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, October 17, 2005 at 5:30 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
Marva O’Neal Chris Harden
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Milo Steffen
First Christ Church (Disciples)
FLAG SALUTE Mayor Mills
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. 13.
b. Minutes of the September 26 and October 3, 2005 meetings.
c. Budget Amendments in the General Fund and Capital Improvement Fund.
d. Transfer of Appropriations in 2004 CDBG Entitlement Grant Fund and 1999 CDBG Entitlement Grant Fund.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through October, 2005.
* Shawnee Community Center quarterly report for July, August and September, 2005.
* Utility Consumption and Revenue report through September 7, 2005 meeting.
Shawnee Urban Renewal Authority minutes from the September 7, 2005 meeting.
Planning Commission minutes from the August 3, 2005 meeting.
Traffic Commission minutes from the August 23, 2005 meeting.
Shawnee Sister Cities Council minutes from the September 13, 2005 meeting.
f. Lakesite Lease Transfers:
Lot 4, Johnston Tract
To: Randall D. Moore
Janice G. Moore
19003 Bethel Road
Shawnee, OK 74801
From: Don Moore
Mary Ann Moore
36304 Waco Road
Shawnee, OK 74801
Lot 13, North School Tract
To: Frances Tullis
Valerie A. Tullis
31301 Ingram Road
Shawnee, OK 74801
From: Francis Tullis
31301 Ingram Road
Shawnee, OK 74801
Lot 3A, Johnston Tract
To: Link Cowen
Heather Marie Cowen
655 N. Broadway
Shawnee, OK 74801
From: Phil Stevens
1321 N. Beard
Shawnee, OK 74801
g. Acknowledge workers compensation settlement to Mason Wilson in the amount of $4,646.40.
h. Approve renewal of agreement with Shawnee Housing Authority to provide supplemental police services.
i. Approve application for Oklahoma Municipal Retirement Fund lump sum distribution to Ron Watson.
j. Approve appointment of Mayor Chuck Mills as local elected official for East Central Workforce Investment Area representing the City of Shawnee.
k. Acknowledge memorandum from Central Garage Supervisor Brian Woodall regarding city auction held on October 8, 2005.
l. Acknowledge Pioneer Library System annual audit for year ending June 30, 2005.
m. Acknowledge “Friendship” plaque from Mayor of Nikaho, Japan in celebration of Sister Cities 15th anniversary.
n. Acknowledge letter of appreciation to Diana Hallock from City of Nikaho for her contribution to the Sister Cities program.
o. Traffic Commission Recommendations from the September 27,
2005 meeting:
1. Continue discussion and consideration of request from Carol McCoy, Wal-Mart representative, 196 Shawnee Mall Drive, to install a sop light at the intersection of Union and Mall Drive.
Recommendation: Board recommends to defer request until next Traffic Meeting when ODOT traffic study will be available.
2. Request from Robert Barnard, 1930 N. Beard, to enlarge Beard Street to a 4-lane road from North Canadian Bridge to Farrall Street.
Recommendation: To deny request Board directs staff to re-stripe a right-turn only lane for northbound traffic.
3. Request from Robert McClure, Central Plastics Company, 36508 W. Independence, to paint a crosswalk at the east entrance of Central Plastics to the stop sign on Independence Street.
Recommendation: To approve request.
4. Request from J.C. Winterringer, 109 N. Beard to establish 5 handicapped parking spaces on the west side of Beard Street in front of his business.
Recommendation: To deny request. Board directs staff to do a comprehensive plan for sidewalks and parking for handicapped accessibility.
p. Reappointments:
Shawnee Hospital Authority
Reappoint J. Michael Adcock to a six-year term to expire 9/30/11
Reappoint Michelle Briggs to a six-year term to expire 9/30/11
Before voting on the Consent Agenda, Consent Agenda Items 1 b, c, l, m, n, and 1 o(2) were pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the Consent Agenda Item No.1 (a-p), less (b, c, l, m, n, and 1o(2). Motion carried. 7-0
Under Agenda Item No.1 (b) in reference to September 26, 2005 minutes, it was pointed out that the date of “November 8, 2005” needed to be added to the motion.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Harden, to add to the September 26, 2005 minutes the words “November 8, 2005” to the latter part of the motion that states “and have O.G. & E Company pay for the November 8, 2005 election for the office of Commissioner of Ward Four.” Motion carried 7-0.
