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, Tuesday, January 18, 2005 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 The Lord’s Prayer
City Clerk Diana Hallock
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the January 3, 2005 meeting.
b. Budget Amendment in 2002 HOME Grant Fund.
c. Acknowledge the following reports and minutes:
* Sales Tax Report through January, 2005
* Utility Division report for December, 2004
* Shawnee Community Center report for the months of November and December 2004 and quarterly report for the months of October, November and December, 2004.
* Sister Cities Council minutes from the December 14, 2004 meeting
* Shawnee Urban Renewal Authority minutes from the December 21, 2004 meeting.
* Planning Commission meeting from the December 15, 2004 meeting
* Shawnee Library Board minutes from the October 12, 2004 meeting
d. Lakesite Lease Renewal:
Lot 10, Hart Tract
Mike & Jerry Korhuniak
1510 S. Moore Ave.
Midwest City, OK 73130
e. Approve out-of-state travel for Stephen Nolen to attend INCODE training in San Antonio, Texas, February 14 – 18, 2005.
f. Authorize staff to advertise for bids for security equipment for City Hall, Shawnee Regional Airport and Public Works building, as well as mobile command post from Homeland Security Grant Phase 17.
g. Authorize proceeding with Youth Initiative Program Grant application.
h. Approve resolution declaring fire department vehicles surplus and authorizing staff to sell said property.
Resolution No. 6222 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; and authorizing staff to proceed with on-line auction services or accept sealed bids.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the Consent Agenda (a-h), inclusive, be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon, Mayor Mills declared Resolution No. 6222 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Mills presented the following proclamation:
“School Board Recognition Month”
January, 2005
(accepted by David Parsons, Board member, Shawnee Public Schools)
AGENDA ITEM NO. 3: Presentation of 1994 Chevrolet van donated by Citizen Potawatomi Nation to Shawnee Police Department Tactical Team.
In gratitude for the 1994 Blue Chevrolet Van donated to the City of Shawnee Police Department Tactical Team from the Citizen Potawatomi Nation, City Manager Jim Collard presented a certificate of appreciation to Chairman John “Rocky” Barrett.
Chairman Barrett acknowledged and placed emphasis on interlocal cooperation between entities for a better community.
City Manager Jim Collard also gave recognition to the Police Department Tactical Team members who were in attendance to receive their certificates of appreciation.
The members included: Jon Arnett, Skip Vague, Ronnie Wilson, Bricen Mohr, Kris Steadman, Bobby Steward, Kent Borcherding, Steve Leader, Jon Leathers and Rod Taylor; and reserve tactical team members: Chad Pope, Sean Gilpin and Art Scrutchins.
AGENDA ITEM NO. 4: City Manager’s Presentation to Employee of the Month. (Candie Swinney – Police Dept.)
City Manager Jim Collard presented a plaque and gift certificate to Patrol Officer Candie Swinney, Police Department, as the January employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 419 N. Union from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow restaurant to serve beer and alcoholic beverages. (Applicant: Ryan McClendon)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 419 North Union to allow a restaurant to serve beer and alcoholic beverages.
Mayor Mills asked if any persons wished to appear in favor of or in protest of this rezoning. No persons appeared and the public hearing was closed.
It was noted that the Planning Commission and staff recommended approval of the rezoning. There were no formal protests received in the City Clerk’s office.
After due and careful consideration, Ordinance No. 2190NS was introduced and the title read aloud.
Ordinance No. 2190NS 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 Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Block Five (5), Choctaw Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; 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 Schrzan, seconded by Commissioner Hadley, that the Title and Section 1 be approved. Motion carried.
AYE: Schrzan, Hadley, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2190NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing regarding a Land and Water Conservation Fund -Outdoor Recreation.
Mayor Mills declared a public hearing in session regarding establishing a “Land and Water Conservation Fund-Outdoor Recreation.”
Community Development Director Mike Southard explained that this meeting was the second public hearing held as required for grant application and he reported on the first hearing that was held last Friday with eleven people in attendance.
The purpose of the hearing was to discuss the acquisition and/or long-term lease of 200 acres at Westech and Kickapoo Street to locate a regional park and sports complex.
Appearing before the Commission who spoke in favor of the park were Mary Atwood, Chairperson of the Shawnee Planning Commission and Scott Warren of the Shawnee Soccer Association. There were no others to appear and the public hearing was closed.
The Commission discussed the purchasing or leasing costs, layout of the site plan, user groups, and other issues such as maintenance and upkeep.
Commissioner Schrzan expressed his desire to form a board or committee to further study park plans while the City awaits grant approval.
It was noted by the community development director that he anticipated a six-month wait before the grant would be awarded.
No further action was required by the Commission.
AGENDA ITEM NO. 7: Consider acceptance of final plat of the Kelsey and Connor Addition located at the southeast corner of Harrison and 45th streets. (Applicant: LE Surveying on behalf of Manford Land Company)
According to the agenda notes, this is a two-acre subdivision with one lot being undevelopable due to the flood plain. Staff recommends it should be tied to the developable lot as a common area. The sewer utilities will be extended by the developer to the property. The Planning Commission recommended acceptance with changes as recommended by staff.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to accept the final plat with changes as recommended by staff indicating that the undevelopable lot should be tied to the developable lot as a common area of the Kelsey and Connor Addition located at the southeast corner of Harrison and 45th Streets as submitted by LE Surveying on behalf of Manford Land Company. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 8: Consider acceptance of the final plat of the Linden Heights First Addition located at the northeast corner of Kennedy and Farrall streets. (Applicant: Ambler Architects on behalf of Farnam Group Resources, Inc.)
