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, August 16, 2004 at 5:30 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 Milo Steffen
First Christian Church
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. 15.
b. Minutes of the August 2, 2004 meeting.
c. Budget amendments in 2003 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund, 2001 CDBG Entitlement Grant Fund, 1999 CDBG Entitlement Grant Fund and 2002 Home Grant Fund.
d. Transfer of Appropriations in General Fund, Street Improvement Fund, Shawnee Municipal Authority and Shawnee Airport Authority.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through August, 2004
* Utility Division Report for the month of July, 2004
* City Clerk report for the month of July, 2004
* Shawnee Community Center report for the month of July, 2004
* Shawnee Urban Renewal Authority minutes from the July 20, 2004 meeting
* Planning Commission minutes from the July 7, 2004 meeting.
* Sister Cities Council minutes from the July 13, 2004 meeting
* Civic and Cultural Development Authority minutes from the June 17, 2004 meeting
f. Lakesite Lease:
Renewal:
Lot 8, Coffman Tract
M.W. Brooks, Jr.
P.O. Box 15347
Del City, OK 73115
Transfers:
Lot 8, North School Tract
To: Marvin & Sharon Clark
2632 S.W. 90th Place
Okla. City, OK 73159
From: Tommy & Janet Williams
2531 Weedn Blvd.
Purcell, OK 73080
Lot C, North School Tract
To: Ronald J. Spears
933 Pruitt Dr.
Okla. City, OK 73170
From: Mark & Leilani Rose
7104 Lakefront Drive
Midwest City, OK 73132
g. Approve Resolution No. 6203 the Official Ballot casting a vote for Cathy Keller as Trustee of the Oklahoma Municipal Retirement Fund.
h. Acknowledge letter from United States Senate recognizing Shawnee as a Tree City USA for 2004 by the National Arbor Foundation.
Before voting on the consent agenda, City Manager Jim Collard requested to table 1(d); to allow more time to review.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve Consent Agenda Item No. 1, except (d) that was tabled to the September 7, 2004 meeting and correct page 5 of the August 2, 2004 minutes omitting Mayor Mills name. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 2: Welcome by Mayor Mills on behalf of the City of Shawnee to City Manager Jim Collard.
Mayor Mills on behalf of the City of Shawnee welcomed new City Manager Jim Collard and stated he brings a great level of experience with an open policy to the City.
The Commission deviated from the formal agenda and considered Agenda Item No. 4.
AGENDA ITEM NO. 4: Presentation of annual report by Gordonna Rowell of Convention and Visitors Bureau.
Ms. Gordonna Rowell, Convention and Visitors Bureau Director, presented the FY 2004 annual report.
She distributed the report to the Commission and gave an overview of the year’s activities that included reports on lodging surcharge, promotional and marketing strategies, and budget. Also included in the report was the Marking Plan for FY 2005.
Ms. Rowell noted that with the recent passage of the ordinance amending the lodging surcharge from $1 to 5%, it would provide the needed operating income necessary to adequately promote Shawnee.
The Commission returned to the formal agenda and considered Agenda Item No. 3.
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month (Rachel Reavis, Customer Service Supervisor).
City Manager Jim Collard presented a plaque and gift certificate to Rachel Reavis, Customer Service Supervisor, as the August employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 5: Presentation by Reverend Cliff Briscoe regarding a day home for the homeless and the Simon Peter ministry.
Reverend Cliff Briscoe, Living Word Church at 3831 N. Kickapoo, gave an update regarding a day home for the homeless, the Simon Peter Ministry, and the youth activities.
Mayor Mills thanked Reverend Briscoe for the church’s continued outreach program in the community.
AGENDA ITEM NO. 6: Consider appeal of Jack Cupp of the Administrative Hearing Officer’s order regarding property located at 633 W. Dewey.
Community Development Director Mike Southard reported that as the Hearing Officer, at the third hearing on July 22, 2004, he condemned the structure at 633 West Dewey and ordered that it be razed and removed. He informed that the owner, Mr. Jack Cupp, had not completed the six items left on the punch list.
Mr. Kermit Milburn, Attorney representing Mr. Jack Cupp, appeared before the Commission requesting that Mr. Cupp be allowed more time to complete the work.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to allow Mr. Cupp an additional sixty (60) days to complete the requirements on the punch list to comply with City Codes and
call for a final inspection. Motion carried.
