BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 18, 2007 AT 6:30 P. M.
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 18, 2007 at 6:30 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
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Marva O’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson David Daugherty
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
ABSENT: None
INVOCATION Reverend Tim Youmans
First Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the Agenda. Motion carried 7-0.
AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 2: 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. 19.
b. Minutes from the June 4, 2007 meeting.
c. Acknowledge the following reports and minutes:
* Sales Tax Report for the month of June, 2007
* Planning Commission minutes from the May 2, 2007 meeting
d. Acknowledge annual budget for Pioneer Library system for FY 2007-2008.
e. Lakesite Lease:
Renewal:
Lot 16, Belcher Tract
J. Nicholson & M. Nicholson
Transfer:
Lot 7, Johnston Tract
To: G. Blakenship, Jr.
From: L. Agee
f. Approve City Manager’s appointment of Jim Bierd as Utilities Director.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve Consent Agenda Item 3(a-f) as presented. Motion carried 7-0.
AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 3: Citizens’ Participation (A three-minute limit per person)
(A twelve-minute limit per topic)
Under Citizen’s Participation, Ms. Linda Agee stated that she has spoken with Keith Kuhlman of the Commissioners of the Land Office regarding the possibility of the City being removed from the leasing process and requiring the North School and South School leaseholders to lease directly from the School Land Commission. According to Ms. Agee, Mr. Kuhlman stated in that event the Commissioners of the Land Office has no intention of asking leaseholders to remove their improvements nor will they be putting the property up for bid.
Ms. Cody Deem addressed the Commission regarding the item on this agenda to reconsider the polycart issue. She urged Commissioners to strive for leadership rather than political roles, and to decide what is in the best interest of the community.
Mr. David Breedlove spoke regarding the issue of sidewalks. Mr. Breedlove recently obtained a building permit to add an addition to his home and was told that any development on a collector or arterial street requires the addition of a sidewalk. Mr. Breedlove requested that the City Commissioners reconsider this requirement.
AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month. (Tammy Johnson, Compensation and Benefits Manager)
City Manager Jim Collard presented a plaque and certificate to Tammy Johnson, Compensation and Benefits Manager, as the June employee of the month, in recognition of her excellent dedication to the City of Shawnee.
Ms. Johnson was present to accept.
AGENDA ITEM NO. 5: Presentation from Oklahoma Municipal League of certificates to employees that have 25 or more years of service with the City of Shawnee.
Mr. Danny George of the Oklahoma Municipal League presented the following employees with certificates and pins in recognition of 25 or more years of employment. Employees present to accept were Clarice Brock, Richard Wakeman, Jim Bierd, Vonna Ham, Diana Hallock and Bill Igo. William Jones and David Shannon were also recognized, but were not present to accept.
AGENDA ITEM NO. 6: Consider extension of agreement with Crawford & Associates for FY 07-08 on an invoice basis.
Mr. Mike Crawford of Crawford & Associates introduced Ms. Kelly Neal, the staff accountant working with the City of Shawnee. Mr. Crawford indicated that the City’s accounts were in good shape and that Ms. Neal had spent about 120 hours working on them.
City Manager Jim Collard requested that we extend the agreement with Crawford & Associates until the hiring of a Finance Director/City Treasurer. Dr. Collard indicated the position is continuing to be advertised.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to approve the extension of the agreement with Crawford & Associates for FY 07-08. Motion carried 7-0.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 4848 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with conditional use permit to allow for the sale of beer for off-premise consumption. (Applicant: Circle K Stores).
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 4848 N. Kickapoo for Conditional Use Permit to allow for the sale of beer for off-premise consumption.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommends approval of the conditional use permit allowing for beer sales for off-premise consumption. No formal written protests have been filed. Mr. Joe McCormick appeared on behalf of the applicant. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2313NS was introduced and the title read aloud.
