor Peterson and seconded by Commissioner Downing, that Section 2, the emergency clause, be approved. Motion Carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: Hadley
AGENDA ITEM NO. 14: Consider an ordinance establishing penalties for violations of water rationing restrictions.
Questions regarding the enforcement of water rationing violations were directed to Acting Police Chief Conny Clay. Chief Clay stated that the police would enforce this policy if directed to do so but that emergency calls or criminal matters would take priority. City Attorney John Canavan stated that the present water usage plan had not been adopted as an ordinance. He further stated that passing it as an ordinance would allow police more authority in issuing tickets to violators.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that City Attorney John Canavan be authorized to draft an ordinance establishing a water usage plan and penalties for violations of water rationing restrictions. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 15: Consider acceptance of water and sanitary sewer improvements for the Mall East Development and placing maintenance bonds into effect.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to accept the water and sanitary sewer improvements for the Mall East Development and placing maintenance bonds into effect. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
AGENDA ITEM NO. 16: Consider City Manager Review Committee’s final report identifying candidates
A motion was made by Commissioner Claybrook, seconded by Commissioner Hadley, to accept the City Manager Review Committee’s final report naming the following six candidates for the City Manager position and inviting them for an in-person interview: James C. Collard, John M. Rogers, Gary W. Holland, Michael C. Randall, Terry Compton and Robert C. Elliott. Motion carried.
AYE: Claybrook, Hadley, Peterson, Downing, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 17: Consider changing city commission meeting time from 7:00 p.m. to 5:30 p.m.
A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, to change the City Commission meeting time from 7:00 p.m. to 5:30 p.m. Motion carried.
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 18: Consider bids.
a. Seneca Street Project – from Wayne to Sequoyah (award)
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to award the Seneca Street Project to All Roads Paving, Inc., Oklahoma City, Oklahoma, in the amount of $351,032.60 as the lowest and best bid. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
b. Rehab Asphalt Streets Project (open)
BIDDER AMOUNT
APAC-Oklahoma, Inc. $530,256.00
Tulsa, OK
Vantage Paving, Inc. $607,759.00
Oklahoma City, OK
TJ Campbell Construction Co. $747,460.00
Oklahoma City, OK
Engineer’s Estimate $625,960.00
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, that the bids for asphalt streets be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Schrzan, Claybrook, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
c. One or More Full Size Pickups (open)
BIDDER AMOUNT
*Ada Ford $20,710.00
Ada, Oklahoma
(* It was later discovered that the actual bid amount was $12,687.00)
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, that the bids for one or more full size pickups be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Hadley, Claybrook, Schrzan, O’Neal, Mills
NAY: None
ABSTAIN: Peterson
d. Tucker Lift Station Repair (open)
No bids were received.
AGENDA ITEM NO. 19: 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. 20: Administrative Reports.
Interim City Manager Terry Compton advised that the public hearing for the budget will be held June 15, 2004, 5:30 p.m.
Mayor Mills also suggested setting a time to interview the 6 candidates for the City Manager position at the June 15, 2004 Special Called Meeting.
Public Works Director James Cole advised that the lake levels were the same as a week prior and more beaver dams were to be demolished.
AGENDA ITEM NO. 21: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Interim City Manager Terry Compton, withdrew his application from the list of six finalists for the City Manager position. Mr. Compton cited a recent Shawnee News-Star article that he described as “character assassination” in his speech. Mr. Compton further advised that he did not wish to subject his wife or children to any further such political tactics.
AGENDA ITEM NO. 22: Commissioners Comments.
Commissioner Claybrook took the opportunity to say that he had hoped the new publisher of the Shawnee News-Star would have brought more class and professionalism to that organization, but he was sorely mistaken.
Commissioner Schzran expressed his disappointment in Mr. Compton’s withdrawal, and commended him for staying on as city treasurer. He then read from a prepared statement saying he was elected to put politics and personal grudges aside and asked city administration and city staff to share their expertise with Commissioners.
Commissioner O’Neal also expressed her disappointment in Mr. Compton’s decision and wondered if the five remaining city manager candidates would also be subjected to the same financial scrutiny. She further noted the Juneteenth Celebration would be June 11 & 12, 2004 and encouraged everyone to attend.
Mayor Mills expressed disappointment in Mr. Compton’s decision, but said he understood his reasons. He further announced the Art & Wine Festival scheduled for Saturday, June 12, 2004 and encourage everyone to attend.
AGENDA ITEM NO. 23: Adjournment.
There being no further business to come before the meeting, a motion was
made by Commissioner Downing, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried. (11:19 p.m.)
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
AGENDA
SHAWNEE AIRPORT AUTHORITY
JUNE 7, 2004 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
* Minutes of the May 17, 2004 meeting Pgs. 1-2
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
AGENDA
SHAWNEE MUNICIPAL AUTHORITY
JUNE 7, 2004 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
* Minutes of May 17, 2004 meeting Pgs. 1-2
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
AGENDA NOTES
BOARD OF CITY COMMISSIONERS
JUNE 7, 2004 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
CALL TO ORDER
DECLARATION OF A QUORUM
INVOCATION
FLAG SALUTE
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. 18.