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 7: Consider appeal of Ronnie Golden of the Administrative Hearing Officer’s decision regarding property located at 431 N. Aydelotte.
Community Development Director Mike Southard reported that at a hearing held July 29, 2004, the Hearing Officer ordered the structure at 431 North Aydelotte be condemned and ordered to be razed and removed.
The owner, Mr. Ronnie Golden, failed to adhere to a previous order to obtain a rehab permit by June 1, 2004 and also did not clear the lot of trash and debris within 10 days.
The permit has not been obtained as of yet, nor has the property been cleaned.
Mr. Ronnie Golden appeared before the Commission requesting the Commission reconsider the Administrative Hearing Officer’s decision to condemn and remove his property at 431 North Aydelotte.
Upon discussion, it was determined that the city inspector and the owner meet at the property to conduct an overview and a punch list be prepared for items to be completed.
A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, to defer this item to the next meeting to allow city staff time to conduct an inspection and make a punch list to review with owner. Motion carried.
AYE: Peterson, Schrzan, O’Neal, Mills, Hadley, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 7906 N. Kickapoo from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit to allow a manufactured home on location. (Applicant: Claude & Sammie Davidson)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 7906 North Kickapoo to allow a manufactured home on location.
It was noted the Planning Commission had recommended approval of the application for a 5-year term. 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 request.
Mr. Claude Davidson, applicant, appeared before the Commission. There were no others to appear and the public hearing was closed.
After due and careful consideration, Ordinance No. 2172NS was introduced and the title read aloud.
Ordinance No. 2172NS 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: The South Half of the North Half of the Northeast Quarter of the Northeast Quarter (S/2 N/2 NE/4 NE/4) and the North Half of the South Half of the Northeast Quarter of the Northeast Quarter (N/2 N/2 NE/4 NE/4) of Section 24, Township 11 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, rezoning said property from A-1, Agricultural District, to A-IP, Agricultural District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly. Said rezoning to expire in five (5) years.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2172NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property located at 1701 Airport Drive from R-3; Multi-Family Residential District and C-3; Automotive and Commercial Recreation District to Planned Unit Development (PUD) with mixed zoning to permit commercial and multi-family residential development. (Applicant: Terry Carty/Carland Development)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 1701 Airport Drive to permit commercial and multi-family residential development.
It was noted the Planning Commission had recommended approval of the application 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 request. Mr. Terry Carty, applicant, appeared on behalf of his application. No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2173NS was introduced and the title read aloud.
Ordinance No. 2173NS 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 located in the Southeast Quarter (SE/4) of Section 12, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Commencing at the Southeast Corner (SE/C) of the said Southeast Quarter (SE/4); thence N00º12’09”E a distance of 720.00 feet; thence S89º57’05”W a distance of 273.00 feet; thence S88º42’28”W a distance of 168.56 feet to the point of beginning; thence S88º42’28”W a distance of 16.25 feet; thence S89º57’05”W a distance of 380.00 feet; thence S00º12’09”W a distance of 90.00 feet; thence S89º57’05”W a distance of 234.85 feet; thence N00º12’09”E a distance of 94.02 feet; thence S89º57’05”W a distance of 50.11 feet; thence N00º12’35”E a distance of 604.42 feet; thence N89º53’06”E a distance of 680.96 feet; thence S00º12’09”W a distance of 608.88 feet to the point of beginning...AND...A tract of land located in the Southeast Quarter (SE/4) of Section 12, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at a point 1123.00 feet S89º57’05”W and 720.01 feet N00º13’35”E of the Southeast Corner (SE/C) of the said Southeast Quarter (SE/4); thence S89º57’05”W a distance of 200.00 feet; thence N00º13’35”E a distance of 604.19 feet; thence N89º53’06”E a distance of 200.00 feet; thence S00º13’35”W a distance of 604.42 feet to the point of beginning…AND…A tract of land located in the Southeast Quarter (SE/4) of Section 12, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at a point 960.00 feet N00º12’09”E of the Southeast Corner (SE/C) of said Southeast Quarter (SE/4); thence S89º57’05”W a distance of 273.00 feet; thence S00º12’09”W a distance of 240.00 feet; thence S88º42’28”W a distance of 168.55 feet; thence N00º12’09”E a distance of 608.88 feet; thence N89º53’06”E a distance of 147.62 feet; thence S00º12’09”W a distance of 209.69 feet; thence N89º57’05”E a distance of 293.88 feet; thence S00º12’09”W a distance of 155.69 feet to the point of beginning; rezoning said property from R-3; Multi-family Residential District and C-3; Automotive and Commercial Recreation District to Mixed Use P.U.D.; Planned Unit Development District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2173NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider approval of final plat of “Legacy Park” located at 1701 Airport Drive. (Applicant: Terry Carty/Carland Development).
