reconsideration of condemnation case 6111c 414 north maple

BOARD OF CITY COMMISSIONERSREGULAR MEETING

SEPTEMBER 12 2011630PM

City Council Chambers111 North Elm

AGENDA

1 Meeting called to order

2 Declaration of a quorum

3 Consent Agenda

a Consider approval of minutes of regular meeting of August 8 2011Pages 49

b Discuss and acknowledge Invoice Paid report for August 2011

c Acknowledge Mayors reappointment of Brent Mattox to the SallisawAirport Commission for a three 3 year term ending September 2014

d Acknowledge Mayors appointment of Debbie Bartel to the SequoyahMemorial Hospital Board as the Medical Staff Representative termexpires06302012

4 Consider any Item Removed from the Consent Agenda

5 Open Bids for Sale of Property 0

6 Reconsideration of Condemnation Case 6111C 414 North MaplePages 11 15

7 Consider Approval of Ordinance 201112 An Ordinance Providing for theAnnexation to the City of Sallisaw Oklahoma Certain Property HereinafterSet Out Striking Ordinance 201106 to the City of Sallisaw Code ofOrdinances in its Entirety and Declaring an Emergency Pages 1618

0001

AGENDASEPTEMBER 12 2011

8 Consider Approval of Planning Commission Case No 201111 Annexationby Governing Body Action Property Owned by Mr Billy W CassidyOrdinance 201113 and Declaring an Emergency Pages 1921

9 Consider Approval of Planning Commission Case No 201112 Annexationby Governing Body Action Property Owned by Mr Gilbert AsbillOrdinance 201114 and Declaring an Emergency Pages 2224

10 Consider Approval of Planning Commission Case No 201113 Annexationby Governing Body Action Property Owned by Mr William S Myers et alOrdinance 201115 and Declaring an Emergency Pages 2527

11 Case No 201114 Annexation by Governing Body Action Property Ownedby Ms Edna Dodson Ordinance 201116 and Declaring an EmergencyPages 2830

12 Consider Approval of Ordinance 201117 An Ordinance AmendingSection 101 and Declaring an Emergency Pages 31 33

13 Consider Approval of Ordinance 201118 An Ordinance AmendingSection 1013band Declaring an Emergency Pages 3435

14 Consider Approval of Ordinance 201119 An Ordinance AmendingSection 1092b and Declaring an Emergency Pages 3637

15 Consider Approval of Ordinance 201120 An Ordinance AmendingSection 1093aand Declaring an Emergency Pages 3839

16 Consider Approval of Ordinance 201121 An Ordinance AmendingSection 10124 and Declaring an Emergency Pages 4041

17 Acknowledge Supplemental Workers Compensation Refund in the Amountof10664696 and Authorize the Oklahoma Municipal Assurance Group toApply the Full Amount as Credit to Current Quarterly Workers

Compensation Premium Pages 4245

0002

AGENDASEPTEMBER 12 2011

18 Discuss Requirements for Building Permits and Provide Guidance to CityManager Page 46

19 Redeposit of Temporarily Idle Funds Page 47

20 Administrative Reports

21 New business

22 Adjourn

Posted September 9 2011

Time 3Dianna Davis

0003

MINUTES

BOARD OF CITY COMMISSIONERS

REGULAR MEETING

AUGUST 8 2011

The Board of City Commissioners met in a special meeting on August 82011 in the city council chambers located at 111 North Elm Notice of the

meeting was given by emailing to Sequoyah County Times by posting atcity hall and by giving notice to the City Clerk

Members present Shannon Vann MayorButch Lamb Member Ward 1Clayton Meadows Member Ward 3Matthew Bennett Member Ward 4

Members absent Joshua Bailey Member Ward 2

Staff present Bill Baker City ManagerKeith Skelton Assistant City ManagerJohn R Montgomery City AttorneyDianna Davis City ClerkRandy Sizemore Purchasing AgentJamie Phillips Sanitation SuperintendentKeith Miller Building Development DirJerry Horn Code Enforcement OfficerJulie Ferguson Grants Administrator

