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, January 5, 2004 at 7:00 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 James Harrod
Commissioner Ward 1 Commissioner Ward 3
Bob Weaver Linda Peterson
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Robert M. Pettyjohn
Commissioner Ward 2
INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church
FLAG SALUTE Mayor Harden
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. 14.
b. Minutes of the December 15, 2003 meeting.
c. Budget Amendment in Shawnee Airport Authority Fund
d. Transfers of Appropriations in 2001 CDBG Entitlement Fund, 2002 CDBG Entitlement Fund and General Fund.
e. Acknowledge the following minutes:
* Shawnee Urban Renewal Authority minutes from the December 2, 2003 meeting
* Planning Commission minutes from the December 3, 2003 meeting.
* Civic and Cultural Development Authority minutes from the November 20, 2003 meeting.
f. Lakesite Leases:
Renewals:
Lot 22, Johnston Tract Lot 7A, North School Tract
Robert & Sharon Patnaude Everett & Virginia Potter
19581 N.E. 23rd 132 Ingram Road
Harrah, OK 73045 Shawnee, OK 74801
Lot 1, Roewe Tract Lot 6, Coffman Tract
Richard & Pamela Thielen Wayne & Barbara O’Berg
12437 Sussex Road P.O. Box 1070
Midwest City, OK 73130 Bethany, OK 73008
Transfer:
Lot 8, Magnino A Tract
To: Richard & Elizabeth Sims From: Roberta Duy
1718 N. Park P.O. Box 3030
Shawnee, OK 74804 Shawnee, OK 74802-3030
g. Mayor’s Appointment:
Oklahoma Baptist University Board of Trustees
Reappoint Randy L. Smith to a term to expire 8/1/09
h. Approve State-Local Disaster Assistance Agreement with the Oklahoma Department of Emergency Management for the Safe Room Rebate Program.
i. Approve out-of-state travel for Fire Chief Jerry Bower and Battalion Chief Curt Lamastus to attend a pre-build conference for ladder truck in Ocala, Florida on January 13 – 16, 2004.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Consent Agenda Item No. 1 (a-i), inclusive, be approved as presented. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 2: Presentation by Danny George of Oklahoma Municipal League recognizing Teresa P. Brown, Jennifer S. Thomas and Thomas B. Hennigh for 25 years of service to the City of Shawnee.
Ms. Carolyn Stagner, Oklahoma Municipal League representative, presented lapel pins and certificates of Honor Roll of Service to Teresa P. Brown, Jennifer S. Thomas, and Thomas B. Hennigh for twenty-five years of service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located east of Bryan Street and north of MacArthur Street from A-1; Agricultural District to RE; Rural Estates District for rural residential use. (Applicant: City of Shawnee)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located east of Bryan Street and north of MacArthur Street for the purpose of rural residential use.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest to the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2119NS was introduced and the title read aloud.
Ordinance No. 2119NS 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: Commencing at the SW/C of the SW/4 of Section 4, Township 10N, Range 4E of the Indian Meridian, Pottawatomie County, Oklahoma, thence 836.29 feet east along the south section line, thence 533.44 feet north to the point of beginning, thence 2,128.66 feet north, thence 823.14 feet west to the east section line, thence 2,128.66 feet south, thence 823.14 feet east to the point of beginning and rezoning said property from A-1; Agricultural District to RE; Rural Estates District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2119NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located east of Airport Drive and north of Independence from C-3; Automotive and Commercial Recreation District to R-3; Multi-Family Residential District for use as apartment complex. (Applicant: Terry Carty on behalf of Smart Company, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located east of Airport Drive and north of Independence Street for the purpose of an apartment complex.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest to the rezoning.
Mr. Philip Hillhouse, 930 N. Market, voiced concerns about proper drainage from the complex.
Mr. Terry Carty, representative of the applicant, spoke in favor of the application stating that it would be apartments that would be affordable housing for the senior citizens.
After due and careful consideration, Ordinance No. 2120NS was introduced and the title read aloud.
