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, December 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
Marva O’Neal Bob Downing
Commissioner Ward 3 Commissioner Ward 6
ABSENT:
David Hadley MD Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
INVOCATION Associate Pastor Mike Taylor
New Beginnings 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 December 6, 2004 meeting.
c. Budget amendment in 2004 CDBG Entitlement Grant Fund and 2002 HOME Grant Fund
d. Transfer of Appropriations in General Fund for SMA utility billing.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through December, 2004
* City Clerk report for the month of November, 2004
* Utility Division report for the month of November, 2004
* Sister Cities Council minutes from the November 9, 2004 meeting
* Planning Commission minutes from the November 3, 2004 meeting.
* Shawnee Urban Renewal Authority minutes from the November 16, 2004 meeting.
f. Acknowledge Assistance to Firefighters Grant award in the amount of $99,011.00 to Shawnee Fire Department to be used for diesel exhaust removal.
g. Mayor’s Appointments:
Sister Cities Council Members (One year terms)
Officers: Committee Chairs:
Linda Haselwood, Chair Ann Davis, Fundraising
Shana Hibler, Vice Chair Sue Winterringer, Host
Diana Hallock, Secretary Mary Chancellor, Delegation
Bertha Ann Young, Treasurer Billye Sue Hatch, Educ./Promotion
Karen Wright, Community Activities
Sub-Committee Chairs: Ex-Officio Members:
Ann Davis, International Dinner Chuck Mills, Mayor
Cheryl Cowden, Kite Festival Jim Collard, City Manager
Don Wright, Peace Garden Arnold Davis, Immediate Past Chair
Meg Vorndran, Socials James Taffee, Education Advisor
Ann Davis, State Meeting Youth Representative(s)
Kim Freeman, Christmas Parade
Commissioner Schrzan requested Item 1 (b) (December 6, 2004 City Commission meeting minutes) be pulled from the agenda for clarification.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the Consent Agenda 1 (a-g) less item (b), be approved. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
After a brief clarification of item 1 (b), a motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, that Item 1(b) be approved. Motion carried.
AYE: Schrzan, Claybrook, O’Neal, Mills, Downing
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
A Resolution of Appreciation was presented to Robert Rimer for over 31 years of loyal service to the City of Shawnee.
Resolution No. 6218 was introduced and the title read aloud.
Resolution No. 6218 entitled “A resolution expressing appreciation to Robert Rimer for over 31 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Robert Rimer.”
Mr. Robert Rimer was present to accept and thanked the Commission, administration, co-workers, and citizens of Shawnee.
A Resolution of Appreciation was presented to Paula Taylor for over 27 years of loyal service to the City of Shawnee.
Resolution No. 6219 was introduced and the title read aloud.
Resolution No. 6219 entitled “A resolution expressing appreciation to Paula Taylor for over 27 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Paula Taylor.”
Mrs. Paula Taylor was present to accept and thanked the Commission and fellow employees.
A Resolution of Appreciation was presented to Bennie C. Dockery for over 31 years of loyal service to the City of Shawnee.
Resolution No. 6220 was introduced and the title read aloud.
Resolution No. 6220 entitled “A resolution expressing appreciation to Bennie C. Dockery for over 31 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Bennie C. Dockery.”
Mr. Bennie C. Dockery was present to accept and thanked the Commission and employees.
A Resolution of Appreciation was presented to Melvin McCray for over 31 years of loyal service to the City of Shawnee.
Resolution No. 6221 was introduced and the title read aloud.
Resolution No. 6221 entitled “A resolution expressing appreciation to Melvin McCray for over 31 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Melvin McCray.”
Mr. Melvin McCray was present to accept and thanked the Public Works Department employees and City Hall employees.
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month (Terry Chancellor, Parks Dept.)
City Manager Jim Collard presented a plaque and gift certificate to Terry Chancellor, Parks Department, as the December employee of the month in recognition of his excellent and dedicated service to the City of Shawnee, especially his work in and around City Hall.
Mr. Chancellor was present to accept and thanked everyone.
AGENDA ITEM NO. 4: Presentation of trophy by Brandi Parsons, Fundraising Chairman, to city employees from March of Dimes. ($1,642.00 raised by employees).
Mrs. Brandi Parsons, Public Works secretary, and March of Dimes Fundraising Chairman, presented a trophy to Mayor Mills and city employees for raising $1,642.00 for the March of Dimes most recent fundraising campaign.
AGENDA ITEM NO. 5: Presentation by Matthew Schlosser on internship with Emergency Management.
Mr. Matthew Schlosser, Emergency Management intern and Oklahoma Baptist University student, presented a draft of an Emergency Planning Guide he developed as a class project. Mr. Schlosser used a power point presentation to explain his project and the goals and objectives he met in the preparation of the Emergency Planning Guide. He also spoke of printing and distribution methods being considered including the application of a grant for that purpose.
