Date: 4/5/2004Board: City CommissionDocumentType: MinutesWeb Posted: 8/30/2004 1:22:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

APRIL 5, 2004 AT 7:00 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, April 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 Vacant
Commissioner Ward 1 Commissioner Ward 2

James Harrod Linda Peterson
Commissioner Ward 3 Commissioner Ward 5

Bob Downing
Commissioner Ward 6-Vice Mayor

ABSENT: Bob Weaver
Commissioner Ward 4

INVOCATION Reverend Sue Trei-Conrad
United Presbyterian 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. 7.

b. Minutes of the March 15, 2004 meeting.

c. Transfers of Appropriations in General Fund.

d. Acknowledge the following minutes:

* Planning Commission minutes from the March 3, 2004 meeting

* Shawnee Urban Renewal Authority minutes from the March 2, 2004 meeting

* Civic and Cultural Development Authority minutes from the February 19, 2004 meeting

e. Lakesite Leases:

Renewals:

Lot 13, Hart Tract Lot 6, Seck Tract

James Reid Phillip & Diana Spangler
17309 Sun River Ct. 45 Post Office Neck
Edmond, OK 73003 Shawnee, OK 74801

Lot 2, Seck Tract Lot 1A, Mosler Tract

Roger & Helen Lamb Shawnee Home Builders Assoc.
14-A Post Office Neck P.O. Box 1089
Shawnee, OK 74801 Shawnee, OK 74802-1089

Lot 4, Eckel Tract

Bobby & Jenelle Cox
6815 Highway 177
Shawnee, OK 74801

f. Approve request to submit application for funding to the Oklahoma Housing Finance Agency for the FY 2004 HOME Investment Partnership Program; Owner-Occupied Rehabilitation Program.

g. Approve Oklahoma Municipal Retirement Fund application of David L. Derk for lump sum distribution.

h. Acknowledge Declaration of Gift from Fred Hallock of reception counter and small table to City Clerk’s Office.

i. Approve out-of-state travel for Jerry Bower to attend the International Association of Fire Chief’s Southwest Division Conference in Hot Springs, Arkansas from May 2 - 6, 2004.

j. Approve Department of Environmental Quality Permit No. WL000063031361 for the construction of 166 linear feet of six inch water line to serve the Windmill Ridge Office Complex.

k. Mayor’s Reappointment:

Shawnee Housing Authority

Reappoint Scott R. Huebert to a three year term to expire 2/4/07

A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Consent Agenda Item No. 1 (a-k), inclusive, be approved as presented. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamations.

Vice Mayor Downing presented the following proclamation:

“Arbor Day”
April 17, 2004
(accepted by Tom Terry, Beautification Committee Chair)

Commissioner Peterson issued the following proclamation:


“City Wide Clean-Up Day”
April 24, 2004
(accepted by Public Works Director James Cole and BFI Manager)

Commissioner Harrod issued the following proclamation:

“Child Abuse Prevention Month”
April, 2004
(accepted by Tonya James, Coordinator and Carolyn Marks)

Mayor Harden issued the following proclamation:

“Sexual Assault Awareness Month”
April, 2004
(accepted by Ann Lorrence, Project Safe Executive Director and members)

AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 31824 Ingram Road from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit to allow move in of a residential mobile home. (Applicant: Michael and Shelly Davis) (Deferred from 3/15/04)

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located 31824 Ingram Road to allow move in of a residential mobile home.
It was noted the Planning Commission had recommended denial of the rezoning conditional use permit application due to incomplete requirements. Since the Planning Commission’s meeting, all the required items have been completed per report by the Planning staff. There were no were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2146NS was introduced and the title read aloud.
Ordinance No. 2164NS 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 described as beginning at the Northeast Corner of the Southwest Quarter of the Northeast Quarter (SW/4 NE/4) of Section 16, Township 10 North, Range 2 East; thence S00º 04’03”W a distance of 329.40 feet; thence N89º24’36”W a distance of 697.34 feet; thence N00º04’03”E a distance of 329.51 feet; thence S89º 24’04”E a distance of 697.34 feet to the point of beginning rezoning said property from A-1, Agricultural District to A-1P, Agricultural District with Conditional Use Permit and amending the official zoning map of the City of Shawnee accordingly.”

A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Peterson
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2146NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 31820 Ingram Road from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit to allow move in of a residential mobile home. (Applicant: Chris Kovach) (Deferred from 3/15/04)

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located 31820 Ingram Road to allow move in of a residential mobile home.
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 of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2147NS was introduced and the title read aloud.
Ordinance No. 2147NS 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 Southeast Corner of the Southwest Quarter of the Northeast Quarter (SE/4 NE/4) of Section 16, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence N00º04’03”E a distance of 329.39 feet; thence N89º25’45”W a distance of 697.34 feet; thence S00º04’04”W a distance of 329.50 feet; thence S89º26’12”E a distance of 697.34 feet to the point of beginning; rezoning said property from zoning classification A-1, Agricultural District to A-1P, Agricultural District with Conditional Use Permit and amending the official zoning map of the City of Shawnee accordingly.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Peterson
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2147NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider acceptance of improvements in Woodsong Addition and placing maintenance bonds into effect.

A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to accept improvements in Woodsong Addition and placing maintenance bonds into effect. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden
NAY: None

AGENDA ITEM NO. 6: Consider entering into an Agreement with Pottawatomie County and the Sac & Fox Nation to cause Brangus Road from Independence to MacArthur to be improved with asphalt paving.

A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to enter into an agreement with Pottawatomie County and the Sac & Fox Nation to cause Brangus Road from Independence to MacArthur to be improved with asphalt paving. Motion carried.
AYE: Downing, Claybrook, Harrod, Harden, Peterson
NAY: None

AGENDA ITEM NO. 7: Consider bids for 24” Water Main Extension. (Open)

The following bids were opened, read into record, and found to be as follows:
BIDDER AMOUNT

Jordan Contractors, Inc. $560,280.00
Tecumseh, OK

Jim Mayes Company, Inc. $432,846.50
Norman, OK

Krapff Reynolds Const. Co. $598,910.00
Oklahoma City, OK

Bowen Construction $647,145.00
Oklahoma City, OK

Downey Contracting LLC $586,740.00
Oklahoma City, OK

Tonto Construction Inc. $512,500.00
Muskogee, OK

M L Young Construction $485,997.60
Edmond, OK

Central Contracting $499,070.00
Oklahoma City, OK

ENGINEER’S ESTIMATE: $492,750.00

A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to defer the bids on the 24” Water Main Extension to staff for review and make recommendation at the next meeting. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden
NAY: None

AGENDA ITEM NO. 8: 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.

AGENDA ITEM NO. 9: Administrative Reports.

There were no Administrative Reports.

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: Commissioners Comments.

Under Commissioners Comments, Commissioner Harrod requested sales tax information from the last three months.
On behalf of the Commission, Mayor Harden announced and formally extended sympathies to the family on the passing of former City Manager Terry Powell after his battle with cancer.
Mr. Powell passed away on Sunday, April 4 and the funeral service would be held on Wednesday, April 7 at 10:00 a.m. at the Expo Convention Center.
AGENDA ITEM NO. 12: Adjournment.

There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (7:32 p.m.)
AYE: Downing, Harrod, Harden, Peterson, Claybrook
NAY: None

______________________________
MAYOR

(SEAL)
ATTEST:

_________________________________
CITY CLERK
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