ORDINANCE NO. 2313NS 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 THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY-SIX (36), TOWNSHIP ELEVEN (11) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA,
SAID POINT BEING S00º05’03”W A DISTANCE OF 130.92 FEET FROM THE CENTERLINE OF INTERSTATE HIGHWAY 40;
THENCE S00º05’03”W ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER (SE/4) A DISTANCE OF 575.06 FEET;
THENCE N89º54’57”W A DISTANCE OF 63.60 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 40, AND THE POINT OF BEGINNING; THENCE N01º09’54”W ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 136.00 FEET;
THENCE N89º54’57”W A DISTANCE OF 225.00 FEET; THENCE S00º05’03”W A DISTANCE OF 135.97 FEET; THENCE S89º54’57”E A DISTANCE OF 227.97 FEET TO THE POINT OF BEGINNING
…AND…BEGINNING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER (SE/4), SAID POINT BEING S00º05’03”W A DISTANCE OF 130.92 FEET FROM THE CENTERLINE OF INTERSTATE HIGHWAY 40; THENCE S00º05’03”W ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER (SE/4) A DISTANCE OF 575.06 FEET;
THENCE N89º54’57”W A DISTANCE OF 63.60 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 40;
THENCE N01º09’54”W ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 136.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N01º09’54”W ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 74.04 FEET; THENCE N71º55’56”W ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID INTERSTATE 40 A DISTANCE OF 234.86 FEET; THENCE S00º05’03”W A DISTANCE OF 146.54 FEET;
THENCE S89º54’57”E A DISTANCE OF 225.00 FEET TO THE POINT OF BEGINNING.
REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO C-3P; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, that the Title and Ordinance No. 2313NS be approved. Motion carried 6-1.
AYE: Schrzan, Daugherty, Stephens, O’Neal, Mills, Peterson
NAY: Young
Thereupon Mayor Mills declared Ordinance No. 2313NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 526 N. Bryan from R-1; Single Family Residential District to C-3; Automotive and Commercial Recreation District for use as office and self-storage facilities. (Applicant: Chad Self) (Deferred from 5/7/07 meeting).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 526 N. Bryan for use as office and self-storage facilities.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommends approval. There were no formal written protest that had been filed.
No one appeared in opposition of the proposed ordinance and the public hearing was closed.
After due and careful consideration, Ordinance No. 2314NS was introduced and the title read aloud.
ORDINANCE NO. 2314NS 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: LOT TWENTY-EIGHT (28), REMINGTON-BEARD ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, LESS AND EXCEPT THE NORTH 16 ½ FEET OF SAID LOT TWENTY-EIGHT (28), AND LESS AND EXCEPT A TRACT OF LAND DESCRIBED AS BEGINNING 16 ½ FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT TWENTY-EIGHT (28); THENCE WEST 264 FEET; THENCE SOUTH 165 FEET; THENCE EAST 264 FEET; THENCE NORTH 165 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL 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 Stephens, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2314NS be approved. Motion carried 6-1.
Therefore Mayor Mills declared Ordinance No. 2314NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider approval of final plat for the Finley & Cook Addition located south of 45th between Harrison and Bryan streets. (Applicant: Forty-fifth Street Centre LLC d/b/a Finley & Cook, PLLC).
The Commission considered the final plat for the Finley & Cook Addition located south of 45th between Harrison and Bryan streets.
This is a single lot subdivision covering +/-20 acres. The Planning Commission recommends approval. Utilities will be extended to serve the property.
A motion was made by Commissioner Young, seconded by Commissioner Daugherty, to approve the final plat for Finley & Cook Addition located south of 45th between Harrison and Bryan streets. Motion carried 7-0.
AGENDA ITEM NO. 10: Consider the appeal of James Huckaby regarding Administrative Hearing Officer’s order to dismantle and remove property located at 403 S. Minnesota.
Mike Southard gave the staff report noting the property owner, James Huckaby, was incarcerated. Mr. Huckaby had appointed Brian Sanders as property manager to oversee this property, but Mr. Sanders failed to appear at the administrative hearing.
Mr. Randy Bales appeared on behalf of Mr. Huckaby and stated that he had recently been appointed as the new property manager. Mr. Bales had little knowledge of the property and could not estimate costs or time associated with the repair. Mr. Bales asked the Commission for additional time so that he could make these determinations.
Vice-Mayor Linda Peterson informed Mr. Bales that should an extension be granted, he would need to meet with Code Enforcement and prepare a list of improvements required. Mr. Bales was also advised to have documents in place showing how the improvements would be financed.