Under Agenda Item No.1 (c), City Manager Jim Collard addressed the need for another information systems support staff.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve allocation of resources to hire an Information Technology support personnel. Motion carried 7-0.
Considered next was Agenda Item No.1 (l). In the Pioneer Library Audit it mentioned a letter of August 10, 2005 regarding other matters noted to management of the Library and Vice Mayor Peterson questioned if the letter would be available for review.
According to City Treasurer Becky Cragin the Library does not have to make the letter public, but she would make a request.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to acknowledge the Pioneer Library System Annual Audit for year ending June 30, 2005. Motion carried 7-0.
Under Agenda Item Nos.1 (m & n) Mayor Mills showed the “Friendship” plaque from Mayor Norio Tomoe in celebration of the Sister Cities 15th Anniversary; and he read into record the “Letter of Appreciation” from Mayor Tomoe and the Nikaho citizens to Diana Hallock, City Clerk and Secretary for the Sister Cities program, for her contributions to the Shawnee and Nikaho, Japan sister cities relationship.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to acknowledge Agenda Item No.1 (m) the “Friendship” plaque; and 1 (n) letter of appreciation to Diana Hallock from Nikaho, Japan. Motion carried 7-0.
Under Agenda Item No.1o (2), City Engineer John Krywicki requested that this item be sent back to the Traffic Commission for further study. He stated that the Oklahoma Department of Transportation will need to give its approval and it would take at least two months.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to refer to the Traffic Commission for further analysis the request from Robert Barnard, 1930 N. Beard, to enlarge Beard Street to a 4-lane road from the North Canadian Bridge to Farrall Street. Motion carried 7-0.
AGENDA ITEM NO. 2: City Manager’s Presentation to Employees of the Month: Scott Moore, Calvin Wilson, Evans Harjo, Sterling Hastings, Poncho DeLeon, David Dauman, Craig Lee and Jim Bierd. (Line Maintenance Division)
City Manager Jim Collard presented plaques and gift certificates to Scott Moore, Evans Harjo, Sterling Hastings, Poncho DeLeon, David Dauman, and Craig Lee in the Line Maintenance Division, as the October employees of the month in recognition of their excellent and dedicated services to the City of Shawnee for working on Christmas Eve of 2004 to repair a waterline break. Calvin Wilson and Jim Bierd were not present.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at 600 W. Independence, Suite A to be rezoned from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for the sale of beer for off-premise consumption. (Applicant: CVS Pharmacy).
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 600 W. Independence, Suite A with a Conditional Use Permit to allow for the sale of beer for off premise consumption.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
No others appeared and the public hearing was closed.
Ordinance No. 2218NS was introduced and the title read aloud.
Ordinance No. 2218NS 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 Twelve (12) Township Ten (10) North, Range Three (3) East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at a point 438.00 feet S89º57’05” and 360.00 feet N0°12’09”E from the Southeast Corner of said Southeast Quarter (SE/4); thence S89°57’05”W 515.00 feet; thence N0°12’09”E 66.00 feet; thence N89°57’05”E 515 feet; S0°12’09”W 66.00 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 Schrzan, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2218NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider application of K & S Oil Company, Oklahoma City, for drilling permit west of Shawnee.
Mayor Mills declared a public hearing in session to consider an application of K & S Oil Company for permission to drill an oil well on property west of Shawnee.
Emergency Management Director Don Lynch, who is also the city’s Oil and Gas Inspector, reviewed the application on property located at 32806 Hardesty Road (E/2 SW/4 SE/4 SE/4, Sec. 27-10N-2E) and declared all requirements for the permit application have been fulfilled.