Debby Keith Community Development SpecShaloa Edwards Chief of Police

Others present Sally Maxwell Dr Bob Wells Jim Goff

Mayor Vann called the meeting to order at 630 pm and declared a quorumwas present

CONSENT AGENDA

a Consider approval of minutes of special meeting of July 18 2011

b Discuss and acknowledge Invoice Paid report for July 2011

c Acknowledge Mayors reappointment of Blakely Smith to the

Sallisaw Planning Commission for a three 3 year term endingAugust 2014

d Acknowledge Mayors appointment of Jayne Hadley to the

Sallisaw Planning Commission for a three 3 year term endingSeptember 2014

00004

BOARD OF CITY COMMISSIONERSAugust 8 2011

PAGE 2

e Consider Approval of PC 2011 010 Administrative Plat Approvalof Lenington Place by Darrell Netz

f Consider Approval of Staffs Request to Declare One 1 HewlettPackard 800 PS Design Jet Plotter Serial SG11F2104KModel C7780C as Surplus Equipment

g Consider Approval of Staffs Request to Declare One 1 2003Aljon Compactor Serial 13955 One 1 2000 Aljon CompactorSerial 13753 and One 1 1991 Caterpillar D7 DozerSerial 08Z66266 as Surplus Equipment

Motion was made by Meadows seconded by Lamb for approval of theconsent agenda as presented Vote Meadows aye Lamb aye Bennett ayeVann aye Motion carried 40

CONSIDER ANY ITEM REMOVED FROM THE CONSENT AGENDA

None

CONSIDER AWARD OF CONTRACT ON LANDFILL COMPACTOR TOTRICOUNTY EQUIPMENT OF PIERSON MICHIGAN FOR THE

PURCHASE OF TWO 2 CERTIFIED REBUILT ALJON ADVANTAGE525 COMPACTORS OPTION B IN THE AMOUNT OF 68900000

Bids were opened on this item on July 18 2011 Mr Baker stated that staffhad conducted an extensive review of all bids submitted He noted that the

Sanitation Superintendent Jamie Phillips recommends we purchase two 2certified rebuilt compactors and after visiting with Mr Phillips he concurswith his recommendation Mr Phillips addressed council concerning thepurchase of two 2 certified rebuilt compactors and noted that you arebasically getting two for the price of one He noted that they have a 3 year6000 hour warranty He stated that one compactor runs all day long and bypurchasing two you will be able to alternate between machines and extendthe life of both He also explained that the Aljon Advantage 525 compactorswere heavier A heavier machine will pack the trash tighter therebyextending the life of the landfill cells

Following discussion motion was made by Meadows seconded by Bennettfor approval of the purchase two certified rebuilt Aljon Advantage 525landfill compactors from Tri County Equipment of Pierson Michigan in theamount of 68900000 Vote Meadows aye Bennett aye Lamb aye Vannaye Motion carried 40

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PAGE 3

CONSIDER APPROVAL OF PURCHASE OF ONE 1 1 TON CREW CAB 4X4PICKUP FROM BLUE RIBBON CHEVROLET IN THE AMOUNT OF2798000

Staff noted that funds were appropriated in the 2011 12 Budget for thepurchase of a new pickup for use by the Solid Waste Superintendent The

existing landfill truck will stay in the department and will replace one of theolder trucks Quotes were received from Blue Ribbon Chrysler Dodge BlueRibbon Chevrolet and Sallisaw Ford Staff requested to purchase from thelow bidder Blue Ribbon Chevrolet

Motion was made by Bennett seconded by Lamb for approval of the

purchase of one 12 ton crew cab 4X4 pickup from Blue Ribbon Chevrolet inthe amount of 2798000 Vote Bennett aye Lamb aye Meadows ayeVann aye Motion carried 4 0

CONSIDER APPROVAL OF THE PURCHASE OF TWO 2 NEW HYDROMATICPUMPS CONTROL PANELS LEVEL TRANSMITTER AND INSTALLATION

MATERIALS FOR LIFT STATION 2 FROM EVANS ENTERPRISES OF FORTSMITH IN AN AMOUNT NOT TO EXCEED 3000000

Staff noted there are appropriations in the amount of 3000000 in the201112 Budget for the rebuild of Lift Station 2 It was noted that this liftstation should be repaired as soon as possible Staff requested to purchasefrom Evans Enterprises of Fort Smith in an amount not to exceed 30000Total cost includes installation