Emergency Management Director Don Lynch and City Manager Jim Collard thanked Mr. Schlosser for the exceptional job he did on the project.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District. (No change from existing use –electrician’s office and mini storage) (Applicant: City of Shawnee).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street for use as an electrician’s office and mini storage. It was noted that this property, and the subsequent properties to be considered for rezoning, was previously annexed into the city limits without zoning districts being established. After several months of review, staff has determined the most appropriate zoning for each property.
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. 2185NS was introduced and the title read aloud.
Ordinance No. 2185NS 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: Beginning at the Southwest Corner (SW/C) of Section 2, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; heading East 1216.04 feet to the point of beginning; thence S89º52’5” East 500 feet; thence North 435 feet; thence N89º55’25” West 500 feet; thence South 435.7 feet to the point of beginning, rezoning said property from A-1, Agricultural 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 Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2185NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street from A-1; Agricultural District to RE; Residential Estates District. (No change from existing use – residential) (Applicant: City of Shawnee).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 currently used as a residential area.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. Mr. Bob Nelson, a 50-year resident of the proposed rezoning area, spoke regarding his property. City staff addressed his concerns. No other persons appeared in favor or in protest of the rezoning and the public hearing was closed.
After due and careful consideration, Ordinance No. 2186NS was introduced and the title read aloud.
Ordinance No. 2186NS 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: Beginning at the Southwest Corner (SW/C) of Section 2, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; heading East 550 feet to the point of beginning; thence North 1980 feet; thence East 770 feet; thence South 660 feet; thence East 528 feet; thence South 330 feet; thence East 792 feet; thence South 1690 feet; thence West 350 feet; thence north 20 feet; thence West 800 feet; thence North 20 feet; thence S89°9’2” West 171.42 feet; thence N0°14’30” East 332.54 feet; thence West 164 feet; thence North 330 feet; thence West 605 feet to the point of beginning less and except: beginning at the Southwest Corner (SW/C) of Section 2 Township 10 North Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; heading East 1216.04 feet to the point of beginning; thence S89°52’5” East 500 feet; thence North 435 feet; thence N89°55’25” West 500 feet; thence South 435.7 feet to the point of beginning rezoning said property from A-1; Agricultural District to RE; Residential Estates District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Schrzan, Claybrook, O’Neal, Mills, Downing
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2186NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street from A-1; Agricultural District to I-2; Light Industrial District. (No change from existing use – industrial properties and convenience store).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street which is currently being used for manufacturing purposes.
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. 2187NS was introduced and the title read aloud.
Ordinance No. 2187NS 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 Northwest Corner (NW/C) of Section 11, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; heading East 255.66 feet to the point of beginning; thence East 899.34 feet; thence South 330 feet; thence East 162.6 feet; thence S00°14’30” West 332.54 feet; thence N89°45’46” West 613.6 feet; thence North 49.54 feet; thence West 499.34 feet; thence South 73.79 feet; thence West 205.66 feet; thence N00°0’13”West 313.11 feet; thence East 205.68 feet; thence North 44.55 feet; thence East 50 feet; thence North 326.59 feet to the point of beginning rezoning said property from zoning classification A-1; Agricultural District to I-2; Light Industrial District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Schrzan, Claybrook, O’Neal, Mills, Downing
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2187NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street from A-1; Agricultural District to C-2; Suburban Office Commercial District. (No change from existing use – office building).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located east of Acme Road and east of State Highway 177 on MacArthur Street currently used as an office building.
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. 2188NS was introduced and the title read aloud.
Ordinance No. 2188NS 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 Northwest Corner (NW/C) of Section 11, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; heading East 255.66 feet; thence South 326.59 feet; thence West 50 feet; thence South 44.55 feet; thence West 205.68 feet; thence North N00°0’11” East 371.14 feet to the point of beginning rezoning said property from zoning classification A-1; Agricultural District to C-2; Suburban Office Commercial District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, O’Neal, Mills, Claybrook, Schrzan
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2188NS duly passed and adopted.
AGENDA ITEM NO. 10: Presentation by staff of audit report for fiscal year ending June 30, 2004.
City Treasurer Becky Cragin introduced Mr. Joe Carlson of Carlson & Cottrell, the City’s auditing firm, who gave a brief report on the progress of the audit. Mr. Carlson stated the auditors were near completion and were almost ready to finalize the audit. Mr. Carlson explained that his approach to the audit was as a validation of management’s assertions. In this preliminary report, he listed several areas of concern which will appear in the finalized audit. Those areas mentioned that need attention were:
a) Shawnee Civic and Cultural Development Authority – cannot completely validate management’s complete assertions.
b) Grant monies received - lack of internal controls.
c) Municipal Court – internal controls not up to standards
d) Shawnee Regional Airport – needs viable accounts receivable system.
e) Water meter reading equipment – using old technology to read meters
f) Insurance – not sure of the need for an Agent of Record
g) City Vehicles – too many take home vehicles
City Manager Jim Collard thanked Carlson & Cottrell and also City Treasurer Becky Cragin and her staff for the work they have done on the audit. Mr. Collard advised that the final audit report will be presented in January.