Dr. K.E. Smith appeared on behalf of the application. No others appeared and the public hearing was closed.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to permit the drilling of well located at 38206 Hardesty Road, one-half mile from Shawnee Lake No.1. Motion carried 7-0.
AGENDA ITEM NO. 5: Consider a resolution approving the issuance of Oklahoma Baptist University Authority revenue bonds.
City Treasurer Becky Cragin presented the proposed resolution for the Oklahoma Baptist University issuance of revenue bonds for construction and renovation of facilities on the grounds and the purchasing of equipment. The OBU staff had made the presentation at the last meeting.
The treasurer’s memorandum to the Commission relayed that the bond issuances are guaranteed by the Baptist General Convention of Oklahoma, which owns and operates the University. The City of Shawnee, even though it must approve all bond issuances of the Authority, bears no responsibility for any debt of the Authority.
On September 12, 2005, the Authority approved the issuance of up to $9,950,000 in tax-exempt bonds for the construction of a wellness/intramural center on the campus of Oklahoma Baptist University.
Executive Committee approved construction and authorized the chairman and secretary to sign all documents to finalize the University’s lease obligation to the Authority. On September 27, 2005, the Board of Directors of the Baptist General Convention of Oklahoma approved the construction projects and guaranteed the bonds approved by the Authority.
Resolution No. 6253 was introduced and the title read aloud.
Resolution No. 6253 entitled “Approval of sale not to exceed $9,950,000.00 Oklahoma Baptist University Authority, Oklahoma Baptist University Revenue Bonds, Series 2005, designating bonds as bank qualified, waiving competitive bidding, and declaring an emergency.”
A motion was made by Commissioner Harden, seconded by Commissioner Downing, that the Title and Resolution No. 6253 be approved. Motion carried 7-0.
The approval of the resolution was automatic and did not require a vote on the emergency clause.
Thereupon Mayor Mills declared Resolution No. 6253 duly passed and adopted.
AGENDA ITEM NO. 6: Presentation by Damax Development Company, L.L.C. regarding affordable housing in Shawnee.
Mr. Lindsey Holloway of Damax Development Company, made a presentation on possible development of affordable housing to be built on vacant in-fill lots as a solution or objective to create new housing and make improvements to older neighborhoods in the community.
The houses would be single-family residence made up of three or four bedrooms.
Mr. Holloway stated that his company had done a similar project in the City of Muskogee.
Since his company would be applying for HOME funds through the Oklahoma Housing Finance Authority (OHFA) to receive tax-credits, it was his request that a resolution of support from the Commission be approved. The deadline for the application would be on January 17, 2006 and the latest the Commission would need to act would be at its December 5, 2005 meeting.
In discussion, the city would be asked to participate by waiving liens and fees on donated land in the approximate amount of $14,000.
Also present was local developer, Mike Little of Westchester Development, who assisted Damax in locating the vacant lot sites and his participation in the development would be as a investor or limited partnership with Damax.
Upon discussion, the Commission requested staff to investigate the credibility of Damax Development Company; check with the City of Muskogee; and the city attorney check on the legalities of the city waiver of liens for this type housing program.
AGENDA ITEM NO. 7: Presentation regarding curbside recycling pilot program involving target area in the City of Shawnee.
Administrative Assistant Toni Gray introduced Ms. Cody Deem, Shawnee citizen and advocate for a recycling pilot program in the Northridge Addition area.
Also making a presentation about the recycling program were Mr. Brent Bowles and Mr. Jeff Curry, BFI Waste Systems representatives, the city’s solid waste service providers.
In the presentation, if the program was implemented, the targeted area would consist of 181 homes located in the Northridge Addition from 45th Street to MacArthur Street. Each resident would receive two (2) poly-carts, one for solid waste to be picked up once per week, and once a month for the materials to be recycled.
Since this was a presentation and no formal action was required, it was the consensus of the Commission that BFI first conduct a survey of the area to determine if the citizens wanted to participate in the pilot recycling program. After the survey has been conducted, then the survey would be given to the city manager for review and then to the Commission if action was necessary.
