MCLOUD CITY COUNCIL MEETING MINUTES
Thursday, December 19, 2013
The McLoud City Council met for a regular scheduled meeting and Public Hearing on
Thursday, December 19, 2013 at the Shannon Fredman Community Building, 408 W Broadway, McLoud, OK 74851
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Mayor Phil Solinger called the meeting to order at 7:04 pm.
Roll call; Members present: Stan Jackson, Tim McGuinness, Thomas Morris, Phil Solinger and James Woods.
Members absent: None. A quorum was declared.
City Manager Mike Taylor gave the invocation.
Mayor Solinger led the flag salute
PUBLIC HEARING
Notice is hereby given that the City Council of McLoud, Oklahoma, will conduct a public hearing(s) on an application
for a REZONING and LOT SPLIT of the following described land from A1 to A2 within the city limits of McLoud.
S/2 SW/4 NE/4 SW/4 and N/2 NW/4 SE/4 SW/4 of Section 28, T11N, R2E of the Indian Meridian,
Pottawatomie County, Oklahoma, LESS and EXCEPT a tract of land described as beginning 1965.75 feet East and
990.20 feet North of the SW/C of said Section 28; thence West 645.75; thence North 273.25 feet; thence East 645.75
feet; thence South 273.25 feet to the point of beginning.
The owners (Donald F and Janetta Muriel Rogers) are requesting rezoning from A-1 to A-2 and the above property
split into two (2) tracts of land as follows:
Tract 1 - - A tract of land described as beginning 1320 feet East and 1263.25 feet North of SW/C SW/4 of
Section 28, T11N, R2E of the Indian Meridian, Pottawatomie County, Oklahoma; thence North 386.75 feet; thence
East 321 feet; thence South 386.50 feet; thence West 321 feet to the point of beginning. (2.84 ac mol)
Tract 2 – A tract of land described as beginning 1320 feet East and 1263.25 feet North and 321 feet East of the
SW/C SW/4 of Section 28, T11N, R2E, of the Indian Meridian, Pottawatomie County, Oklahoma; thence North 386.75
feet; thence East 339 feet; thence South 386.75 feet; thence West 339 feet to the point of beginning (3 ac mol)
Don Rogers’s daughter said her parents were giving her the land to build a home on their property and were
requesting a lot split for the second residence location for their future home
PUBLIC HEARING
Notice is hereby given that the City Council of McLoud, Oklahoma will conduct a public hearing to determine
whether the construction, installation and placement of steel poles by Frank C. Lowman and Betty L. Lowman,
Trustees of the Betty L. Lowman Trust and/or by David Lowman within or immediately adjacent to the road right of
way at Fishmarket and 89th Street and west of said intersection constitutes a grave and immediate danger and is a
public nuisance that should be abated.
Andy Lowman signed in to speak on this subject. David Lowman said he has lived there since 1964 – living there
when road was a single lane until 1968 when light pole was put in then the road. Mr. Lowman measured (not a
surveyor) from center of road and it is at 33 feet from center where he placed the pole. Attorney Mike Warwick stated
it may be 33 or less from center of road however, the issue is that road has been there longer than survey pin and road
cannot be moved. County has jurisdiction and asked the city to have the pole removed. David Lowman was asked
why it was necessary to place the pole in that location and Mr. Lowman answered that 2 surveys indicated it is on
their property.
City attorney said if it was moved to where the location of the pole was not a hazard or city assisted in the move, the
attorney would drop the court charges. The Mayor asked how long it would take to remove the pole. Frank Lowman
said they were going to close off their property and put in a driveway.
City attorney said if pole was removed by Jan 23, 2014, the citation(s) would be dropped.
Frank Lowman insisted the two surveys indicated it was still on their property.
City attorney stated that surveys are irrelevant – county owns that part of the road
The Mayor said the state could take part of the property if they wished for road surfaces.
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McLoud City Council Meeting Minutes
December 19, 2013
PUBLIC HEARING WAS CLOSED AT 7:36 pm
CONSENT AGENDA
All items listed under the consent agenda are deemed non-controversial and routine in nature by the governing body.