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to approve the final plat of “Legacy Park” located at 1701 Airport Drive. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson, Dowing
NAY: None
AGENDA ITEM NO. 11: Consider approval of the preliminary plat of the Orchards II Addition located south of Bradley and east of Center. (Applicant: JW. Burnley of Shared Funding LLC).
City staff noted that the Planning Commission had recommended approval of the preliminary plat of the Orchards II Addition with certain stipulations. The requirements are made a part of the motion.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve the preliminary plat of the Orchards II Addition located south of Bradley and east of Center with the requirement that the developer loop the water line back to Bradley Street and better drainage information be provided to the City Engineer prior to construction as recommended by the Planning Commission. Motion carried.
AYE: Peterson, Schrzan, O’Neal, Mills, Hadley, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider approval of the final plat of Section I, Kickapoo and I-40 Commercial Center located at the Northwest Corner of Kickapoo and 45th Streets. (Applicant: State School Land Trust).
City staff noted that the Planning Commission had recommended approval of the final plat of Section I, Kickapoo and I-40 Commercial Center with certain stipulations. The requirements are made a part of the motion.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to approve the final plat of Section I, Kickapoo and I-40 Commercial Center located at the Northwest Corner of Kickapoo and 45th Street pending filing of the perimeter and utility easements as recommended by the Planning Commission. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
AGENDA ITEM NO. 13: Consider an ordinance relating to possession or sale of drug related paraphernalia.
The Municipal Court prosecutor had requested the following ordinance.
Ordinance No. 2174NS was introduced and the title read aloud.
Ordinance No. 2174NS entitled “An ordinance relating to possession or sale of drug related paraphernalia in the City of Shawnee; creating a new sub-section 20-39 Chapter 20 of the Code of the City of Shawnee, Oklahoma providing for severability and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Claybrook, 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 carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2174NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider directing staff to proceed with the termination of lease at Belcher Tract, Lot 5 at Shawnee Lake.
Community Development Director Mike Southard presented the staff report on behalf of Code Enforcement regarding lakesite lease, Belcher Tract, Lot 5.
He reported that city staff has dealt with numerous complaints over several years from adjoining lessees regarding disturbing the peace, intimidation and harassment from Greg Mace, the occupant. The site has many violations from junk and debris, deer carcass, to not getting a building permit for addition to the trailer house.
It was staff’s recommendation to terminate the lease with the current lease holder, Mr. Don Mace, who is the father of the occupant.
City Attorney John Canavan advised the Commission that the two forms of process would be to bring it before the Commission for a public hearing and the other option would be for staff to send a thirty-day (30) eviction notice for heath and safety concerns.
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to authorize staff to proceed with the termination of Belcher Tract, Lot 5, Shawnee Twin Lakes. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
AGENDA ITEM NO. 15: Consider Bids.
a. Shawnee Regional Airport Security Fencing
(deferred from 8/2/04 meeting)
It was the recommendation of the Horizon Engineering, Inc., consultant, to award the bid to Resource Builders subject to a supplemental grant from the Federal Aviation Administration (FAA) in the amount of $45,600.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the bid for Shawnee Regional Airport security fencing be awarded to Resource Builders, LLC, Edmond, Oklahoma, in the amount of $165, 928.00 as the lowest and best bid subject to receiving a grant from FAA. Motion carried.