AGENDA ITEM NO. 8: Consider an ordinance to levy an annual 2% tax upon the gross receipts of commercial sales of power, light, heat, gas, electricity or water.
Before a motion was made to approve an ordinance to levy an annual two percent (2%) tax, City Treasurer Becky Cragin explained to the Commission that state law gives any city or town in the State of Oklahoma authority to levy, by ordinance, an annual tax upon the gross receipts from commercial sales of power, light, heat, gas, electricity or water in an amount not exceeding two percent (2%) of the gross receipts, which tax shall be in lieu of any other franchise.
It was staff’s recommendation that with passage of the ordinance, it would direct Canadian Valley Electric Co-operative to pay the 2% of the gross receipts in lieu of a franchise tax to begin February 2006..
Ordinance No. 2219NS was introduced and the title read aloud.
Ordinance No. 2219NS entitled “An ordinance establishing an annual tax upon the gross receipts from residential and commercial sales of power, light, heat, gas, electricity or water within the corporate limits of the City of Shawnee, Oklahoma; setting the amount of tax at two percent (2%) of said gross receipts; establishing said tax in lieu of any franchise, license, occupation or excise tax levied by the City of Shawnee; establishing the payment date and establishing penalties for failure to pay.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Sections 1-8 be approved. Motion carried 6-1.
Thereupon Mayor Mills declared Ordinance No. 2219NS duly passed and adopted to become effective thirty days from this date.
AGENDA ITEM NO. 9: Consider request of Dan Davis to lease city-owned building at 800 E. Grant Street.
The Commission considered written request from Mr. Dan Davis to lease the building at 800 East Grant Street for food storage for the “feed the children” program.
The building was once used by Parks and Cemetery Division. The staff recommends that the building be demolished, the property be declared surplus and then sold at auction for funds to be placed in the Cemetery Fund which could be used to rehabilitate current cemetery buildings.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to deny request from Dan Davis to lease building at 800 East Grant Street for use as a storage building. Motion carried 7-0.
AGENDA ITEM NO. 10: Consider an ordinance granting a twenty-five year non-exclusive franchise to Oklahoma Gas and Electric Company to allow the company to produce, transmit, distribute and sell electricity to customers within the city.
Ordinance No. 2217NS was introduced and the title read aloud.
Ordinance No. 2217NS entitled “An ordinance granting to the Oklahoma Gas and Electric Company, an Oklahoma Corporation, its successors and assigns, the right to produce, transmit and distribute electricity within the city limits and to sell electricity therein for all purposes for which it may be used, to the City of Shawnee, Pottawatomie County, Oklahoma, its inhabitants and the public generally, and the right to construct, maintain and operate a system of poles, wires, conduits, and other facilities and equipment in, upon, across, under and over the streets, alleys, public grounds and other places in the city for such purposes for a period of twenty-five (25) years from the approval and acceptance of this ordinance; providing compensation to the City; and ordering an election.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Sections 1-12 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2217NS duly passed and adopted.
AGENDA ITEM NO. 11: Consider a resolution calling for a special election to determine whether the electorate of the City of Shawnee will approve the twenty-five year franchise created by Ordinance No. 2217NS for Oklahoma Gas and Electric Company.
Resolution No. 6254 was introduced and the title read aloud.
Resolution No. 6254 entitled “A resolution calling for a special election in the City of Shawnee, Oklahoma, on January 10, 2006, for the purpose of submitting to the qualified electors of the City of Shawnee the question of whether an ordinance granting a franchise to Oklahoma Gas and Electric Company for purposes of producing, transmitting and distributing electricity in the City of Shawnee shall be approved; authorizing the Mayor to call the election by proclamation and requesting the Pottawatomie County Election Board to conduct the election.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Resolution No. 6254 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6254 duly passed and adopted.
AGENDA ITEM NO. 12: Consider agreement with Shawnee Economic Development Foundation.