Ordinance No. 2120NS 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: A tract of land located in the Southeast Quarter (SE/4) of Section 12, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Commencing at the Southeast Corner (SE/C) of said Southeast Quarter (SE/4); thence N00º12’09”E a distance of 720.00 feet; thence S89º57’05”W a distance of 273.00 feet; thence S88º 42’28”W a distance of 168.56 feet to the point of beginning; thence S88º42’28”W a distance of 16.25 feet; thence S 89 57’05”W a distance of 380.00 feet; thence S00º 12’09”W a distance of 90.00 feet; thence S89º57’05”W a distance of 234.85 feet; thence N00º 12’09E a distance of 94.02 feet; thence S89º57’05”W a distance of 50.11 feet; thence N 00º13’35”E a distance of 604.42 feet; thence 89º53’06”E a distance of 680.96 feet; thence S00º12’09”W a distance of 608.88 feet to the point of beginning, rezoning said property from C-3; Automotive and Commercial Recreation District to R-3; Multi-Family Residential District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2120NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider resolution of support of tax credit award to be given to Anchor Housing, L.P. XI for proposed multi-family housing development for the elderly located at 1701 Airport Drive.
Resolution No. 6180 was introduced and the title read aloud.
Resolution No. 6180 entitled “A resolution supporting the construction of a 60 unit housing development, known as Legacy Park, located within the corporate limits of the City of Shawnee, OK; supporting favorable consideration be given for tax credit award for project for the tax cycle commencing in January 2004, and finding that the proposed project is consistent with the city’s affordable housing strategy and Comprehensive Plan.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that Resolution No. 6180 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution No. 6180 duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance adopting updated building codes.
Mayor Harden declared a public hearing in session to consider adopting updated building codes.
Mayor Harden asked if any persons wished to appear in regards to the building codes.
No persons appeared and the public hearing was closed.
Mike Southard, Planning Director, explained that the State Fire Marshal had adopted the 2003 International Codes as the standard for construction across the state and the City was currently operating under the following building codes: 1996 BOCA, ’95 CABO, ’96 IMC, ’96 NEC, ’96 IPC, ’97 101 Life Safety, ’96 IFG, and the ’96 Property Maintenance.
Mr. Southard noted by the City updating to the 2003 International Codes, the codes will be better coordinated and up-to-date with the State Codes.
Mr. Southard requested more time to review and present the ordinance at the next meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to defer the ordinance to the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider authorizing payment for emergency repairs to water line at Kickapoo and 45th streets and replacement of 16” valve at Kickapoo and Penny streets.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to authorize payment to Central Contracting Services, Inc. for emergency repairs to water line break at Kickapoo and 45th streets in the amount of $33,442.18, except the sales tax of $489.03. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 8: Consider appeal of Rick Rounds regarding the hearing officer’s decision to declare the property located at 202 S. Oak a dilapidated structure.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to affirm the Hearing Officer’s decision to declare the property located at 202 S. Oak a dilapidated structure. Motion carried.
AYE: Claybrook, Downing, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 9: Consider allowing Vantage Paving to be released from contract for North Union Street Paving Project.
City Engineer John Krywicki recommended to the Commission that Vantage Paving be released from the North Union paving contract since it had not been started due to delays on the project and the unit prices bid a year ago could no longer be honored.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve releasing Vantage Paving from contract for North Union Street Paving project and to readvertise for bid opening at the February 2, 2004 meeting. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Consider an ordinance requiring the inclusion of a map in the notice mailed to persons within 300 feet of an area requesting a rezoning.
Ordinance No. 2121NS was introduced and the title read aloud.
Ordinance No. 2121NS entitled “An ordinance relating to the contents of notice mailed to affected persons surrounding a rezoning area; amending Sections 1501.3 and 1501.5 of the zoning code of the City of Shawnee, Oklahoma; requiring a map of the affected area be included in the notice mailed to all owners of real property within the three hundred foot radius of an area to be considered for rezoning; providing for severability and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 4, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2121NS duly passed and adopted.
AGENDA ITEM NO. 11: Consider a resolution supporting the formation of a countywide enhanced 911 emergency telephone system.
Resolution No. 6181 was introduced and the title read aloud.
Resolution No. 6181 entitled “ A resolution expressing support for the formation of a county-wide E-911 system for Pottawatomie County in efforts to provide 911 emergency services to all residents whose telephone exchange begin with prefixes of 214, 273, 275, 878 and to invite participation by other governing bodies in a county-wide E-911 service.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that Resolution No. 6181 be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6181 duly passed and adopted.