b. Minutes of the May 17, 2004 meeting Pgs. 1-22
c. Transfers of Appropriations in General Fund Pgs. 23-25
d. Acknowledge the following reports and minutes:
* Shawnee Community Center report for the month of May, 2004 Pgs. 26-27
* Shawnee Urban Renewal Authority minutes from the May 4, 2004 meeting Pgs. 28-31
* Civic and Cultural Development Authority minutes from the April 15, 2004 meeting Pgs. 32-40
* Planning Commission minutes from the May 5, 2004 meeting Pgs. 41-45
e. Lakesite Leases: Pgs. 46-72
Renewals:
Lot 10, Magnino Tract
Glen & Tonya Parsons
1309 Cambridge Drive
Shawnee, OK 74804
Lot 3, Eckel Tract
Howard Ellstad
1205 S. Air Depot
Midwest City, OK 73110
Lot 1, Damron Tract
Laurence and Barbara Smith
701 N. Beard
Shawnee, OK 74801
Lot 11, South School Tract
Thomas B. Hennigh
P.O. Box 3157
Shawnee, OK 74802-3157
Lot 2, North School Tract
Owen & Vera Martin
13208 Mapleleaf Drive
Okla. City, OK 73130
Lot 14, 10N, 2E, Metes & Bounds in SE Tract
Cross Timbers Council Camp Fire
111 N. Kickapoo
Shawnee, OK 74801
Lot 3, Mosler Tract
Link Cowen
504 N. Broadway
Shawnee, OK 74801
f. Authorize staff to advertise for bids for asphaltic concrete for use in street and road maintenance. Pg. 73
g. Authorize staff to solicit bids for repair of drainage structure on Kickapoo Street immediately north of Shawnee Mall. Pgs. 74-75
h. Acknowledge Official Certificate of Votes from municipal general election of March 2, 2004 and general run-off election of April 27, 2004. Pgs. 76-80
i. Acknowledge Charter Communication letter regarding Introduction of CableCARD for digital television receivers. Pg. 81-82
j. Acknowledge Permit Exemption No. WLEX0063041043 for construction of 800 feet of 6” water line to serve Fisher Road, east of Bryan Street. Pgs. 83-85
2. Consider a resolution nominating Bertha Ann Young to retain her position on the Oklahoma Municipal Retirement Fund board from October 1, 2004 to October 1, 2009. Pgs. 86-87
3. Presentation by Mike Crawford of Crawford & Associates regarding annual audit for fiscal year ending 2002-2003.
4. Consider final acceptance of audit for fiscal year 2002-2003.
5. Consider contract with Crawford and Associates to provide auditing services for fiscal year ending June 30, 2004. Pgs. 88-99
6. Public hearing and consider an ordinance rezoning property located at 523 S. Chapman from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for the purpose of on-site consumption of beer. (Applicant: W.G. Wade) Pgs. 100-112
The Planning Commission recommends approval of the Conditional Use Permit in the C-3 District for a bar serving beer and 3.2 grade drinks. No conditions were place other than limiting the types of alcohol sold.
7. Public hearing and consider an ordinance rezoning property located at 1111 E. 45th from A-1; Agricultural District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for the purpose of a drive-in restaurant on premises. (Applicant: John Winterringer). Pgs. 113-123
The Planning Commission recommends rezoning the property from A-1 to C-3 and granting a conditional use permit to locate a drive-in restaurant on this site. There were no protests and the property will have to be platted in the near future.
8. Public hearing and consider an ordinance closing the right-of-way of a street and retaining a pedestrian easement located in the northwest corner of Bell Street and 9th Street. (Applicant: ERC Development Group). Pgs. 124-139
The Planning Commission recommends closing the rights-of-way where the basement extends under the sidewalk and retaining a pedestrian easement along the sidewalk. This is the same method that was used to bring the Masonic Building into full compliance with the zoning code.
9. Consider appeal of Nationwide Advantage Mortgage regarding Administrative Hearing Officer’s demolition order on property located at 609 N. Ione. Pgs. 140-144
The mortgage holder is requesting time to sell this property. Both the owner and Nationwide Advantage Mortgage were notified in writing on April 14, 2004 of the April 29th hearing. No one attended the hearing and the hearing officer declared the structure dilapidated, condemned it and ordered that it be razed and removed by May 27th. If the Commission grants additional time to renovate the dwelling, staff recommends a tight time frame for construction (no more than 90 days). The dwelling should be secured immediately.
10. Consider selection of health insurance carrier for 2004 – 2005 fiscal year.
11. Consider an ordinance increasing burial fees at the municipal cemetery. Pgs. 145-148
12. Consider approval of contract with International Union of Police Associations for 2004-2005. Pgs. 149-152
13. Consider an ordinance amending the project boundary of the Community Development Block Grant Project. Pgs. 153
The Shawnee Urban Renewal Authority recommends extending the CDBG Target Area to match the city limits. No public comments were received during the public hearing process. This will allow low and moderate-income households north of Wallace/Remington and other areas not currently served to apply for owner-occupied rehabilitation grants.
14. Consider an ordinance establishing penalties for violations of water rationing restrictions. Pgs. 154
15. Consider acceptance of water and sanitary sewer improvements for the Mall East Development and placing maintenance bonds into effect.
The Shawnee Mall East development immediately east of the new Wal-Mart building required the extension of sanitary sewer and water lines to serve their development. The improvements have been satisfactorily installed in accordance with City of Shawnee standards and specification, and are ready for acceptance by the City Commission, thereby placing the maintenance bonds into effect. The costs of the improvements were 100% paid by the developer.
16. Consider City Manager Review Committee’s final report identifying candidates.
17. Consider changing city commission meeting time from 7:00 p.m. to 5:30 p.m.
18. Consider bids: Pgs. 155-164
a. Seneca Street Project – from Wayne to Sequoyah (award)
b. Rehab Asphalt Streets Project (open)
c. One or More Full Size Pickups (open)
d. Tucker Lift Station Repair (open)
19. New Business (Any matter not known about or which could not have been reasonably foreseen
prior to the time of posting agenda)
20. Administrative Reports
21. Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)
22. Commissioners Comments
23. Adjournment
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