A motion was made by Commissioner Daugherty, seconded by Commissioner Stephens, to grant an extension of the Administrative Hearing Officer’s order. Mr. Bales will return at the July 16, 2007 City Commission meeting to report on progress made on this property. Motion carried 7-0.
AGENDA ITEM NO. 11: Consider progress made on property owned by Nick Chlouber located at 1113 S. Gordon Cooper Drive.
It was reported that the property located at 1113 S. Gordon Cooper Drive owned by Nick Chlouber is nearly cleared. The dwellings have been removed, but there are parts of appliances still remaining on the property and grass is becoming a nuisance. Mike Southard indicated his office would make contact with Mr. Chlouber regarding mowing the property.
Commissioner Stephens commended Mr. Chlouber for the progress made thus far.
AGENDA ITEM NO. 12: Consider Unsubordinated Commercial Ground Lease with Commissioners of the Land Office for North School and South School leases at Shawnee Twin Lakes. (Deferred from 5/21/07)
The issue of giving the responsibility of collecting rents on the North School and South School leases to the Commissioners of the Land Office was discussed at length. It was then determined by the Commission that under the present agenda item, additional methods and/or options needed to turn these leases over to the Land Office could not be considered but would be considered at the July 2, 2007 commission meeting.
A motion was then made by Vice Mayor Peterson, seconded by Commissioner, Stephens to accept the Unsubordinated Commercial Ground Lease with the Commissioners of the Land Office. Motion carried.
AGENDA ITEM NO. 13: Consider a resolution declaring a 1995 Basstracker MGN boat, serial number BUJ86868G495, and 1995 Mercury 90 H.P. motor, serial number OG272329, surplus property so they may be utilized as trade-ins for a newer boat/motor.
Chief William Mathis requested that the 1995 Basstracker MGN boat, and 1995 90 H.P. motor be designated as surplus so it can be utilized as a trade-in for a newer boat/motor which is more appropriate for lake operations.
After due and careful consideration Resolution No. 6301 was introduced and the title read aloud.
RESOLUTION NO. 6301 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 TRADE-IN OF SAID PROPERTY TO BE APPLIED TOWARD THE PURCHASE OF NEWER EQUIPMENT.”
A motion was made by Commissioner Stephens, seconded by Commissioner Daugherty, to approve the Title and Resolution No. 6301. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6301 duly passed and adopted.
AGENDA ITEM NO. 14: Consider request from Mike Little of DAMAX to waive the requirement for sidewalks on collector and arterial streets for their affordable housing project.
Mike Southard gave the staff report on this item. He stated that in April 2006, the Commission changed the sidewalk requirement from a sidewalk on every street to only arterial and collector streets. He noted that it appears that Mr. Little has five properties that will be affected by this requirement.
Mike Little appeared on behalf of DAMAX. He indicated that there was some confusion as to what were “arterial” streets and that he wasn’t told at the time he received his building permit that sidewalks would be required. He also stated that he felt seven of his properties would be affected, with some properties requiring sidewalks on two sides. Mr. Little asked the Commission for consideration regarding size, width or even to waive the sidewalk requirement. It was noted that several new sidewalks in town had not been built to 6’ A.D.A. width requirements.
Vice-Mayor Peterson stated that in the event staff deviates, for any reason, from the 6’ width requirement, then the same reason may be used for anyone else wishing to deviate from the requirement.
A motion was then made by Vice Mayor Peterson, seconded by Commissioner Schrzan, not to waive the requirement for sidewalks on collector and arterial streets. Motion carried 7-0.
AGENDA ITEM NO. 15: Discuss guidelines concerning rebating water and sewer tap fees above and beyond the fees on 11/10/06.
After discussing the guidelines concerning rebating water and sewer tap fees, it was agreed by the commission that an ordinance be placed on the next agenda authorizing a rebate to the person who originally pulled the permit.
AGENDA ITEM NO. 16: Consider an ordinance amending the amount to purchase materials, supplies and equipment without competitive bidding from $7,500 to $10,000.
Utilities Director Jim Bierd explained the reasons for this requests as the higher costs of materials and supplies. It would also allow action to be taken in a timely manner without having to wait for commission approval for small repairs.