Motion was made by Lamb seconded by Meadows for approval of thepurchase of two 2 new hydromatic pumps control panels level transmitterand installation materials from Evans Enterprises of Fort Smith in an

amount not to exceed 3000000 Vote Lamb aye Meadows aye Bennettaye Vann aye Motion carried 4 0

CONSIDER APPROVAL OF THE PURCHASE OF EIGHT 8 NEW 2012CHEVROLET TAHOE POLICE PURSUIT VEHICLES FROM VANCEAUTO GROUP OF GUTHRIE OKLAHOMA IN THE AMOUNT OF

21214480

During budget meetings council appropriated funds to lease purchase eight8 new Chevrolet Tahoe police pursuit vehicles Quotes were obtained andstaff now needed councils approval to move forward with the purchase

Staff noted that if approved we would be able to order before October andin doing so would get 2012 units at 2011 pricing The average cost per unitis 2651810 Staff further noted that once received the units would betaken to SMILES in Fort Smith for installation of lights sirenscommunications decals etc

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PAGE 4

Motion was made by Meadows seconded by Bennett for approval of thepurchase of eight 8 2012 Chevrolet Tahoe Police Pursuit vehicles fromVance Auto Group of Guthrie Oklahoma in the amount of 21214480Vote Meadows aye Bennett aye Lamb aye Vann aye Motion carried 4 0

CONSIDER APPROVAL OF RESOLUTION 2011 18 A RESOLUTIONAUTHORIZING EXECUTION OF A LEASE PURCHASE AGREEMENTON VEHICLES

Staff noted that approval of Resolution 2011 18 will allow them to proceedwith the necessary paperwork to lease purchase eight 8 Chevrolet Tahoesfor the Police Department Resolution 2011 18 was presented

Motion was made by Meadows seconded by Bennett for approval ofResolution 2011 18 as presented Vote Meadows aye Bennett aye Lambaye Vann aye Motion carried 40

CONSIDER APPROVAL OF PLANNING COMMISSION

RECOMMENDATION CASE PC2011 009 REZONING REQUEST BYDARRELL NETZ AND ORDINANCE 2011 11 WITH EMERGENCYCLAUSE ATTACHED

Mr Netz was requesting to rezone his property due to an existing billboardwhich was out of compliance with the State of Oklahoma Billboard

Regulations Staff noted that these structures can only be located incommercial or industrial zoned areas that permit such use A previousowner had mistakenly rezoned another adjacent property that had been splitoff of this for the billboard in November 1988 Property is located on WestLenington Both staff and Planning Commission recommended approval ofrezoning from R2 to C 3 Ordinance 2011 11 was presented for approval

Motion was made by Meadows seconded by Lamb for approval of rezoningfrom R2 to C3 Ordinance 2011 11 Vote Meadows aye Lamb ayeBennett aye Vann aye Motion carried 4 0 Motion was made by Meadowsseconded by Lamb for approval of Ordinance 2011 11 with the emergencyclause attached Vote Meadows aye Lamb aye Bennett aye Vann ayeMotion carried 40

UPDATE REPORT AND POSSIBLE ACTION ON PUBLIC NUISANCECASE NO 6 11 1C 414 NORTH MAPLE

This property was declared a public nuisance during the July meeting At

that time council requested it be brought back in August for an updateconcerning the mortgage holder Mr Horn noted that he had found a secondmortgage holder and they had been notified To date he had had no contactfrom the owners or mortgage holders Mr Montgomery noted that this

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PAGE 5

property had already been declared a public nuisance but action was neededconcerning abatement

Motion was made by Lamb seconded by Bennett to direct staff to abate thenuisance in accordance with the laws of the State of Oklahoma and City ofSallisaw Vote Lamb aye Bennett aye Meadows aye Vann aye Motioncarried 4 0