They will be approved by one motion of the governing body. The items on the consent agenda will not be discussed.
Any member of the governing body desiring to discuss an item on the consent agenda may request that it be removed
from the consent agenda and placed in its proper order on the regular agenda. It will then be considered at that time.
a.
Approval of claims.
b.
Approval of Treasurer’s report through November 30, 2013 including all general accounts
c.
Approval of meeting minutes for November 22, 2013
d.
Payrolls paid: November 29 and Dec 13, 2013 gross $.58, 209.42
e.
Re-Appoint Annette Brown to McLoud Library Board for another five (5) year term.
f.
Approve Invoice #1012-13 ($1500.) final Engineering for Landes Engineering, LLC for ODOT
Utility Relocation Project, to be submitted to ODOT for payment.
g.
Approve Invoice #1226 ($5920.) final for Abilez Construction Co. for ODOT Utility Relocation
Project, to be submitted to ODOT for payment.
h.
Approve JAG award for $10,000 in-car radios, antennas, parts and installation at 100%
funding, to begin January 1, 2014.
A motion was made by Phil to remove Consent Agenda item #e, second by Thomas.
VOTE: Ayes: Phil, James, Thomas, Stan and Tim. Nays: None. Motion carried.
A motion was made by Tim, second by Stan to approve the Consent Agenda as amended.
VOTE: Ayes: Phil, James, Thomas, Stan and Tim. Nays: None. Motion carried.
5. Consideration of items removed from the consent agenda. – A motion was made by Thomas, second by James to table
item until an ad could be run for the position.
VOTE: Ayes: Phil, James, Thomas and Tim. Nays: Stan. Motion carried.
6. PUBLIC COMMENT:
PERSONS WISHING TO SPEAK TO THE COUNCIL ARE REQUIRED TO SIGN IN AND IDENTIFY
THEMSELVES BY NAME. If you are commenting on an Agenda Item, INDICATE WHICH AGENDA ITEM
THEY WISH TO DISCUSS. THE MAYOR, IN HIS DISCRETION, WILL INVITE SUCH PERSONS TO SPEAK
AT THE APPROPRIATE TIME. COMMENTS AND QUESTIONS ARE LIMITED TO 3 MINUTES PER
SPEAKER. IN THE EVENT IT APPEARS THAT SEVERAL PERSONS WISH TO ADDRESS THE COUNCIL
ON THE SAME OR SIMILAR MATTER, THE MAYOR MAY REDUCE THE TIME ALLOTED PER PERSON
OR REQUIRE THE PERSONS TO SELECT A SPOKESPERSON.
Comments made during public hearing.
7.
Discussion and action on ORDINANCES:
a.
ORD. 2013-16 Amend Article 7-2-3 hard surface roads.
A motion was made by Phil, second by Tim.
VOTE: Ayes: Stan, Tim, James, Phil and Thomas. Nays: None. Motion carried.
b.
Declare ORD. 2013-16 an emergency for the preservation of public health, peace and safety.
A motion was made by James, second by Tim to declare Ord. 2013-16 an emergency.
VOTE: Ayes: James and Tim. Nays: Phil, Stan and Thomas. Motion DID NOT CARRY.
c.
ORD. 2013-26 –Amend Smoking Ordinance, Section 4-6.
A motion was made by Thomas, second by James to approve ORD> 2013-26 to Amend Smoking Ordinance, Section
4-6.
VOTE: Ayes: Stan, Tim, Phil, James and Thomas. Nays: None. Motion carried.
NOTE: No Smoking would not affect the lake properties UNLESS SHAWNEE has passed the No Smoking
Ordinance.
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December 19, 2013
d.
ORD. 2013-27 Adopt Social Host Ordinance, Sec E, Article 5-4D-1
A motion was made by Thomas, second by Tim to approve Ordinance 2013-27 Adopting Social Host Ordinance, Sec
E, and Article 5-4D-1.
VOTE: Ayes: Stan, Tim, Phil, James and Thomas. Nays: None. Motion carried.
e.
