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, May 17, 2004 at 7:00 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
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
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. 17.
b. Minutes of the May 3 and May 10, 2004 meetings.
c. Budget amendments in General Fund, 2002 Home Grant Fund, Gifts and Contributions Fund and Economic Development Fund.
d. Transfers of Appropriations in General Fund, Shawnee Municipal Authority Fund and Capital Improvement Fund.
e. Acknowledge the following reports and minutes:
Sales Tax Report through May, 2004
Utility Division Report for the month of April, 2004
City Clerk report for the month of April, 2004
Warrant Officer activity report for the month of April, 2004
Shawnee Urban Renewal Authority minutes from the April 20, 2004 meeting
Planning Commission minutes from the April 7, 2004 meeting.
Traffic and Transportation minutes from the March 23, 2004 meeting.
Airport Advisory Board minutes from the April 21, 2004 meeting.
Sister Cities Council minutes from the April 13, 2004 meeting
f. Lakesite Lease Renewal:
Lot 9, Belcher Tract
Patricia Cunningham and Edward Hall
7708 S. Country Club
Oklahoma City, OK 73159
g. Approve mortgage of leasehold interest of Shawnee Lake Hart Tract, Lots 11 and 12 to First United Bank with reservation of city right of approval of transfer.
h. Approve a resolution casting ballots for two trustees to fill vacancies on the Oklahoma Municipal Assurance Group board.
Resolution No. 6193 entitled “A resolution authorizing and directing Chuck Mills, Mayor and authorized agent of the City of Shawnee, Oklahoma, to cast votes for Trustees of the Oklahoma Municipal Assurance Group to fill expiring terms of Trustees.”
i. Acknowledge receipt of Tree City USA recognition from Congress of United States, House of Representatives.
j. Authorize staff to advertise for bids for one full size pickup to replace 1981 pickup used by police as evidence vehicle.
k. Authorize staff to advertise for bids for the Barton Industrial Park Sanitary Sewer Extension.
l. Recommendations from the Traffic and Transportation meeting of April 27, 2004 meeting:
(1) Request of Mr. Larry Rose to resign from Traffic & Transportation Board where he has served for over 21 years.
Recommendation: To accept resignation and request a resolution of appreciation from the City Commission.
(2) Request from Pat Williams of Williams Transmission, 315 W. Highland, to install traffic control measures in the alley behind their business.
Recommendation: To defer request until next meeting; additional traffic study needed.
(3) Request from Melissa Koon, 312 W. 32nd, to install “Children at Play” sign in the 300 block of West 32nd.
Recommendation: To deny request.
(4) Request from Public Works staff to extend white-way street lighting on Mall Drive from Wal-Mart east to I-40 ramp.
Recommendation: To approve request.
(5) Request from Public Works staff to install two new streetlights at the following locations: Industrial Drive and Wolverine Road intersection and Industrial Drive and Industrial Way intersection.
Recommendation: To approve request.
m. Mayor’s Appointments:
Shawnee Industrial Authority
Appoint Mike Townsend to replace Joe Remington to a 6-year term to expire July 16, 2010.
Appoint Terry Compton to replace Terry Powell to a 5-year term to expire July 16, 2009.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the Consent Agenda Item No. 1 (a-m), inclusive, be approved as presented. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 2: Consider resolution of appreciation to Larry Rose for over 21 years of service on the Traffic and Transportation Commission.
Resolution No. 6191 was introduced and the resolution was read aloud in full by Mayor Mills and presented to Mr. Larry Rose.
Resolution No. 6191 entitled “A resolution expressing appreciation to Larry Rose for over 21 years of loyal service to the Traffic and Transportation Board of the City of Shawnee, Oklahoma.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that Title and Resolution be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution No. 6191 duly passed and adopted.
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month (Tammy Johnson – Personnel).
Interim City Manager Terry Compton presented a plaque and gift certificate to Tammy Johnson, Employee Benefits Specialist, Personnel Department, as the May employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Introduction of the Sister Cities student delegation for the exchange trip to Nikaho, Japan from August 2 – 9, 2004.
