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, September 20, 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 Mike McCauley
Northeast Free Will Baptist 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 11.
b. Minutes of the September 7, 2004 meeting.
c. Acknowledge the following reports and minutes:
* Sales Tax Report through September, 2004
* Utility Division Report for the month of August, 2004
* City Clerk report for the month of August, 2004
* Warrant Officer report for the month of August, 2004
* Shawnee Community Center report for the month of August, 2004
* Shawnee Urban Renewal Authority minutes from the August 17, 2004 meeting
* Sister Cities Council minutes from the August 10, 2004 meeting
d. Lakesite Leases:
Transfers
Lot 6, Hart Tract and Lot 7, Hart Tract
To: Jim D. Davis
4451 Canyon Road
Guthrie, OK 73044
From: Eliam & Kathleen Moore
16209 Hart Road
Shawnee, OK 74801
Renewals
Lot 19, Belcher Tract
Wesley & Carolyn Romberg
P.O. Box 321
Shawnee, OK 74802-0321
Lot 8, Belcher Tract
James & Yvonne Latta
720 Penn Lane
Moore, OK 73160
Lot 15, Magnino A Tract
Brad Hawkins
P.O. Box 1201
Shawnee, OK 74802-1201
e. Approve a resolution allowing a one-time exception to city policy allowing retired police officer Jeff Rodgers to keep his service handgun.
f. Approve Request for Proposals on the Sears Building.
Resolution No. 6204 was introduced and the title read aloud.
Resolution No. 6204 entitled “A resolution of the City of Shawnee, Oklahoma, approving a one-time exception to City policy to allow retired Police Officer Jeff Rodgers to keep his hand gun.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the Consent Agenda Item No. 1 (a-f) as presented. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution No. 6204 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Mills issued the following proclamation:
“City Wide Cleanup Month”
October, 2004
(accepted by Tom Terry, Chair of Beautification Committee)
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month (Greg Meadows, Parks Department).
City Manager Jim Collard presented a plaque and gift certificate to Greg Meadows, Parks Department, as the September employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Presentation by Pat McCormick regarding Shawnee Economic Development Foundation semi-annual report and audit.
Ms. Pat McCormick, Executive Vice President of the Economic Development Foundation, presented the Semi-Annual Report of Activities from January 1, 2004 through June 30, 2004; and the audit ending December 31, 2003 and 2002.
She reviewed the established industries on expansion and retention, infrastructure, and growth; marketing and recruitment; and grants obtained.
The result of the audit verified that SEDF met the Government Auditing standards.
Ms. McCormick expressed appreciation to the Commission for its continued support in economic development.
AGENDA ITEM NO. 5: Consider an ordinance closing the alley on Oakland Street between Louisa and Park streets. (Applicant: Michael Heatley) (Deferred from 9/7/04 meeting)
Per staff’s report and agenda notes, the property owners have communicated to their satisfaction and staff and the Planning Commission recommend approval of the alley closure.
Ordinance No. 2180NS was introduced and the title read aloud.
Ordinance No. 2180NS entitled “An ordinance vacating the alley described as follows: The East Fifty (50) feet of Lots Thirteen (13) and Fourteen (14), Block Ninety-Seven (97) of the amended plat of Blocks Ninety-six (96) and Ninety-Seven (97) of the amended plat to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; specifically describing said property, reserving the right to reopen said alley; reserving utilities; and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2180NS duly passed and adopted.
AGENDA ITEM NO. 6: Presentation by Emergency Management Director Don Lynch regarding proposed Hazard Mitigation Plan.
Emergency Management Director Don Lynch presented a proposed Hazard Mitigation Plan.
Mr. Lynch stated that the Disaster Mitigation Act of 2000 requires local communities to have a strategic plan for hazard mitigation in order to be eligible to receive pre-disaster mitigation funding and the full amount eligible in disaster declaration funding from the Federal Emergency Agency.
He will present the final plan at a later date.
AGENDA ITEM NO. 7: Consider acceptance of improvements for the Timbers Addition and placing maintenance bonds into effect.
City Engineer John Krywicki advised the Commission that all improvements had been made in accordance with the required specifications of the City.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to accept improvements for the Timbers Addition and placing maintenance bonds into effect. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
AGENDA ITEM NO. 8: Consider Memorandum of Understanding with District Attorney’s Office regarding services to victims of domestic violence and sexual assault.
Mr. Robert Mitchell, Assistant District Attorney, representing the District Attorney’s Office, 23rd Judicial District, informed the Commission that the Shawnee Police Department was in agreement to put a grant in place for services to victims of domestic violence.
A motion was made by Commissioner Hadley, seconded by Commissioner Schrzan, to approve the Memorandum of Understanding with the District Attorney’s Office regarding services to victims of domestic violence and sexual assault. Motion carried.
AYE: Hadley, Schrzan, O’Neal, Mills, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider Ordinance No. 2180NS amending Ordinance 2171NS to reflect that the city’s general run-off election be held at the same time as the state’s general election.
This item was pulled per City Attorney John Canavan. He advised that no action be taken on this item and leave current Ordinance No. 2171NS in place.