Approve Ord. 2013-28 Amending zoning map from A1 to A2 and lot split for Rogers on Deer
Creek Road.
A motion was made by Phil, second by Thomas to approve Ord. 2013-28 Amending Zoning map from A1 to A2 and
splitting lot for Rogers on Deer Creek Road.
VOTE: Ayes: Stan, Tim, James, Thomas and Phil. Nays: None. Motion carried.
f.
Declare ORD. 2013-28 an emergency for the preservation of public health, peace and safety.
A motion was made by Thomas, second by James to declare Ord. 2013-28 an emergency.
VOTE: Ayes: Phil, Thomas and James. Nays: Stan and Tim. Motion carried.
8. . Discussion and action on RESOLUTIONS:
a.
RES. 2246 – Animal Control Fees
A motion was made by Phil, second by Thomas to approve RES. 2246 Animal Control Fees.
VOTE: Ayes: Phil, Thomas, James, Tim and Stan. Nays: None. Motion carried.
b.
RES. 2251 – Support HB1875 to reduce sales tax retention fee to .5%
A motion was made by Phil, second by James to approve RES. 2251 to support HB1875 to reduce sales tax
retention fee to .5%
VOTE: Ayes: Phil, Thomas, James, Tim and Stan. Nays: None. Motion carried.
9. BUSINESS- Discussion and/or action on the following:
a. Determine whether the steel poles constructed and installed at or near the intersection of Fishmarket and 89th
Street constitute a public nuisance, and whether such nuisance should be abated, and provided such public
nuisance is found to exist, establishing timelines for the abatement of such public nuisance by the owners of such
property and/or directing the City to abate such nuisance and take such steps as are necessary to recover the cost
of such abatement.
(1) A motion was made by James, second by Phil to determine that the pole is a public nuisance.
VOTE: Ayes: Phil, James, Tim, Stan and Tim. Nays: None. Motion carried.
(2) A motion was made by Phil, second by James to give the Lowman’s fourteen (14) days to move the pole to a
location to be agreed by the City Code (January 6, 2014) in a letter to be prepared by the City Attorney.
VOTE: Ayes: Phil, James, Tim, Stand and Tim. Nays: None. Motion carried.
b. Retail Attractions presentation by Rickey Hayes and retail market for McLoud
Mr. Hayes discussed the potential retail market for the City of McLoud, based on his latest revision of the
Market Survey he performed in 2012.
 Old data from 2012now out of date
 Restaurants use most current data and also Regents
 Growth potential – population is growing – Harrah is growing rapidly
 A city with population of 4126 (?) should have a grocery store
 Sales tax rev should stay in McLoud
 Can run market data to retailers to compare with other communities
 Area has not changed – Map P 12 says 21,000 potential residents in map radius area for potential
revenue
 Rickey wants the council to tell him what they want
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McLoud City Council Meeting Minutes
December 19, 2013

Disposable income very high – around $50,000 per household and $68,000/per household per data is
available
 Needs to get this data out to retailers
 God traffic flow
 Work with various retailers on a daily basis
 Rickey says a full service grocer offering fresh fruit would be the best option
 Non-store retailers estimate is around $23 million going out of area.
Mr. Hayes will prepare a proposal for the city to consider on his services
for attracting retail business to the City of McLoud.
10.
NEW BUSINESS: NONE
11.
REPORTS –
a. Code Enforcement – Issued 6 nuisance letters on properties around McLoud; spoke with RWD#3 on permits for
running water line down 45th on South side of road, waiving fees as discussed in City Agreement with RWD#3.
b. Fire Department – Looked at ladder truck in Stroud with City Manager through Forestry – truck not worth time
and monies to get it ready for service – age was biggest factor; working on job description for combining Code with
Fire Marshall position and eventually moving Todd Beesley under the Fire Department around the new FY.
c.
Police Department – Major Monk – Police department is working on snow route for McLoud, basically the
main section lines (maintained by County) and the highways (maintained by the State); Broadway and 8th streets,
McLoud Road to Arena, Arena to Kickapoo, Kickapoo to Prison and the streets surrounding the schools.