AGENDA ITEM NO. 11: Consider authorizing staff to apply for Oklahoma Tourism Recreation Department Land and Water Fund Grant for the acquisition and/or lease of 200 acres for regional park property at Kickapoo and Westech Road.
Community Development Director Mike Southard explained the proposed grant application. He estimated the costs for land acquisition to be approximately $500,000.00. He said the proposed grant required a 50/50 match, which would limit the City’s cost of land acquisition to $225,000.00, which would allow the city to put more money into site development.
Mr. Southard stated that the grant was due on January 31, 2005, and the grant award would be announced in May, 2005.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to authorize staff to apply for an Oklahoma Tourism Recreation Department Land and Water Fund Grant for the acquisition and/or lease of 200 acres for regional park property at Kickapoo and Westech Road. Motion carried.
AYE: Claybrook, O’Neal, Mills, Downing, Schrzan
NAY: None
AGENDA ITEM NO. 12: Consider recommendation from staff regarding property located at 147 S. Draper. (Travis Guess; Deferred from 12/6/04).
Mr. Guess appeared before the Commission asking for additional time in which to complete work on his property. Commissioner Schrzan had visited the property and stated that in his opinion he felt the house was no longer a nuisance from the outside. He stated that he believes Mr. Guess has worked hard on the property and had made enough progress not to proceed with demolition. Commissioner Schrzan further stated that he wanted to do whatever possible to allow Mr. Guess time to finish his house.
In response to a question from Commissioner Schrzan, City Attorney John Canavan stated that Mr. Guess must still obtain all necessary building permits.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to give Travis Guess until February 28, 2006 to bring the property located at 147 South Draper into compliance with all applicable city codes; with owner securing the underneath portion of the house from animals within 10 days from today. Motion carried.
AYE: Schrzan, O’Neal, Mills, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 13: Consider request of Paul Mehagan for additional time to comply with public nuisance order for property at 304 S. Leo.
Community Development Director Mike Southard presented a power point presentation and answered questions of Commissioners regarding Mr. Mehagan’s on-going public nuisance problem on his property. Mr. Southard indicated that the list of things still needing to be accomplished by Mr. Mehagan was fairly substantial. He said Mr. Mehagan had verbally requested an additional 90 days in which to complete the code requirements. Building Inspector Mike Cox answered questions of Commissioners regarding the property. Mr. Cox stated that initially Mr. Mehagan resisted working with the City in efforts to abate the nuisance, but was now working better with city staff.
Mr. Mehagan then appeared before the Commission to speak on this issue. He stated that he cannot accomplish the task by himself, but would need the help of other people. He said that with the help of neighbors and friends he has already accomplished a great deal. He indicated that the animals were all removed as well as lumber and refrigerators. Mr. Mehagan then provided pictures to the Commission showing the improvements he had made.
Speaking in opposition of granting additional time to Mr. Mehagan, was Mr. Phil McInturff and Betty Case, area residents.
Speaking in support of Mr. Mehagan was Ruth Smith.
After a lengthy discussion, a motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to deny the request of Paul Mehagan for additional time to comply with public nuisance order for property at 304 South Leo and proceed with clean up. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 14: Consider donation of City property to Oklahoma Department of Transportation for the purposes of five-laning North Harrison Street (SH18) from Westech Road to Hazel Del Road.
City Engineer John Kyrwicki explained the Oklahoma Department of Transportation’s need to acquire this property. He further indicated that although ODOT had made an offer to purchase this property, he felt in this instance it would be more appropriate to donate the abandoned property.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to donate City property to the Oklahoma Department of Transportation for the purpose of five-laning North Harrison Street (SH18) from Westech Road to Hazel Del Road. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Claybrook
NAY: None
AGENDA ITEM NO. 15: Consider bids received for Sewer Rehab Project FY 04-05. (Open)
BIDDER AMOUNT
Heller Company $642,241.00
Hot Springs, AR
Urban Contractors $484,770.00
Oklahoma City, OK
Jordan Contractors, Inc. $450,838.40
Tecumseh, OK
Krapff-Reynolds Construction Co. $497,950.00
Oklahoma City, OK
Engineers Estimate: $400,000.00
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to defer the Sewer Rehab Project FY 04-05 bids to staff for review and recommendation at the next meeting.
Motion carried.
AYE: Schrzan O’Neal, Mills, Downing, Claybrook
NAY: None
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.
There were no Administrative Reports.
AGENDA ITEM NO. 18: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Dale Davis appeared in support of Paul Mehagan. He stated that he and several people from his church would be helping clean up the property and stated that they would like 60 days to get the job done.
Ms. Carol Shumaker, neighbor of Mr. Mehagan, read a statement in support of him.
AGENDA ITEM NO. 19: Commissioners Comments.
Under Commissioners Comments, Commissioner Schrzan wished City staff, fellow Commissioners, and citizens a Merry Christmas.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried. (8:36 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Claybrook
NAY: None
_____________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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