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, March 5, 2001 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 Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Brad Roach
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
Steven Blair
Commissioner Ward 4
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 proposals as set forth in Agenda Item No. 9.
b. Minutes of February 20, 2001 meeting
c. Transfers of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes of January 18, 2001 meeting
* Planning Commission minutes of February 7, 2001 meeting
* Shawnee Urban Renewal Authority minutes of February 6, 2001 meeting
* Sister Cities Council minutes of January 23, 2001 meeting
e. Approve Policy and Procedure for community warning siren activation
f. Approve out-of-state travel for James Cole and Charles Bell to attend MIOX training in Albuquerque, New Mexico on March 12-13, 2001
g. Approve Change Order No. 1 concerning Phase 1 of Water Plant Improvements (reduction in price)
h. Approve a resolution nominating Trustees to the Oklahoma Municipal Assurance Group for three-year terms commencing July 1, 2001
i. Approve expenditure of $13,022.25 for emergency repair of Fire Department vehicle Ladder 1
j. Consider Applications for Contribution Refunds from Oklahoma Municipal Retirement Fund for Marion Lee McKey, Jr., Rickey Dug McMahan and Harold Dee Gearhardt
k. Acknowledge Byron Monroe’s letter of resignation as commissioner to the Shawnee Housing Authority
l. Mayor’s Appointment:
Shawnee Housing Authority
Appoint Scott R. Huebert to replace Byron Monroe to a 3 year term to expire 2/4/04
Before considering the Consent Agenda, Commissioner Pettyjohn requested to pull (i) for separate consideration.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve Consent Agenda Item No. 1 (a-l), less i., as presented. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Fire Chief James Roberts responded to questions by Commissioner Pettyjohn regarding the costs of repairing ladder truck No. 1 and explaining the necessary repairs.
He informed the Commission that the Fire Department had the truck about seven years and this was the first major repair to be made. He stated that the repairs could not be done by in-house mechanics.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve the expenditure of $13,022.25 for emergency repairs to Fire Department Ladder Truck No. 1. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Before issuing the proclamations, Mayor Harden acknowledged the following firefighters who were not at the last meeting to receive their Oklahoma Municipal League Honor Roll of Service certificates and pins.
Present were Michael D. Littrell, Richard A. Campbell and Harold Cook for 25 years of service to the City of Shawnee.
Mayor Harden issued the following proclamations:
“Louise Johnston Day”
February 24, 2001
(accepted by Louise Johnston, recipient of DIANA Award)
“Severe Weather Awareness” Month
March 2001
(accepted by Don Lynch, Deputy Fire Chief/Emergency Management and Training Director)
“Kelly Ogle Day”
March 22, 2001
(accepted by Judy Harrell, representing Shawnee’s Big Brothers and Big Sisters organization, on behalf of Kelly Ogle, recipient of the Don Bodard Friend of Youth Award)
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at Kickapoo and 35th streets from R-1; Single Family Residential District to C-3; Automotive and Commercial Recreation District for use as a strip mall. (Applicant: Glad Tidings Assembly of God) (Deferred from 2/20/01 meeting)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at Kickapoo and 35th streets for use as a strip mall.
It was noted the Planning Commission and staff recommended approval of the application for rezoning with the amended changes to reflect that lots 8-25 as C-3, Automotive and Commercial Recreation District and Lots 1-7 and 26-32 as C-1, Neighborhood Commercial District. There were no protests filed with the City Clerk.
Community Development Director Michael Southard reported that this compromise would allow commercial activities along Kickapoo while protecting the residential areas and the C-1 zoning would be the appropriate buffer between residential and higher uses since this is a transitional area.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Mr. Neal Martin, attorney, was present to represent the applicant.
After due and careful consideration, Ordinance No. 1998NS was introduced and the title read aloud.
Ordinance No. 1998NS 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: All of Block Two (2) Armourdale Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning the said property from R-1; Single Family Residential District to the following: Lots 8-25 rezoned to C-3; Automotive and Commercial Recreation District; and Lots 1-7 and Lots 26-32 to C-1; Neighborhood Commercial District; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Ordinance be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1998NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider Updated Comprehensive Plan and Land Use Map.
Mayor Harden declared a public hearing in session to consider updating of the Comprehensive Plan and Land Use Map.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the updating of the Comprehensive Plan and Land Use Map. No persons appeared and the public hearing was closed.
Community Development Director Michael Southard briefed the Commission on the continuous work of updating the Comprehensive Plan and Land Use map by hiring Triad Design Group to assist staff to upgrade the Plan to include a digital format, updating the map and the document.
