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, 2000 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Brad Roach
Commissioner Ward 5
INVOCATION Reverend David Clewell
St. Paul’s United Methodist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 8
b. Minutes of January 3, 2000 meeting
c. Budget Amendment in Workers Compensation Self-Insurance Fund
d. Transfer of Appropriations in General Fund
e. Acknowledge the following reports and minutes:
* Budget Status Report as of December 31, 1999
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of January 2000
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of December 1999
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of December 1999
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of December 1999
* Utility Division Report for the month of December 1999
* Building Inspector Report for the month of December 1999
* Shawnee Police Report for the month of December 1999
* Shawnee Community Center Report for the month of December 1999 and Quarterly Report for October, November, December 1999
* Citizen Advisory Committee minutes of December 8, 1999 meeting
* Sister Cities Council minutes of December 14, 1999 meeting
* Shawnee Urban Renewal Authority minutes of December 7 and December 21, 1999 meetings
f. Lakesite Leases:
Renewal: Lot 5, Magnino Tract
Dean & Sylvia Orr
1730 Ensey Terrace
Mustang, OK 73064
Transfer: Lot 8, North School Tract
From: David M. Church To: Clayton B. Bothroyd
1309 Charles Dr. 2317 Gladstone Terr.
Shawnee, OK 74804 Okla.City, OK 73120
g. Approve out of state travel for Mike Southard to attend American Planning Association Conference in New York, New York April 13 – 19, 2000
h. Approve out of state travel for Mike Adams, Mike Breed and Billy Mitchell to attend the Fire Department Instructors Conference in Indianapolis, Indiana March 1 – 4, 2000
i. Approve out of state travel for Jennifer Duff to attend Debris Management Course at the Emergency Management Institute in Emmittsburg, Maryland March 7 – 10, 2000.
j. Accept letter of resignation from James T. Stuart from the Shawnee Housing Authority Board.
k. Authorize staff to advertise for bids for new mower for cemetery
l. Authorize staff to advertise for bids for installation of new lighting for the west ball field at Lions Club Park
m. Mayor’s Appointment:
Shawnee Public Library Board
Appoint Dr. John Stobbe to a term to expire 6/30/03
COMMISSIONER ROACH NOW PRESENT AT 7:36 P. M.
Before the Consent Agenda was considered, Commissioner Claybrook requested items (c), (g), and (i), be pulled and discussed separately.
Under 1(c), Commissioner Claybrook asked for an explanation about the Workers Compensation Self-Insurance Fund balance and where was the monies coming from and how it would be used.
City Treasurer/Finance Director Jim Wilsie explained that these appropriated funds were carried over from the prior fiscal year in excess of the original estimates.
The amount of $203,901.02 was an accumulation of the $150,000 anticipated expenses for Police Officer Jeff Rodgers injuries and other outstanding claims.
Mr. Wilsie stated that the budget amendment was now being done since staff waited until the audit was completed.
He noted that these costs were figured in the calculations and that he would be checking the various options available to the City after this fiscal year’s audit is finished as to how best to apply the monies.
Commissioner Claybrook made comment that at the time the Commission voted to pass the McCalip claim costs on to the taxpayers, which he voted against, he was under the assumption that the workers compensation funds had been depleted.
A motion was made by Commissioner Claybrook, seconded by Commissioner Winrow, that Consent Agenda Item No. 1(c), of the Budget Amendment to the Workers Compensation Self-Insurance Fund in the amount of $203,901.02 be approved. Motion carried.
AYE: Claybrook, Winrow, Roach, Downing, Gillham, Young, Harden
NAY: None
Next, Community Development Director Michael Southard responded to Consent Agenda Item No. 1 (g).
Mr. Southard stated that he would like permission to attend the American Planning Association’s National Conference in New York in April to represent Oklahoma.
He noted that he was the State’s Chapter President and it was also a requirement of his professional certification that he pursue continuing education credits.
In answering questions from the Commission, he stated that the conference entails new issues and case studies, downtown revitalization studies, and many more sessions relating to planning issues.
In relating to the ad valorem taxes that have been placed upon the citizens taxes in relation to a recent workers compensation case, Commissioner Claybrook recommended that non-essential expenditures should be eliminated.
Commissioner Claybrook made a motion to deny the travel request. The motion died for lack of a second.
Next, Vice Mayor Downing made a motion, seconded by Commissioner Young, to approve Consent Agenda 1 (g), the out-of-state travel for Michael Southard. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Gillham
NAY: Claybrook
Commissioner Roach requested a report from Mr. Southard after he returns from his conference in April.
Then under Consent Agenda Item No. 1 (i), Commissioner Claybrook stated that for the same reason as the last item, he was making a motion to deny out-of-state travel for Jennifer Duff to attend the Emergency Management Institute in Emmitsburg, Maryland. The motion died for lack of a second.
At this time, Fire Chief James Roberts responded by stating that the majority of the expenses would be paid by Federal funds. He stated that the City would be out for per diem for approximately $200.00 for Ms. Duff.
Fire Chief Roberts explained that this course was essential to her duties and he urged the Commission’s approval .