CONSIDER APPROVAL OF AGREEMENT BETWEEN THE CITY OFSALLISAW AND OKLAHOMA TAX COMMISSION FOR

ADMINISTRATION OF THE SALES AND USE TAX ORDINANCES OFTHE CITY OF SALLISAW

Staff noted that the new Agreement was a result of recent meetings betweenthe Oklahoma Municipal League Finance Task Force and the Oklahoma TaxCommission for more accountability and better collection of sales use tax

Approval of this agreement will allow for better collection of taxes ofinternet sales

Motion was made by Lamb seconded by Bennett for approval of Agreementbetween the City of Sallisaw and Oklahoma Tax Commission foradministration of the sales and use tax ordinances Vote Lamb aye Bennettaye Meadows aye Vann aye Motion carried 40

DISCUSS ANNEXATIONS AND PROVIDE GUIDANCE TO STAFF

During the July meeting council gave direction to begin annexation

procedures on certain properties located along Highway 59 South Keith

Miller addressed council concerning this item and noted that followingcouncil direction they have 14 days to publish notification and mail noticesto the affected property owners He stated that the required publication datewas inadvertently missed In order to make annexation procedures legalstaff again needed direction from council to begin annexation procedures onthe properties discussed

Following discussion motion was made by Bennett seconded by Meadowsto proceed with annexation of the Cassidy Asbill Dodson and Myersproperties Vote Bennett aye Meadows aye Lamb aye Vann aye Motioncarried 40

DISCUSS WATER SUPPLY SITUATION AND CONSIDERCONSERVATION MEASURES

Commissioner Meadows requested this item be placed on the agenda fordiscussion Commissioner Meadows noted that he believes we should ask

citizens for voluntary water conservation Normal pool elevation of the lake

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PAGE 6

is 635 and it is presently at 6317 down 33 Mike Hancock Brushy LakeManager also feels voluntary conservation is in order It was the generalconsensus of council to encourage city water users to be conservative as wecould be looking at a dry fall Paul Richards Plants Superintendent willgive Mr Baker a weekly report on the lake level Should there be

significant change Mr Baker will give the information to the Mayor for aproclamation

REDEPOSIT OF TEMPORARILY IDLE FUNDS

Mayor Vann opened and read aloud the bids as follows

Fund Amount Days 1st Natl National Armstrong

Cemetery 12332597 188 55 65 No Bid

Motion was made by Meadows seconded by Lamb to deposit this monthstemporarily idle funds with National Bank Vote Meadows aye Lamb ayeBennett abstain naye Vann aye Motion carried 3 1

ADMINISTRATIVE REPORTS

Mr Baker noted that the contractor has begun pouring the concrete for theindustrial road Road is substantially finished

NEW BUSINESS

None

Motion was made by Lamb seconded by Meadows to adjourn the meetingthere being no further business Vote Lamb aye Meadows aye Bennett ayeVann aye Motion carried 40 The meeting adjourned at 720 pm

APPROVED the 12 day of SEPTEMBER 2011

SHANNON VANN Mayor

ATTEST

City Clerk

SEAL

00009

BID TAB SHEET

PROPERTY PURCHASE

BID OPENING

SEPTEMBER 12 2011

NAME BID AMOUNT

Gary Don Cullum

Tim Blount

00010

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AGENDA ITEM COMMENTARYESLe PAH

MEETING DATE September 12 2011 BOARD Board of City Commissioners

ITEM TITLE Reconsideration of Condemnation Case6111C 414 North Maple

INITIATOR Robert Bob Jackson

STAFF INFORMATION SOURCE Building Development Director

BACKGROUND This property was condemned by Council in August Mr Jackson has sincepurchased the property and is requesting Council rescind its decision andafford him the opportunity to rebuild and bring the home up to code

EXHIBITS Deed

Power of Attorney

KEY ISSUES This home was severely damaged in a fire and is a blight and dangerous to thepublic welfare