AGENDA ITEM NO. 10: Public hearing and consider an ordinance annexing property located east of Highway 177 and Acme Road on MacArthur Street. (Applicant: City of Shawnee)
Mayor Mills declared a public hearing in session to consider an ordinance annexing property located east of Highway 177 and Acme Road on MacArthur Street.
The public hearing was opened and Mr. Joe Carlson of Carlson & Cottrell, CPAs, 14001 Acme Road, and Mrs. JoAnn Cox, 39409 W. MacArthur, spoke against the annexation. It was noted that written protests from surrounding owners had been filed with the City Clerk.
Mr. Mike Little, developer of the Timbers Addition on West MacArthur spoke in favor of the annexation. There being no others to officially appear, the public hearing was closed.
In the staff report, Community Development Director Mike Southard noted that the Annexation Committee had recommended the annexation. The area is currently surrounded on four sides by the city limits; thus, causing an island. All the properties are currently connected to city water and nearly all properties south of MacArthur are connected to sewer.
Mr. Southard also referred to the revised Annexation Plan for west MacArthur area.
The Plan showed that the Planning Commission voted not assign specific zoning classifications for individual parcels in the territory at the request of the property owners. The area would then default to A-l, Agricultural District since most, if not all parcels, would be legal non-conforming and regulated by the appropriate section of the zoning code.
The Commission then discussed at length the future zoning concerns and protection of the area.
After due and careful consideration, Ordinance No. 2181NS was introduced and the title read aloud.
Ordinance No. 2181NS entitled “An ordinance annexing certain territory and property outside the present city limits into the city limits of the City of Shawnee, Oklahoma, pursuant to Title 11 of the Oklahoma Statutes; describing said property; repealing all ordinances and parts of ordinances in conflict herewith, providing for severability and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Ordinance be approved and for staff to proceed with the rezoning process. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
A motion was made by Commissioner Downing to approve Section 5, the emergency clause. The motion died for lack of a second.
Thereupon Mayor Mills declared Ordinance No. 2181NS duly passed and adopted to become effective 30 days from this date.
AGENDA ITEM NO. 11: Consider designating October 30, 2004 from 6 – 9 p.m. as the official trick-or-treat night for the City of Shawnee.
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, to approve designating Saturday, October 30, 2004 from 6-9 p.m. as the official trick-or-treat night for the City of Shawnee.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
AGENDA ITEM NO. 12: Consider proposals received for audit services. (open)
The following RFP was opened and read into record.
Carlson & Cottrell, CPAs $44,264.00
Shawnee, OK
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to defer the RFP for audit services to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 13: 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. 14: Administrative Reports.
Under Administrative Reports, the following were given:
*City Engineer John Krywicki reported 1) on the mailbox on Bell Street would be re-installed soon after the stripping has been done; 2) reported that the third week in October was the target date for opening the bridge west of the Shawnee Mall on Kickapoo Street; and 3) lake mapping of graphs and pictures to be issued to the Commission.
*Public Works Director James Cole 1) recognized the crews of OG&E, ONG, Dolese, and city line maintenance for their invaluable assistance during a 3” gasoline incident at Benedict and Pottenger streets over the weekend; 2) staff and HUB+Garver, city’s consultant, met with DEQ relating to consent order compliance and Residual Management plan; 3) continual work on removing the beaver dams at the lake; 4) notices will be mailed to customers regarding THM violation; and 5) incident at water plant over the weekend relating to malfunction of value causing sulphuric acid spill that was immediately monitored. An updated report will be given later to the Commission.
*City Clerk Diana Hallock reported that the Fifth Annual Sister Cities Kite Festival held at Gordon Cooper Tech Center south campus was a success with more families attending.
AGENDA ITEM NO. 15: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Joe Carlson, protester of the annexation, complimented the City Commission for listening to the citizens and handling the difficult decision of annexation.
Mr. Mike Little, developer of the recent housing addition on MacArthur Street, expressed appreciation to the Commission for the assistance that the city has done to make west MacArthur look good.
AGENDA ITEM NO. 16: Consideration and possible action to enter into executive session for confidential communications with counsel regarding mediation and possible action of the matter Mason Wilson v. City of Shawnee, Case No. CIV-04-613-W, United States District Court for the Western District of Oklahoma, including designation of a representative to appear at any mediation conference upon a determination that disclosure would seriously impair the ability of the public body to process the suit in the public interest as authorized by 25 O.S. §307(B)(4).
No action taken. Staff removed this item from the agenda.
AGENDA ITEM NO. 17: Consideration and possible action on the item discussed in executive session regarding the matter of Mason Wilson v. City of Shawnee.
No action taken. Staff removed this item from the agenda.
AGENDA ITEM NO. 18: Commissioners Comments.
Under Commissioners Comments, the following were made:
*Commissioner Schrzan commented that he found it very offensive that it was stated under the annexation item the citizens said it was a “done deal.”
*Commissioner O’Neal thanked the Fire Department for its quick response to a grass fire that could have been a potential loss of a home.
*Vice Mayor Peterson commented in response to the annexation item to meet with staff on future controversial issues on how to handle.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried. (8:35 p.m.)
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
_________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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