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Maintenance/Streets- Department ordered a salt spreader this week; water emergencies during the cold snap.
Keith, Billie and City Manager will be looking into financing a new backhoe to be presented at the next council
meeting.
EXECUTIVE SESSION:
a.
Consideration and vote to adjourn to executive session to discuss the employment of
the Interim
City Manager, including discussion of a new contract for Michael Taylor (25 Okla. Stat. 307 (B) (1)).
A motion was made by Thomas, second by James to adjourn into executive session at 8:24 pm.
VOTE: Ayes: Thomas, Phil, Tim, Stan and James. Nays: None. Motion carried.
c. Consideration and vote to return to open session.
A motion was made by Phil, second by Stan to return to open session at 8:41 pm.
VOTE: Ayes: Thomas, Phil, Tim, Stan and James. Nays: None. Motion carried.
c.
Consideration and vote on City Manager contract for Michael Taylor.
A motion was made by Phil, second by Tim to set the City Manager’s contract at $54,000/year with car allowance at
$500/month from January 1, 2014 to June 30, 2014.
VOTE: Ayes: Stan, Tim, Thomas, James and Phil. Nays: None. Motion carried
13.
CITY MANAGER REPORT ON City Activities during November and December 2013
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McLoud City Council Meeting Minutes
December 19, 2013
DECEMBER 19, 2013
City Manager’s Report
1) 22 Nov. I attended the City Chamber of Commerce Bedlam cookout and donated to the United Way.
2) Office was closed 28 & 29 November for the Thanksgiving Holiday.
3) 4 Dec. I attended the OSU Economic Outlook for 2014 at Springlake in OKC.
4) 9 Dec. I was out of the office at the Oklahoma Military Department for out processing and military
equipment
turn in.
5) 10 Dec. 7 pm, I attended the Fire Department’s holiday banquet at the Farrell building.
6) 11 Dec. Rhett Banks and I went to Stroud to look at a ladder truck for the FD. Though the truck was in
good shape and free for the taking, it was determined that the FD could get a younger, equipped truck for
not much more than it would cost to equip the Forest Dept. truck offered by Stroud.
7) 11 Dec. Keith Maylen visited with me concerning the purchase of a sand/salt spreader for the street
Dept.
8) 11 Dec. I discussed with Keith about establishing a snow route in the city for clearing critical streets in
the event of a major winter storm. The streets discussed were 8th from Broadway to Redskin rd, Redskin
from McLoud rd to Arena, Arena rd, to Kickapoo, Kickapoo from Arena to the prison. In addition to these
streets we would also clear and sand the roads around the McLoud schools.
9) 12 Dec. Met with Sheri Nash to discuss the progress on the Veteran’s Memorial Park.
10) 13 Dec. I attended the Prison’s holiday lunch and visited with the Warden concerning the cleanout pit
to be built inside the prison’s wire. He asked for patience. They do intend to build it, hopefully sometime
this spring. We also discussed the Prison Work Program and looked at when we might sign the agreement
and start the program.
11) 14 Dec. I attended the City tree lighting ceremony. We had a good turnout with Santa Clause appearing
to have his picture taken with all the kids.
12) 16 Dec. Jayne Sconyers interviewed me for the McLoud newspaper.
13) 17 Dec. Attended the Planning Commission special meeting
14.
REMARKS, REPORTS AND INQUIRIES BY GOVERNING BODY MEMBERS
Thomas asked if Prison work program would be on the January agenda - yes it is scheduled for next month.
Send Keith and Cody to training class for supervision over Parks, Cemetery and Lake workers.
15.
ADJOURNMENT.
There being no further business to come before the Council, a motion was made by Phil, second by Thomas to adjourn
at 8:50 pm.
VOTE: Ayes: Phil, Thomas, Stan, Tim and James. Nays: None. Motion carried.
ATTEST:
APPROVED:
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A. Kay Heinz, City Clerk
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Mayor Phil Solinger
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