Ms. Mary Chancellor, Board member of the Shawnee Sister Cities Council, introduced the 14 student delegates and two teachers selected for the fourteenth annual student exchange visit to Shawnee’s Sister City Nikaho, Japan. There will be a 21-delegation and those selected are listed as follows:
Hope Brown Sarah Cappo
Kayla Goodnight Kaitlyn Gregg
Laynie Henry Garrette McDonald
Sara Rogers Katherine Tucker
Annie Vallandingham Ali Walsh
Ethan Acock Phillip Gunderson
Adrian Swinney Cale Young
Rebecca Hampton, Teacher, Will Rogers Christine Brown, Teacher, SHS
Other ambassadors include:
Linda Peterson, City Commissioner
Ann Davis, Sister Cities Representative
Spencer Hatch, Sister Cities Student Rep
First Lady Kim Henry, State of Oklahoma
State Trooper, State of Oklahoma
AGENDA ITEM NO. 5: Consider a resolution refinancing Oklahoma Baptist University Authority bonds series 2004.
Resolution No. 6192 was introduced and the title read aloud.
Resolution No. 6192 entitled “Approval of sale of not to exceed $1,250,000 Oklahoma Baptist University Authority, Oklahoma Baptist University Revenue Refunding Bonds, Series 2004, designating bonds as bank qualified, waiving competitive bidding, and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the title and resolution be approved. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
Thereupon Mayor Mills declared Resolution No. 6192 duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 31503 Homer Lane from A-1; Agricultural District to RE; Residential Estates District for use as rural development. (Applicants: William and Mitzila Santos)
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 31503 Homer Lane for use as rural development.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills 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. 2157NS was introduced and the title read aloud.
Ordinance No. 2157NS 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 in the West Half of the West Half of the Northwest Quarter of the Northeast Quarter (W/2 W/2 NW/4 NE/4) of Section 16, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma, rezoning said property from A-1, Agricultural District to RE, Residential Estates District; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2157NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 1945 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow the serving of beer and alcoholic beverages for on-premise consumption. (Applicant: Frateli’s Italian Restaurant)
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 1945 North Kickapoo to allow the serving of beer and alcoholic beverages for on-premises consumption.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills 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. 2158NS was introduced and the title read aloud.
Ordinance No. 2158NS 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: Lots Twenty-Five (25), Twenty-Six (26), Twenty-Seven (27), Twenty-Eight (28), Twenty-Nine (29), and Thirty (30), Block Seventeen (17), Vermillion Heights Addition to the City of Shawnee, Pottawatomie County, Oklahoma, rezoning said property from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2158NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 600 W. Independence from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the selling of beer for off-premise consumption. (Applicant: Associated Wholesale Grocers, Inc. d/b/a Homeland Grocery Store).
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 600 West Independence to allow the selling of beer for off-premise consumption.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills 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. 2159NS was introduced and the title read aloud.
Ordinance No. 2159NS 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 lying 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 beginning 1053 feet S89°57’05”W from the Southeast Corner of the Southeast Quarter (SE/4); thence N00°12’09”W a distance of 360.00 feet; thence S89°57’05”W a distance of 615.00 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; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Hadley, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Hadley, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2159NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance vacating the alley located at Kennedy and Benedict streets. (Applicant: Lamar Belyeu).
Mayor Mills declared a public hearing in session to consider an ordinance vacating the alley located at Kennedy and Benedict streets.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Per staff notes, it was recommended that the utility easement be retained in the event any utilities are found on the property.
Mayor Mills 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. 2160NS was introduced and the title read aloud.
Ordinance No. 2160NS entitled “An ordinance vacating the alley lying between Lots Thirteen (13), Fourteen (14) and Fifteen (15) and Lots Twenty-Eight (28), Twenty-Nine (29) and Thirty (30), Block Eight (8), Hoffman’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof; specifically describing said property, reserving the right to reopen said alley; reserving utilities; and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2159NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider approval of final plat of Triangle Addition located on Harrison Street between MacArthur Street and Independence Street. (Applicant: Triangle LLC)
The Planning Commission recommended approval subject to the conditions being met that staff had identified. All but one has been changed on the plat. A variance is being requested to not have to dedicate right-of-way along Harrison. Code requires that 60' be dedicated on both sides of the section line, but only 50' was dedicated on the other side. Staff recommends denial of the variance and requires that at least 50' of right-of-way be dedicated. If nothing is dedicated, the City must purchase additional right-of-way for future expansions on Harrison Street.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to approve the recommendation from the Planning Commission to approve the final plat with a 50-foot right-of-way dedication for the Triangle Addition. Motion carried.