FUNDING SOURCE NA

RECOMMENDATION Rescind condemnation of property at 414 North MapleCase6111C Advise owner that renovation of structure must

comply with all City Codes and shall be complete within six 6months

Agenda Item Page 1 of 1

011

12011004934 Book 1255 Pg 267

ri 60 08262011 1020 am Pg 02870267SPECIAL WARRANTY DEED

Fee S 13 r oc S 750vim P h County Clerk

OKLAHOMA STATUTORY FORM stets home

File No 1100214OK

That Prime Asset Fund 111 LLC party ies of the first part in consideration of the sum of TEN NO100

Dollars and other valuable considerations in hand paid the receipt of which is hereby acknowledged do eshereby grant bargain sell and convey unto Dylan Lee a single person party ies of the second part the followingdescribed real property and premises situate in Sequoyah County State of Oklahoma to wit

Lots 16 and t7 in Block 3 in the amended Plat of Wynnewood Addition to the City of Sallisaw SequoyahCounty Oklahoma

Property Address 414 N Maple Sallisaw OK 74955

Together with all the improvements thereon and the appurtenances thereunto belonging and warrant the title to thesane

TO HAVE AND TO HOLD said described premises unto the said partyiesof the second part and to the heirssuccessors and assigns forever free clear and discharged of and from all former grants charges taxes judgmentsmortgages and other liars and encumbrances of whatsoever nature EXCEPT covenants conditions easementsrestrictions and mineral conveyances of record

Signed and

delivered this date this 19th y of August 2011

le RandCoTrustee sit

ACKNOWLEDGMENT OKLAHOMA FORM

STATE OF FLORIDAss

COUNTY OF HILLSBOROUGH

This instrument was acknowledged before me on this 19th day of August 2011 by Jamie Rand as CoTrustee ofPrime Asset Fund III LLC

toms OHARA COOKSEv cfMY GOMAt1SKN D099642EXPIRES May 26 20m 7 Cooksey N LLbliC

3Yl0153 rismoarrs My Commission Expi

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After recording mum toSegwyah County AbstractIN N OakSanWw OK 7495

DURABLE POWER OP ATTORNEY LIMITED

KNOW ALL MEN BY THESE PRESENTS

That I Dylan Lee do hereby appoint Robert Jackson as my true and lawful Attorney inFact to actindividually for me in my name place and stead as more fully set forth hereinafter 1 hereby state that my AttorneyinFact hereinafter Attorney or AttorneyinFact is empowered and authorized to engage in the following acts1 To lease sell convey exchange mortgage pledge release hypothecate or otherwise deal with dispose ofexchange or encumber the following described real property and to execute and sign any deed contract notemortgage or any other paper form or instrument necessary and incident to the placement completion settlementand consummation of a purchase or loan on the following described real property

Lots 16 and 17 in Block 3 In the amended Plat of Wynnewood Addition to the City of Sallisaw SequoyahCounty Oklahoma

414 N Maple Sallisaw OK 74955

and to furthermore make any necessary covenants warranties and assurances and to do any and all acts and thingsnecessary and incident to the financing of said property and the closing of said loan

2 The effective date of this instrument shall be the 19 day of August 2011

3 This Power of Attorney is intended to be durable This Power of Attorney shall not be affected by subsequentdisability or incapacity of myself the principal or lapse of time

4 No person who relies in good faith upon the authority of my Attorney under this instrument shall incur anyliability to me my heirs successors or assigns for such reliance

IN WITNESS WHEREOF I have hereunto set my hand this 19 day of A i 1

Signed ri aDylan Lee ii

City County and Stan fResidence

30t Stiwr Scbi 03DAA ki Pri 6

GO Streamline Affidavit Power Of Attorney O Rev lU 1912011

013

The Principal is personally known to me and 1 believe the Principal to be of sound mind I am eighteen 18 years ofage or older T am not related to the Principal by blood or marriage or related to the AttorneyinFact by blood ormarriage The Principal has declared to me that this instrument is hisher power of attorney granting to the namedAttorney inFact the power and authority specified herein and that she has willingly made and executed it ashisher free and voluntary act for the purposes herein expressed