AGENDA ITEM NO. 12: Consider contract with Shawnee Animal Hospital to provide euthanasia services to Shawnee Animal Shelter.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the contract with Shawnee Animal Hospital to provide euthanasia services to Shawnee Animal Shelter be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 13: Presentation and discussion of Transportation chapter of Comprehensive Plan.
Community Development Director Mike Southard presented the final chapter of Phase 1 of the Comprehensive Plan.
The chapter dealt with transportation issues and coordinates land use decisions with transportation demands.
Some of the key issues Mr. Southard touched on included:
*expand non-vehicular circulation, bicycle paths
*enhance roadway efficiency, easy to navigate, accessibility
*feasibility of public transportation, bus, commuter train
*strengthen and support multi-modal transportation, airport, rail and roadway to transport goods and services
Concluding, Mr. Southard advised that the Phase 2 of the Comprehensive Plan update would begin in mid-February and conclude in August, 2004.
AGENDA ITEM NO. 14: Consider Bids.
The following bids were opened, read into record, and found to be as follows:
a. One Used Tandem Axle Cab and Chassis (Open)
Bidder Amount
Stewart Wholesale, Inc. $13,750.00
Shawnee, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept the recommendation from staff to award the bid to Stewart Wholesale, Inc,, Shawnee, Oklahoma, in the amount of $13,750.00 as the lowest and best bid meeting specifications. Motion
BJP Enterprises, Inc. $615,292.07 $322,461.00
Guthrie, OK
Shell Construction Co. $742,788.00 $318,014.50
Oklahoma City, OK
Rudy Construction Co. $607,891.45 $300,198.20
Prague, OK
Jordan Contractors $720,417.35 $417,734.20
Tecumseh, OK
Vantage Paving $538,269.90 $241,686.00
Oklahoma City, OK
AAA Landscape $ 47,709.00 $ 35,941.00
Oklahoma City, OK
Engineer’s Estimate: $541,285.50 $295,161.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to defer the bids on the Bell Street Streetscape Project to staff for review and make recommendation at the next meeting.
Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 15: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
Under New Business, Mayor Harden read a letter from Commissioner Robert Pettyjohn, resigning his seat as Commissioner of Ward 2, due to moving his residence from that ward.
Fire Chief Jerry Bower addressed Commissioner Weaver’s concerns regarding the building codes affecting Head Start enrollment and occupancy thought to be done tomorrow. This item was brought up under the building code agenda item.
He advised that after talking to the Fire Marshal, the building would not be occupied until March and the Fire Marshal would be in contact with the State Fire Marshal regarding the current issues about the occupancy of the building.
AGENDA ITEM NO. 16: Administrative Reports.
Under Administrative Reports, City Engineer John Krywicki reported to the Commission that after taking measurements on the ramps at the Shawnee Public Library, he confirmed that they met ADA requirements.
AGENDA ITEM NO. 17: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Robert Barnard, and former city commissioner, spoke in regards to the transportation report on the
Comprehensive Plan.
He added that the State is interested in the potential for a commuter train running east and west from Oklahoma City to McAlester in the future.
AGENDA ITEM NO. 18: Commissioners Comments.
Under Commissioners Comments, the following spoke:
Commissioner Harrod questioned Public Works Director James Cole about the status of the Shawnee Twin Lakes water levels.
Mr. Cole noted he has a proposed water rate increase ready for the Commission’s review and plans to supplement the city’s reservoirs with Atoka water starting next week.
Commissioner Claybrook asked about the mid-year budget status report. Staff will give the report at the next meeting.
Commissioner Weaver inquired about the New Year’s Eve fireworks at Wesley United Methodist Church and asked if a permit was issued.
He was advised by Fire Chief Jerry Bower that the Fire Department staff was not aware of the fireworks display and did not issue a permit.
AGENDA ITEM NO. 19: Adjournment.
There being no other business to come before the meeting, a motion
was made by Commissioner Harrod, seconded by Commissioner Peterson,
that the meeting be adjourned. Motion carried. (9:03 p.m.)
AYE: Harrod, Peterson, Downing, Claybrook, Harden, Weaver
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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