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 11: Consider establishing a water resource board and appointing the following members: Chuck Mills, Joe Taron, Joe Gilbert, Brad Roach. (Additional appointments to be made later)
In consideration of establishing a Water Resource Board, Mayor Mills stated that due to the City’s water problems this board would be an on-going board to address future matters of the water issues.
He issued a formal request through the media to the citizens who would be interested in being on the board to offer their expertise to assist in finding solutions.
Mayor Mills stated that Commissioner Linda Peterson would be an additional appointment.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, that a city Water Resource Board be established with the following initial members of Chuck Mills, Joe Taron, Joe Gilbert, Brad Roach, and Linda Peterson. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
AGENDA ITEM NO. 12: Consider an ordinance authorizing the calling and holding of a special election for the purpose of submitting to the voters the question of amending the present hotel/motel surcharge of 5% or $1.00, whichever is higher.
Mayor Mills, who is a member of the Shawnee Conventions & Visitors Bureau Advisory Committee, explained that due to the decline in the income from the present hotel and motel occupancies, it would be feasible to go from the $1.00 flat rate to a five percent (5%) rate or whichever is greater.
The Visitors Bureau receives its funding from the surcharge and the new rate would generate more income to help promote Shawnee.
In support of this effort, he informed that a survey had been conducted and many of the surrounding cities have set a percentage surcharge. Therefore, the proposed ordinance (proposition) for the surcharge rate change would go to the vote of the people on July 27, 2004; and if passed, then the new surcharge rate would become effective September 1, 2004.
Ordinance No. 2156NS was introduced and the title read aloud.
Ordinance No. 2156NS entitled “An ordinance amending the present hotel occupancy surcharge; amending Sections 25-226, 25-228 and 25-229, Division 1, Article IV of Chapter 25 of the Code of the City of Shawnee; changing article title; setting effective date of the ordinance as September 1, 2004; requiring approval of ordinance by majority of registered voters voting at an election held for such purpose as provided by law; amending Section 25-266, Division 2, Article IV of Chapter 25 of the Code of the City of Shawnee; amending the occupancy surcharge upon the service of furnishing rooms by hotels or motels within the City to 5% upon the gross receipts of each occupancy or One Dollar ($1.00) per occupied room per night, whichever is greater; and providing for severability.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Sections 1-5 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Hadley
NAY: None
ABSTAIN: Mills (member of Conventions & Visitors Bureau Tourism Advisory Committee)
Thereupon Mayor Mills declared Ordinance No. 2156NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider a resolution calling for the holding of a special election July 27, 2004 for the purpose of adopting Ordinance No. 2156NS amending the present hotel/motel surcharge to 5% of gross receipts or $1.00 per rental day, whichever is greater, as defined by ordinance; providing for said election to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot and fixing the effective date of the ordinance as the first day of September, 2004.
Resolution No. 6194 was introduced and the title read aloud.
Resolution No. 6194 entitled “A resolution calling and providing for the holding of a special election in the City of Shawnee, Oklahoma, for the purpose of adopting an ordinance amending the present Hotel-Motel Occupancy Surcharge levied and assessed from One Dollar per rental day on hotels and motels as defined by ordinance to five percent (5%) of gross receipts from all occupancy of hotel-motel rooms or one dollar ($1.00) per rental day on hotels and motels as defined by ordinance, whichever is greater; providing for said election to be conducted by the Pottawatomie County Election Board; and providing for voting by absentee ballot.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Resolution be approved. Motion carried.
AYE: Schrzan, O’Neal, Hadley, Peterson, Downing, Claybrook
NAY: None
ABSTAIN: Mills
Thereupon Mayor Mills declared Resolution No. 6194 duly passed and adopted.
AGENDA ITEM NO. 14: Consider approval of ballot to be submitted to Election Board.