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (i), out-of-state travel for Jennifer Duff. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation:
Mayor Harden presented a plaque to Mr. M. M. (Buddy) Henderson in appreciation of 28 years of service to the City as a member of the Shawnee Urban Renewal Authority Board.
Mr. Ron Henderson, son of Mr. Henderson accepted the plaque on behalf of his father who was not able to attend due to health reasons.
AGENDA ITEM NO. 3: Presentation of Shawnee Community Center Annual Report for 1999 by Lerlene Hill, Director.
Mrs. Lerlene Hill, Director of the Shawnee Community Center, presented the annual report for 1999.
Mrs. Hill stated that 1999 was the Center’s seventh year of operation and she gave statistics that included the following:
Number of Events 3,318
Participation 57,875
Hours of Operation 8,026
Donations and Charges $5,610
She reported that the Center was in use 327 days of the 365 days of 1999.
And concluding, Mrs. Hill gave a brief report on the Heritage Library’s special events held in 1999.
AGENDA ITEM NO. 4: Consider an ordinance to rezone property located in the 600 block of West MacArthur and North to 39th Street (West of Kickapoo) from A-1; Agricultural District, R-1; Single Family Residential District; R-3; Multi-Family Residential District to C-2P; Suburban Office District with Conditional Use Permit for educational and related use. (Applicant: Almon Henson for O.B.U.) (Continued from 1/3/00)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located in the 600 Block of West MacArthur and North to 39th Street (West of Kickapoo) for educational and related use.
It was noted that the Planning Commission and staff recommended approval of the application.
The Commission had deferred action from the last meeting to allow Mr. Phil Olson, 41 Timber Creek, more time to notify area residents of the rezoning. At the last meeting Mr. Olson had spoken in opposition to the rezoning.
Mr. Olson appeared before the Commission to state his continued opposition to the rezoning and stated reasons as devaluation of property, increase in traffic and noise if a dorm or tract and field was built next to his property, and lack of sufficient “buffer” zone between the two properties.
He had filed a petition opposing the rezoning with 135 signatures with the City Clerk’s Office this same afternoon. For informational purposes, there were 29 qualified signatures on the petition based on the notification requirements within the 300 foot radius to surrounding property owners.
Ms. Carolyn Roddy, who helped Mr. Olson with the petition, also spoke in opposition of the rezoning. She pointed out that many residents felt that the City was “putting the cart before the horse” when rezoning at this point there was no definite plans for the property.
Next, Community Development Director Michael Southard reported on the various uses in C-2 and C-3 zonings. He stated that C-2 was more restrictive to the property uses and it was staff’s recommendation that C-2 zoning be applied for in which OBU agreed to do.
In discussion, there was questions from the Commission about how much control the City would have in granting site approval; for instance, the aesthetics of a building to the surrounding residential area.
Mr. Southard responded that under C-2 zoning it restricts the property uses to be as compatible to its surroundings. He noted that the City of Edmond was the only city in Oklahoma that has certain restrictions and authority. For example; they have the authority to determine what color a building should be and he stated that many other cities feel that they have overstepped their regulatory authority.
In discussion, Commissioner Gillham commented that it has always been his concern for the past eight years as Commissioner that this Commission has always been put in a situation where they approved a rezoning for a certain type of business and it was not built or another type of business went in other than what was requested.
Commissioner Gillham asked the city attorney to research methods of finding the best solutions for site approval and he included the “emergency clause” issue to go on the next city election.
Although these questions were raised under this item, the Commission did not question the good intentions that OBU had for this property.
Next, Mayor Harden gave time to the OBU representatives to address the Commission.
Appearing was Dr. Mark Brister, OBU President and Mr. Almon Henson, general counsel for the University.
They again reiterated that the opportunity to purchase the 100-acre property was available and they purchased the property for future growth.
In their response regarding the “buffer zone,” Dr. Brister stated that it was a concern of theirs that it could create more problems such as lack of security and loss of land use. He asked that the Commission consider the application as presented and the buffer zone issue could be considered later.
After due and careful consideration, Ordinance No. 1956NS was introduced and the title was read aloud.
Ordinance No. 1956NS 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 being a part of the Southeast Quarter (SE/4) of Section 1, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, being more particularly described as follows: Beginning at the Southeast Corner of the Southeast Quarter (SE/4); thence N 0º 00’ 02”E along the East line of said Southeast Quarter a distance of 1324.88 feet to the Southeast Corner of the North Half of the Southeast Quarter (N/2 SE/4); thence S 89º 56’41”W along the South line of the North Half of said Southeast Quarter (N/2 SE/4) a distance of 583.00 feet to the point of beginning; thence continuing S89º56’41”W along the said South line of the North Half of the Southeast Quarter (N/2 SE/4) a distance of 2048.84 feet to a point on the West line of said Southeast Quarter (SE/4); thence N 0º 04’40”W along the West line of the Southeast Quarter (SE/4) a distance of 1326.38 feet to the Northwest Corner of said Southeast Quarter (SE/4); thence N89º58’39E along the North line of said Southeast Quarter (SE/4) a distance of 2633.65 feet to the Northeast Corner of said Southeast Quarter (SE/4); thence S0º00’02”W perpendicular to the East line of said Southeast Quarter (SE/4) a distance of 500.00 feet; thence N89º59’58”W perpendicular to the East line of said Southeast Quarter (SE/4) a distance of 583.00 feet; thence S0º00’02”W parallel to the East line of said Southeast Quarter (SE/4) a distance of 825.44 feet to the point of beginning and
Lots Three (3), Four (4), Five (5), Six (6), Nine (9), Ten (10) and Eleven (11), Gilmore’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma; rezoning said property from zoning classifications A-1; Agricultural District; R-1; Single Family Residential District and R-3; Multi-family Residential District to C-2P; Suburban Office District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Young, Downing, Gillham, Harden, Winrow, Roach
NAY: Claybrook
Commissioner Claybrook qualified his voted because of “no buffer” zone.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Downing, Young, Harden, Winrow
NAY: Roach, Claybrook, Gillham
Thereupon Mayor Harden declared Ordinance No. 1956NS duly passed and adopted and effective 30 days from this date.