After due and careful consideration, Ordinance No. 2315NS was introduced and the title read aloud.
ORDINANCE NO. 2315NS ENTITLED “ AN ORDINANCE RELATING TO THE PURCHASE OF SUPPLIES AND EQUIPMENT; AMENDING SUB-SECTION 2-107(b), ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; AMENDING THE AMOUNT THE CITY MANAGER MAY CONTRACT FOR AND PURCHASE OR ISSUE A PURCHASE ORDER FOR SUPPLIES, MATERIALS, AND EQUIPMENT FOR THE OFFICES, DEPARTMENTS AND AGENCIES OF THE CITY GOVERNMENT FROM $7500.00 TO $10,000.00; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Young, seconded by Commissioner Daugherty, that the Title and Section 1-2 be approved. Motion carried 7-0.
A motion was not made on Section 3, the Emergency Clause.
Thereupon Mayor Mills declared Ordinance No. 2315NS duly passed and adopted.
AGENDA ITEM NO. 17: Reconsider vote of June 4, 2007 concerning Ordinance No. 2312NS relating to solid waste pick up in the City of Shawnee.
Commissioner Marva O’Neal previously voted in favor of this ordinance at the June 4, 2007 city commission meeting and requested this item be placed on this agenda for reconsideration. She apologized for any confusion associated with this action, but felt compelled to go on record as voting against this ordinance. Commissioner O’Neal cited numerous phone calls she has received against the move to polycarts, as well as her concern for citizens on fixed incomes. She further cited the results of the pilot program among her reasons to reconsider. While acknowledging the eventual move to polycarts, she asked fellow commissioners to reconsider the issue to give residents time to adjust to the change and the increased costs associated with it.
A motion was made by Commissioner O’Neal, seconded by Commissioner Schrzan, to reconsider vote of June 4, 2007 concerning Ordinance No. 2312NS relating to solid waste pick up in the City of Shawnee. Motion failed 3-4.
AGENDA ITEM NO. 18: Consider Ordinance No. 2312NS relating to solid waste pick up in the City of Shawnee.
This item was not considered due to the failure of the motion in Agenda Item No. 17.
AGENDA ITEM NO. 19: Consider Bids:
* Remodeling Old Jail and Office Area of Police Department Including Electrical (Open)
Police Chief William Mathis announced that one bid had been received from Omega Construction Services in the amount of $28,800.00. He requested the bid award be deferred until the next meeting to allow him time to review the bid with staff.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the bid for Remodeling Old Jail and Office Area of Police Department Including Electrical be deferred for review and recommendation at the next meeting. Motion carried 7-0.
AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 20: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 21: Administrative Reports
City Manager Jim Collard announced that the fire department would begin flushing fire hydrants soon. This is a much-needed operation that had been put on hold during the drought.
Dr. Collard also announced that the fire and building code work session previously scheduled for June 25, 2007 has been rescheduled for July 23, 2007 at 6:30 p.m.
Responding to a question from Commissioner Stephens, Police Chief Mathis announced that he would allow boating on the lake in one week (June 25, 2007). He commended Lt. Gribble and Cpl. Leader for their outstanding jobs in officer training at the lake.
AGENDA ITEM NO. 22: Commissioners Comments
Mayor Mills thanked all the person attending the Oklahoma Southeast Site Locators meeting recently. It was the largest group to ever attend from Shawnee.
Mayor Mills also spoke of the Horses in the City centennial art project. He urged participation in this program and noted that 8 horses had been sold to date.
Commissioner Young gave a recap of the meeting, mentioning in particular the positive report from Mike Crawford and the decision to allow boating on the lake in one week. He also reminded everyone of the July 4th fireworks show at the Expo Center.
Vice-Mayor Peterson noted that she had received a phone call regarding Mr. Breedlove’s sidewalk issue. She stated that future consideration would be needed to determine what is “new development.” She expressed concerns regarding the requirement to construct a sidewalk when building on to an existing structure.
AGENDA ITEM NO. 23: Adjournment.
There being no further business to be considered, a motion was made by Commissioner Young, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 7-0. (9:20 p.m.)
_________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
________________________________
PHYLLIS LOFTIS, DEPUTY CITY CLERK
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