The Commission reviewed the proposed proposition that would be placed on the ballot for July 27, 2004 election. After some minor changes for clarity, the following proposition read:
PROPOSITION
“SHALL ORDINANCE NO. 2156NS, ADOPTED ON THE 17th DAY OF MAY, 2004, BE APPROVED, WHICH AMENDS THE PRESENT HOTEL-MOTEL OCCUPANCY SURCHARGE AS FOLLOWS:
FROM: ONE DOLLAR ($1.00) PER RENTAL DAY UPON OCCUPIED HOTEL AND MOTEL ROOMS IN THE CITY OF SHAWNEE
TO: FIVE PERCENT (5%) UPON THE GROSS RECEIPTS FROM ALL OCCUPANCY OF HOTEL AND MOTEL ROOMS IN THE CITY OF SHAWNEE, OKLAHOMA, OR ONE DOLLAR ($1.00) PER RENTAL DAY UPON THE OCCUPIED HOTEL AND MOTEL ROOMS IN THE CITY OF SHAWNEE, WHICHEVER IS GREATER;
AND FIXES AN EFFECTIVE DATE OF THE ORDINANCE AS THE FIRST DAY OF SEPTEMBER, 2004.”
______________ YES – FOR THE PROPOSITION
______________ NO – AGAINST THE PROPOSITION
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, that the amended version of the ballot be approved
for submittal to the Pottawatomie County Election Board to be placed for primary election to be held on July 27, 2004. Motion carried.
AGENDA ITEM NO. 15: Consider agreements with Mehdi Azimi, owner of ACH Hopsital, and ERC Development Group, LLC, owner of Aldridge Hotel regarding sidewalk repairs, easements and reimbursement.
Community Development Director Mike Southard gave the staff report regarding requests for sidewalk improvements on North Bell Street beyond the Phase I Downtown Streetscape project. The owners of the ACH Hospital and Aldridge Hotel requested that the project extend in front of their properties and they would reimburse the city for the costs.
He noted that the Planning Commission and staff were recommending for approval of the agreements.
Mr. Southard reported that the only expense the City would incur would be installing the street light in front of the ACH Hospital which would cost under $3,000.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the agreements with Mendi Azimi owner of ACH Hospital and ERC Development Group, LLC, owner of the Aldridge Hotel for reimbursement to the City for sidewalk repairs and easements, and the City incur the expense for the street light. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 16: Consider City Manager Selection Procedure as proposed by City Manager Search Committee. (To be distributed at city commission meeting).
Mayor Mills distributed copies of the “City Manager Selection Procedure” for the Commission’s review.
The procedures were listed in 4 stages as: 1) Reviewing resumes by the search committee; 2)telephone interviews with selected candidates; 3) background check on candidates for those selected for on-site interviews ; 4) on-site interviews by the City Commission.
After discussion of the procedures, a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the City Managaer Selection Procedure be approved. Motion carried.
Mayor Mills announced that the first meeting of the selection committee would be on Wednesday, May 19, 2004 at 5:30 p.m. in the Commission Chambers, with an Executive Session on the agenda to review the applications.
AGENDA ITEM NO. 17: Consider Bids of Seneca Street Project – from Wayne to Sequoyah (Open)
The following bids were opened read aloud into record:
BIDS RECEIVED AMOUNT
Alternate
Concrete Asphalt
ML Young Construction, Inc. $359,846.30 $344,896.30
Edmond, OK
All Roads Paving, Inc. $351,032.60 $347,145.10
Oklahoma City, OK
Krapff Reynolds Const. Co. $367,322.50 $349,372.50
Oklahoma City, OK
Vantage Paving, Inc. $444,812.25 $424,222.25
Oklahoma City, OK
APAC – Oklahoma, Inc. $463,181.35 $439,231.35
Shawnee, OK
CP3 Enterprises, Inc. $381,716.00 $372,012.69
Maud, OK
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to accept staff’s recommendation to refer bids to staff for a review, report, and recommendation at the next meeting. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
AGENDA ITEM NO. 18: 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. 19: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 20: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. John Gault of G. T. Engineering, 7 American Way, manufacturer of rock bits, questioned when the roads would be paved as promised after being annexed into the city limits. He will be making additions to the building and needed information about the easements and sewer extension before building.
Interim City Manager Terry Compton and City Engineer John Krywicki will meet with Mr. Gault.
AGENDA ITEM NO. 21: Commissioners Comments.
Under Commissioners Comments, Mayor Mills requested to place on the next agenda the item to consider changing the Board of City Commissioners meeting start time from 7:00 p.m. to 5:30 p.m.
AGENDA ITEM NO. 22: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Schrzan, seconded by Commissioner Hadley,
that the meeting be adjourned. Motion carried. (8:05 p.m.)