In the agenda notes regarding this item, this is a one-lot subdivision covering 10 acres for the construction of 54 apartments. A force main will be extended to the development and a lift station will be constructed on Farrall Street. The Planning Commission recommended acceptance.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to accept the final plat of the Linden Heights First Addition located at the northeast corner of Kennedy and Farrall Streets as submitted by Ambler Architects on behalf of Farnam Group Resources, Inc. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 9: Public hearing and consider ordinances rezoning the following properties to allow location of communication towers at several school properties: (Applicant: Trillion Partners, Inc. on behalf of Shawnee Public Schools) (Continued from 11/15/04 and 12/6/04 meetings)
a. 800 N. Louisa from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Jefferson Elementary)
b. 1001 N. Kennedy from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Shawnee High School)
c. 1830 N. Beard from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Wilson Early Childhood Center)
d. 1401 E. Independence from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Sequoyah Elementary)
e. 326 N. Union from C-4; Central Business District to C-4P: Central Business District with Conditional Use Permit. (School Administration)
f. 2600 N. Union from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Will Rogers Elementary)
City Manager Jim Collard advised the Commission that the school administrator had contacted him requesting to continue this item to the March 21, 2005 City Commission meeting.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to continue the public hearing to the March 21, 2005 meeting regarding rezoning school properties as listed (a-f) to allow location of communication towers as requested by the Shawnee school system. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 10: Confirm City Manager’s appointment of Afsaneh Jabbar as Utility Director.
Before introducing Ms. Jabbar, City Manager Jim Collard gave an overview of the re-organization of divisions that had been under the Public Works Department.
He emphasized that the number one priority was the water system and to restructure would allow the Utility Director to focus on water issues.
Mr. Collard pointed out that the Parks/Cemetery Division would be placed under the Community Development Director Mike Southard and Street/Traffic Division under City Engineer John Krywicki.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to confirm the City Manager’s appointment of Ms. Afsaneh Jabbar as the Utility Director. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 11: Presentation by staff of annual audit for fiscal year 2003-2004.
City Treasurer/Finance Director Becky Cragin presented the City of Shawnee, Oklahoma Report on Audit of Financial Statements for fiscal year ended June 30, 2004.
The financial highlights included:
· The assets of the City of Shawnee exceeded its liabilities by $54,321,897 (net assets)
· Total assets increased by $27,601 ending June 30, 2004
· Ending fund balances of $8,574,998, a decrease of $l,5ll,784 in comparison to the prior year.
· Unreserved fund balance for the general fund was $2,495,688, or 19.2% of total general fund expenditures
· Total debt decreased by $l,l45,994 during current fiscal year. The key factors in this increase were the continued pay down of notes and revenue notes payable by the Shawnee Municipal Authority
Mr. Joe Carlson of Carlson & Cottrell, CPAs, the firm performing the City’s audit, presented the auditor’s opinion as a “clean audit.” He noted that operational conditions and internal control weaknesses need improvement for effective and efficient operations.
Ms. Cragin gave an overview of the audit and stated that city management was addressing the audit observations and recommendations. Responses were issued regarding the following:
Revenue Requirements-Shawnee Municipal Authority
Shawnee Civic and Cultural Development Authority
Treasury Procedures-control activities
Federal and State Grants
Use of Assets and Resources
Utility Billing
Electronic Data Processing
City Treasurer Cragin concluded her presentation by thanking the auditors for their timely audit.
The Commission discussed at length the findings of a “qualified” audit on the Shawnee Civic and Cultural Development Authority.
City Attorney John Canavan reminded the Commission that the City Commission can only make recommendations to the Authority since it is independent from its beneficiary, the City of Shawnee.
The audit was performed in accordance with auditing standards generally accepted in the United States of America.
AGENDA ITEM NO. 12: Consider final acceptance of audit for fiscal year 2003-2004.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to defer the final acceptance of the audit for FY2003-04 to the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 13: Consider Bids.
a. 4-Wheel Drive Backhoe/Loader (Award)
City Engineer John Krywicki referred to the bid comparisons on pages 73 and 74 of the agenda packet listing specific areas of three equipment bids not meeting the specifications.
It was staff’s recommendation, although a higher price, to award the bid to Warren Caterpillar in the amount of $99,294.00.
In comparison, it has been staff’s experience with the John Deere and Volvo motor graders, that they do not perform as expected. The caterpillar motor grader is a quality grader that out performs all other graders.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to approve awarding the 4-wheel drive backhoe/loader to Warren Cat, Oklahoma City, Oklahoma, in the amount of $99,294.00 as the best bid meeting specifications based upon the bid summary and reasons for staff’s recommendations to award to the higher bidder. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
b. 27” Raw Water Line Repair Project (Award)
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to award the 27” raw water line repair project bid to Central Contracting Services, Inc., Oklahoma City, Oklahoma, in the amount of $75,960.00 as the lowest and best bid. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 14: 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. 15: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Ms. Ida Morgan, 920 North Market, appeared before the Commission regarding her high water bill. She was advised that her concerns would be turned in to the Utility Division.
AGENDA ITEM NO. 17: Commissioners Comments.
Under Commissioners Comments, Commissioner Claybrook brought to staff’s attention a telephone call he received from a resident near 304 S. Leo, Paul Mehagan property, about animal waste being buried on the property. The concerns were contamination of ground water. City staff was directed to check with the Environmental Protection Agency.
Mayor Mills commented that the news about Shawnee as the first Oklahoma Preservation City was on the front page of the Oklahoma State Historical Preservation newspaper.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried. (9:16 p.m.)
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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