He then introduced Ms. Arron Adel, Triad Design Group, who gave a short presentation of the changes in the Plan.
Since the Commission requested more time to review the document, the following motion was made.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to table decision on the Comprehensive Plan and Land Use Map to the next meeting. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 5: Consider approval of preliminary plat of the Windmill Ridge Second Addition. (Applicant: Greg and Tom Brown)
Community Development Director Michael Southard reported that the Planning Commission and staff were recommending approval of the preliminary plat of the Windmill Ridge Second Addition with a variance to the 500 foot maximum cul-de-sac length and the changes recommended by the City Fire Marshal pertaining to fire hydrant locations and type, and name change in streets for E911 purposes.
The Addition’s location is north of Independence and east of Bryan Street. It will consist of roughly 64 lots made up of single family detached units on 28 acres.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve the preliminary plat of the Windmill Ridge Second Addition with the required 500-foot maximum variance to the cul-de-sac and include changes recommended by the City Fire Marshal. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 6: Consider an ordinance allowing the sale of non-intoxicating beverages for on-premise consumption on Sundays by businesses whose sales of said beverages are not incidental to other goods and services.
At the last meeting, the City Commission directed the city attorney to prepare an ordinance for consideration regarding bars to open on Sundays.
Ms. Cindy Duggan, manager of Eldon’s Bar & Grill, who made the request at the last meeting appeared before the Commission again in support of the ordinance regulating the sale of beer in Shawnee on Sundays.
Ordinance No. 1999NS was introduced and the title read aloud.
Ordinance No. 1999NS entitled “An ordinance relating to the hours of sale of nonintoxicating beverages on Sundays; amending Section 4-75, Article II Chapter 4, of the Code of the City of Shawnee, Oklahoma; allowing the sale of nonintoxicating beverages for consumption on the premises by businesses when the sale of such beverages is not incidental to the sale of other goods or services; setting the hours for the sale of nonintoxicating beverages on Sunday; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Harrod, Harden, Roach, Downing, Pettyjohn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, Harrod, Harden
NAY: Roach, Claybrook, Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 1999NS duly passed and adopted and effective 30 days from this date.
AGENDA ITEM NO. 7: Consider request from Community Development Department to submit application for funding to the Oklahoma Housing Finance Agency for the FY 2000 HOME Investment Partnership Program, Owner-Occupied Rehabilitation Program.
Staff member Michael Southard reported that there is no matching funds required from the City to participate in the HOME program.
He reported that contingent upon funding, the CDBG office will be able to assist four recipients. The funds will be used to rehabilitate and reconstruct existing owner-occupied homes.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve the request from the Community Development Department to apply for funding to the Oklahoma Housing Finance Agency for the FY 2000 HOME Investment Partnership Program, Owner-Occupied Rehabilitation Program in the amount of $250,000. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 8: Consider authorizing staff to negotiate a contract with LandPlan Consulting of Tulsa to prepare a Downtown Streetscape Master Plan, begin work on the engineering design for a three block area and to work with staff on a TEA-21 grant application.
According to the agenda notes, the City Commission had previously allocated $500,000 toward the downtown streetscape project.
In the process of obtaining a consultant to prepare a master plan for downtown, a committee reviewed six proposals and interviewed two firms. The committee unanimously selected LandPlan based on its experience and project quality.
Beginning January 2002, the next round of TEA-21 projects will be submitted to the Oklahoma Department of Transportation (ODOT). The TEA-21 program requires an 80/20 local match.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve authorizing staff to negotiate a contract with LandPlan Consulting of Tulsa to prepare a Downtown Streetscape Master Plan, begin work on the engineering design for a three block area, and assist staff on a TEA-21 grant application. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 9: Consider proposals for Annual Audit and Consulting Services (open)
City Treasuer/Finance Director Jim Wilsie read into record the following proposals that were received.
Annual Audit Services
2000 – 2001 2001 – 2002 2002 - 2003
Bidder Base Alternate Base Alternate Base Alternate
Crawford & Associates, P. C.
Firm Specialist NA NA NA
Partner 125.00 130.00 135.00
Manager 95.00 100.00 105.00
Senior (In-Charge) 75.00 80.00 85.00
Staff 70.00 75.00 80.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to accept staff’s recommendation to defer the bids received for the annual audit services to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: 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. 11: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 12: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Don Forsberg, lakesite lessee, commented about the roads in the Shawnee Twin Lakes area in need of repair and he requested they be resurfaced, potholes filled, and some graveled.
It was noted that city staff would check into his requests.
AGENDA ITEM NO. 13: Commissioners’ Comments.
There were no Commissioners’ Comments.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the meeting be adjourned. (8:51 p.m.) Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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