AYE: Schrzan, Hadley, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
______________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
AGENDA
SHAWNEE MUNICIPAL AUTHORITY
MAY 17, 2004 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
a. Minutes of May 3, 2004 meeting Pgs. 1-2
b. Confirm action taken under City Commission Agenda Item No. 1(d) regarding Transfer of Appropriation in Shawnee Municipal Authority Fund.
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
AGENDA
SHAWNEE AIRPORT AUTHORITY
MAY 17, 2004 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
a. Minutes of May 3, 2004 meeting Pgs. 1-2
b. Confirm action taken on May 3, 2004 regarding the leasing of airport property located at 1836 N. Kickapoo to Steven Quisenberry for use as a drive-by coffee shop.
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
AGENDA NOTES
BOARD OF CITY COMMISSIONERS
MAY 17, 2004 AT 7:00 P. M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
CALL TO ORDER
DECLARATION OF A QUORUM
INVOCATION
FLAG SALUTE
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. 17.
b. Minutes of the May 3 and May 10, 2004 meetings. Pgs. 1-20
c. Budget amendments in General Fund, 2002 Home Grant Fund, Gifts and Contributions Fund and Economic Development Fund. Pgs. 21-25
d. Transfers of Appropriations in General Fund, Shawnee Municipal Authority Fund and Capital Improvement Fund. Pgs. 26-28
e. Acknowledge the following reports and minutes:
Sales Tax Report through May, 2004 Pg. 29
Utility Division Report for the month of April, 2004 Pgs. 30-41
City Clerk report for the month of April, 2004 Pgs. 42-43
Warrant Officer activity report for the month of April, 2004 Pg. 44
Shawnee Urban Renewal Authority minutes from the April 20, 2004 meeting. Pgs. 45-49
Planning Commission minutes from the April 7, 2004 meeting. Pgs. 50-54
Traffic and Transportation minutes from the March 23, 2004 meeting. Pgs. 55-56
Airport Advisory Board minutes from the April 21, 2004 meeting. Pgs. 57-58
Sister Cities Council minutes from the April 13, 2004 meeting. Pgs. 59-65
f. Lakesite Lease Renewal: Pgs. 66-69
Lot 9, Belcher Tract
Patricia Cunningham and Edward Hall
7708 S. Country Club
Oklahoma City, OK 73159
g. Approve mortgage of leasehold interest of Shawnee Lake Hart Tract, Lots 11 and 12 to First United Bank with reservation of city right of approval of transfer. Pgs. 70-72
h. Approve a resolution casting ballots for two trustees to fill vacancies on the Oklahoma Municipal Assurance Group board. Pg. 73 (Pg 74 omitted intentionally)
i. Acknowledge receipt of Tree City USA recognition from Congress of United States, House of Representatives. Pg. 75
j. Authorize staff to advertise for bids for one full size pickup to replace 1981 pickup used by police as evidence vehicle. Pg. 76
k. Authorize staff to advertise for bids for the Barton Industrial Park Sanitary Sewer Extension. Pg. 77-78
l. Recommendations from the Traffic and Transportation meeting of April 27, 2004 meeting: Pg. 79
1) Request of Mr. Larry Rose to resign from Traffic & Transportation Board where he has served for over 21 years.
Recommendation: To accept resignation and request a resolution of appreciation from the City Commission.
2) Request from Pat Williams of Williams Transmission, 315 W. Highland, to install traffic control measures in the alley behind their business.
Recommendation: To defer request until next meeting; additional traffic study needed.
3) Request from Melissa Koon, 312 W. 32nd, to install “Children at Play” sign in the 300 block of West 32nd.
Recommendation: To deny request.
4) Request from Public Works staff to extend white-way street lighting on Mall Drive from Wal-Mart east to I-40 ramp.
Recommendation: To approve request.
5) Request from Public Works staff to install two new streetlights at the following locations: Industrial Drive and Wolverine Road intersection and Industrial Drive and Industrial Way intersection.
Recommendation: To approve request.
m. Mayor’s Appointments: Pgs. 80-81
Shawnee Industrial Authority
Appoint Mike Townsend to replace Joe Remington to a 6-year term to expire July 16, 2010.
Appoint Terry Compton to replace Terry Powell to a 5-year term to expire July 16, 2009.