City Manager Jim Collard informed the Commission that he and SEDF Director Pat McCormick had updated the contract making minor changes. The contract amount would remain the same at $100,000 annually and the contract would be approved on a yearly basis.
It was noted for next year, this agreement would go before the Community Services Contract Review Committee.
Upon the Commission’s request, Ms. McCormick agreed to provide SEDF activity and financial reports on a monthly basis to the Commission..
A motion was made by Commissioner Harden, seconded by Commissioner O’Neal, to approve the economic development services agreement with the Shawnee Economic Development Foundation. Motion carried 7-0.
a. Water and Sewer Line Relocation Project (award)
It was staff’s recommendation to award the bid on the water and sewer relocation project to Atlas Construction Company. The company’s references and past work performance was found to be a reputable company in good standing.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to award the North Harrison Water and Sewer Line Relocation Project to Atlas Construction Company, Bixby, Oklahoma, as the lowest and best bid in the amount of $589,064.60. Motion carried 7-0.
b. Cutting and Mowing of Rank Weeds and the Clean-up of Trash & Debris (award)
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to award the cutting and mowing of rank weeds and the clean-up of trash and debris to G&G Services, Shawnee, Oklahoma, as the lowest and best bid for this fiscal year with option to renew a second year. Motion carried 7-0.
c. Asphaltic Concrete Type A, B & C (Open)
d. Aggregate Materials (Open)
No action was taken on Agenda Item No. 13 (c & d) at this time. The items will be deferred to next meeting due to not republishing date change from October 3, 2005 to October 17, 2005.
AGENDA ITEM NO. 14: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 15: Administrative Reports.
Under Administrative Reports, Community Development Director Mike Southard reported that city crew would be putting up the snowflakes for the holiday season starting November 1. He had checked with OG&E regarding placing snowflakes on Farrall Street to determine the availability of electrical boxes to install snowflakes.
Upon further discussion, City Engineer John Krywicki added that he would do further checking with OG&E regarding the additional lines and would report back to the Commission.
Mr. Southard gave updates on the Neighborhood Action Plan; Trails Master Plan; way finding study; Skate Park design; and Regional Park.
City Engineer John Krywicki reported that ODOT will re-bid the State Highway 18 project due to bids over engineer’s estimate; MacArthur Street and Kickapoo street widening projects.
Utility Director Afsaneh Jabbar gave an overview of the budget for various water projects; and reported that Shawnee Lake level was at 1,065 feet. A meeting will be held with the lake lessees in two weeks.
City Treasurer/Finance Director Becky Cragin gave the financial quarterly report noting that in the first quarter of the fiscal year, months of July, August and September, the revenues were up and expenditures were down both in the General Fund and Shawnee Municipal Authority.
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen-minute
limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Consider an Executive Session to discuss and consider contract with International Association of Firefighters Local No. 1628 pursuant to 25 O.S. §307(B)(2).
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to go into Executive Session to discuss and consider contract with the International Association of Firefighters Local No. 1628 pursuant to 25 O.S. §307(B)(2). Motion carried 7-0.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:00 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:24 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 18: Consider matters discussed in Executive Session regarding contract with International Association of Firefighters Local No. 1628 pursuant to 25 O.S. 307(B)(2).
A motion was made by Commissioner Downing, seconded by Commissioner Harden, to approve the contract between the City of Shawnee and the International Association of Firefighters Local No. 1628 for this fiscal year. Motion carried 7-0.
Under Commissioners Comments, it was noted that the Ward 4 meeting was not held due to lack of attendance; and Wards 5 and 6 would have a combined meeting on Monday evening, October 24th.
Mayor Mills asked for input from the Commission for a mission statement the Chamber board would be developing at its meeting on Tuesday, October 25.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to be considered, a motion was made by Commissioner Downing, seconded by Commissioner Harden, that the meeting be adjourned. Motion carried 7-0. (9:27 p.m.)
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
Retrieved from http://www2.shawneeok.org/publicsite/documents/archive/DocFull.asp on 4/18/2024 9:22:24 PM by 3.139.236.89 NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall. This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.