AGENDA ITEM NO. 5: Consider an ordinance amending subdivision regulations by eliminating side yard setback lines being measured from side lot utility easement.
In a brief report, Community Development Director Michael Southard stated that this ordinance was a housekeeping measure to clear up an inconsistency between the zoning code and subdivision ordinance regarding measurements of setback lines.
The proposed ordinance would eliminate the requirement for measurement to begin at the easement and allow a building to be built on the setback line or easement line whichever is greater.
Ordinance No. 1957NS was introduced and the title read aloud.
Ordinance No. 1957NS entitled “An ordinance relating to the side yard setback line requirement for measurements from utility easements on side lot lines; amending Section 40.2.3B, Article IV of the Subdivision Regulations of the Code of the City of Shawnee, Oklahoma; eliminating the requirement that side yard setback lines be measured from the near edge of the side lot utility easement; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1957NS duly passed and adopted.
AGENDA ITEM NO. 6: Discuss and consider N. Union Street paving project (north of 45th) rights of way purchases.
City Engineer John Krywicki explained that earlier last year, the City Commission authorized him to advertise the North Union Paving Project contingent upon the City receiving the needed right-of-way to construct the project without expending funds to acquire the right-of-way.
He stated that after efforts were attempted to secure the parcels by having property owners donate the land which were unsuccessful, the City had appraisals completed. The total appraisal for all three parcels is $25,247.00.
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to authorize staff to present offers to the owners to purchase the rights-of-way.
At the end of this item, City Engineer John Krywicki stated that he would come back to the Commission if the offer could not be negotiated with the owners.
AGENDA ITEM NO. 7: Consider adding Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions to Ward 5.
In preparation for the soon to be annexed additions on February 2, 2000, the Planning staff recommended that these additions be assigned to Ward 5 since it is the only ward that borders the Granada neighborhood.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to add Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions to Ward 5. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 8: Consider bids for Oakland Street Project – Draper to Lindale (open)
The following bids were opened, read aloud and found to be as follows:
BIDDER AMOUNT
S.E.A. Construction Corp. $124,729.21
Edmond, OK
Rudy Construction $154,705.25
Oklahoma City, OK
Vantage Paving, Inc. $153,815.43
Oklahoma City, OK
Winsett Concrete Construction $137,870.50
Shawnee, OK
Central Contracting Services $125,537.50
Shawnee, OK
Krapff-Reynolds Construction Co. $153,573.00
Midwest City, OK
ENGINEER’S ESTIMATE: $144,734.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the bids for the Oakland Street Project (Draper to Lindale) be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 9: New Business.
Under New Business, Commissioner Roach requested City Attorney John Canavan to present the rezoning site approval options within a month.
AGENDA ITEM NO. 10: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 11: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 12: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Claybrook brought up a couple of items.
His first question was about the Central Oklahoma Environmental Association and if it was in total operation. This Association was organized to provide a place to deposit hazardous waste and the City of Shawnee paid an $8,000 membership fee last year.
Mr. James Cole, Public Works Director, responded by informing the Commission that the building was not finished and not in operation yet, but he would contact the Association to get an update on the progress.
The second question that Commissioner Claybrook asked was about the National League of Cities convention the Commission attended in Los Angeles, California held in December, which he and Commissioner Roach did not attend.
He asked if there was anything the Commissioners learned that could benefit the City.
First responding was Commissioner Gillham, who stated that one of the main concerns of the cities is the reduction in sales tax due to the growing impact of internet sales in communities across the nation. He stated that 70% of internet sales are non-taxed.
Mayor Harden responded that not only do the workshops she attends benefit the City, but the importance of networking with other constituents in sharing ideas and listening to others with some of the same problems as Shawnee is beneficial.
She further commented that training is essential in doing a good job; and attending these meetings is a learning experience. She stated she had brought back materials of information to share.
Commissioner Winrow stated that she was impressed with the young people who were interested in local government.
Commissioner Young also commented that the meetings were beneficial and in networking with others they can learn from us and he felt that attending these conference should be continued.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Commissioner Young,
that the meeting be adjourned. Motion carried. (9:26 p.m.)
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK
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