2. Consider resolution of appreciation to Larry Rose for over 21 years of service on the Traffic and Transportation Commission. Pg. 82
3. City Manager’s Presentation to Employee of the Month (Tammy Johnson – Personnel).
4. Introduction of the Sister Cities student delegation for the exchange trip to Nikaho, Japan from August 2 – 9, 2004. Pg. 83
5. Consider a resolution refinancing Oklahoma Baptist University Authority bonds series 2004. Pgs. 84-85
6. Public hearing and consider an ordinance rezoning property located at 31503 Homer Lane from A-1; Agricultural District to RE; Residential Estates District for use as rural development. (Applicants: William and Mitzila Santos) Pgs. 86-93
The Planning Commission unanimously recommends rezoning the property from A-1 to RE, Rural Estates. This conforms to the current Comprehensive Plan and the Lake Master Plan.
7. Public hearing and consider an ordinance to rezone property located at 1945 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow the serving of beer and alcoholic beverages for on-premise consumption. (Applicant: Frateli’s Italian Restaurant) Pgs. 94-103
The Planning Commission unanimously recommends approval of granting a Conditional Use Permit to serve beer and alcohol in an eating establishment. No complaints are known for the beer and alcohol being served by the current occupant. This request conforms to the Comp Plan.
8. Public hearing and consider an ordinance to rezone property located at 600 W. Independence from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the selling of beer for off-premise consumption. (Applicant: Associated Wholesale Grocers, Inc. d/b/a Homeland Grocery Store). Pgs. 104-112
The Planning Commission unanimously recommended approval of a Conditional Use Permit to sell beer and alcoholic beverages for off-premise consumption. No complaints are known for the current occupant. This request conforms to the Comp Plan.
9. Public hearing and consider an ordinance vacating the alley located at Kennedy and Benedict streets. (Applicant: Lamar Belyeu). Pgs. 113-119
The Planning Commission unanimously recommended closing the public alley subject to retaining an easement in the event that any utilities are found. No water or sewer lines are shown to be located in the alley. If utilities exist, the easement could be vacated once the utilities are relocated.
10. Consider approval of final plat of Triangle Addition located on Harrison Street between MacArthur Street and Independence Street. (Applicant: Triangle LLC) Pgs. 120-122
The Planning Commission recommended approval subject to the conditions being met that staff had identified. All but one has been changed on the plat. A variance is being requested to not have to dedicate right-of-way along Harrison. Code requires that 60' be dedicated on both sides of the section line, but only 50' was dedicated on the other side. Staff recommends denial of the variance and requires that at least 50' of right-of-way be dedicated. If nothing is dedicated, the City must purchase additional right-of-way for future expansions of Harrison.
11. Consider establishing a water resource board and appointing the following members: Chuck Mills, Joe Taron, Joe Gilbert, Brad Roach. (Additional appointments to be made later)
12. Consider an ordinance authorizing the calling and holding of a special election for the purpose of submitting to the voters the question of amending the present hotel/motel surcharge of 5% or $1.00, whichever is higher. Pg. 123-124
13. Consider a resolution calling for the holding of a special election July 27, 2004 for the purpose of adopting ordinance No. 2156NS amending the present hotel/motel surcharge to 5% of gross receipts or $1.00 per rental day, whichever is greater, as defined by ordinance; providing for said election to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot and fixing the effective date of the ordinance as the first day of September, 2004. Pgs. 125-126
14. Consider approval of ballot to be submitted to Election Board. Pg. 127
15. Consider agreements with Mehdi Azimi, owner of ACH Hopsital, and ERC Development Group, LLC, owner of Aldridge Hotel regarding sidewalk repairs, easements and reimbursement. Pgs.128-131
Staff contacted both owners of the ACH Hospital and Aldridge Hotel to inquire as to their repairs and renovations of the sidewalks along East Ninth Street. Staff offered to continue the Bell Street project along their frontage at their cost. The Commission agreed to reimburse Intervest Properties if they repaired the sidewalks on Ninth and the developers on the north side are requesting the same. The only anticipated cost for the city is one additional streetlight (approx. $3,000) in front of the ACH Hospital.
16. Consider City Manager Selection Procedure as proposed by City Manager Search Committee. (To be distributed at city commission meeting).
17. Consider Bids of Seneca Street Project – from Wayne to Sequoyah (Open) Pgs. 132-136
18. New Business (Any matter not known about or which could not have been reasonably
foreseen prior to the time of posting
agenda)
19. Administrative Reports
20. Citizens Participation (A five minute limit per person)
(A fifteen-minute limit per topic)
21. Commissioners Comments
22. Adjournment
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