AYE: Downing, Mills, Hadley, Peterson, Claybrook, Schrzan, O’Neal
NAY: None
b. Surplus vehicles (open)
The following bids were opened and read into record seeking the highest bid for surplus vehicles: (*=highest bid)
1977 Ford 2-Ton (#0646)
BIDDER AMOUNT
S & S Auto $425.50
David Torrans $301.00
Richard Jones $251.00
Michael Barksdale $695.00*
Howard Bugg $102.00
1981 Chevrolet (#2443)
S & S Auto $1,000.50*
David Torrans $ 706.00
Sam Hardin $ 501.00
Tom Smith $ 400.00
Richard Jones $ 651.00
Michael Barksdale $ 500.00
Terry Chancellor $ 500.00
Paul Wise $ 250.00
Doug Buss $ 350.00
Joe Buckcanon $ 502.25
Howard Bugg $ 302.00
1992 Ford Crown Victoria (#2401)
S & S Auto $352.50*
David Torrans $306.00
Jerry Stretch $306.00
Doug Buss $300.00
Howard Bugg $102.00
1998 Chevrolet Suburban (#2912)
S & S Auto $1,852.50
David Torrans $1,606.00
David Thompson $2,081.56*
D & R Import $1,766.00
Sam Hardin $ 601.00
Jerry Stretch $ 405.00
Richard Jones $ 301.00
Michael Bardksdale $ 750.00
David Jett $1,250.00
Johnny Washburn $ 991.00
Howard Bugg $ 502.00
1990 Ford Crown Victoria (#1946)
S & S Auto $ 50.25
David Torrans $ 86.00
Richard Jones $ 40.00
Doug Buss $350.00*
Howard Bugg $ 42.00
1994 Chevrolet Corsica (#1980)
S & S Auto $150.50
David Torrans $351.00
Jerry Strech $306.00
Michael Barksdale $510.00
Terry Chancellor $800.00*
Johnny Washburn $766.00
Paul Wise $250.00
Doug Buss $350.00
Howard Bugg $102.00
1985 GMC 4 X 4 Sierra 1500 (#1671)
S & S Auto $1,253.50*
David Torrans $ 306.00
David Thompson $ 756.00
Sam Hardin $ 601.00
Richard Jones $ 251.00
Terry Chancellor $ 100.00
Doug Buss $ 350.00
Joe Buckcanon $ 488.05
Howard Bugg $ 502.00
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal to award the surplus vehicles to the highest bidders as follows:
1977 Ford 2-Ton (#0646), Michael Barksdale $ 695.00
1981 Chevrolet (#2443), S&S Auto 1,000.00
1992 Ford Crown Victoria (#2401), S&S Auto 352.50
1998 Chev. Suburban (#2912), David Thompson 2,081.56
1990 Ford Crown Victoria (#1946), Doug Buss 350.00
1994 Chevrolet Corsica (#1980), Terry Chancellor 800.00
1985 GMC 4 X 4 Sierra 1500 (#1671), S&S Auto 1,253.50
Motion carried.
AGENDA ITEM NO. 16: 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.
AGENDA ITEM NO. 17: Administrative Reports.
Under Administrative Reports, Public Works Director James Cole reported that due to the recent rains the lake level had a slight increase.
AGENDA ITEM NO. 18: Citizens Participation. A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Jim Russell, Chairman of the Shawnee Handicap Coalition, appeared before the Commission to ask if the city had a grievance procedure policy and a contingency plan in accordance to American with Disabilities Act (ADA) requirements.
He informed that had filed 197 complaints to Action Center and Code Enforcement for sidewalk violations.
He asked the Commission to address his issue at the next City Commission meeting.
AGENDA ITEM NO. 19: Commissioners Comments.
Under Commissioners Comments, Commissioner O’Neal requested an update on the street light study at the intersection of Bell and Farrall streets.
Public Works Director James Cole responded that it would take 60 to 90 days to get the report from the Oklahoma Department of Transportation who is conducting the study. He agreed to contact ODOT on Tuesday to request status on the study.
Mayor Mills expressed appreciation to Vice Mayor Peterson for filling in for him during the week he was gone to a trade show.
Vice Mayor Peterson in turn thanked the rest of the Commission for their help in answering calls from the public.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried. (7:40 p.m.)
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
_________________________
MAYOR
(SEAL)
ATTEST:
_______________________
CITY CLERK
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