Witness 11 4 1 1 jNancy M J na

Witness uN oleOLeary 1

STATE OF OKLAHOMA

4COUNTY OF SEQUOYAH

Before me the undersigned authority on this 19 day of August 2011 personalty appeared Dylan Lee principalNancy M Jasna witness and NicoleOLeary witness whose names are subscribed to the foregoing instrumentin their respective capacities and all of said persons being by me duly sworn the Principal declared to me and to thesaid witnesses in my presence that the instrument is hisher Power of Attorney and that the principal has willinglyand voluntarily made and executed it as the free act and deed of the Principal for the purposes therein expressed andthe witnesses declared to me that they were each eighteen 18 years of age or over and that neither of them isrelated to the Principal by blood or marriage or related to the AttomeyinFact by blood or marriage

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Pe tiMy Commission Expires01292015

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SireamLine Afrdavit Power Of Attorney O Rev8192011

114

AFFIDAVIT AS TO DURABLE POWER OF ATTORNEY

STATE OF OKLAHOMA

COUNTY OF SEQUOYAH

The undersigned Robert Jackson being first duly sworn upon oath deposes and states as follows

I This Affidavit is given pursuant to 58 Okla Stat 1076

2 This undersigned was designated as Attorney inFact under a certain Durable Power of Attorney executed byDylan Lee as Principal dated 19 day ofAugust 2011

3 Such Durable Power of Attorney was to be valid and binding until revoked or terminated and was not to beaffected by the subsequent disability or incapacity of the principal

4 Such Durable Power of Attorney granted to the undersigned the power to sell convey lease exchangemortgage pledge release hypothecate or otherwise deal with dispose of exchange or encumber any of theproperty either real or personal of said Principal

5 As of the signing of this Affidavit the undersigned has no knowledge that said Durable Power of Attorney hasbeen terminated or revoked by Principal and further that the undersigned has no knowledge that said Principal hasdied

6 That the undersigned alleges and believes that said Durable Power of Attorney is in full force and effect as ofthe time of signing this Affidavit

7 This Affidavit is executed contemporaneously with the Deed andor Mortgage conveying real propertydescribed as follows

Lots 16 and 17 in Block 3 in the amended Plat of Wynnewood Addition to the City of Sallisaw SequoyahCounty Oklahoma

Dated this 19 day ofAugust 2011

tobert Jackson A meyinFact

SWORN TO AND SUBSCRIBED before me on August 19 2011

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Z Streamline Affidavit Power Of Attorney O RevX19R011

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li AGENDA ITEM COMMENTARYFSLI

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ITEM TITLE Consider Approval of Ordinance 2011 12 An Ordinance Providing for theAnnexation to the City of Sallisaw Oklahoma Certain Property HereinafterSet Out Striking Ordinance 2011 06 to the City of Sallisaw Code ofOrdinances in its Entirety and Declaring an Emergency

INITIATOR City Attorney

STAFF INFORMATION SOURCE City AttorneyBuilding Development Director

BACKGROUND In June 2011 Ordinance 2011 06 was approved annexing the sewer plantproperty into the city limits After filing the ordinance at the courthousean error was discovered in the legal description Ordinance 2011 12 hasthe corrected legal description and will replace Ordinance 2011 06 in itsentirety The City Attorney will review this item with council shouldthere be any questions or concerns

EXHIBITS Ordinance 2011 12

KEY ISSUES None

FUNDING SOURCE NA

RECOMMENDATION Recommend approval of Ordinance 2011 12 with emergencyclause


00016

ORDINANCE NO 2011 12

AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OFSALLISAW OKLAHOMA CERTAIN PROPERTY HEREINAFTER SETOUT STRIKING ORDINANCE 2011 06 TO THE CITY OF SALLISAWCODE OF ORDINANCES IN ITS ENTIRETY AND DECLARING ANEMERGENCY

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA

SECTION 1

The City of Sallisaw is the owner of the following described real estate towit

The N NE LESS the SE diagonal onehalf z of the E2 SE NE NEof Section 24 Township 11 North Range 23 East and

The N SW SE and the NW SE SEV4 of Section 18 Township 11North Range 24 East and

The South 35 feet of the SW of Section 18 Township 11 North Range 24East and

The North 35 feet of the NW of Section 19 Township 11 North Range 24East

LESS that part of all the above described property which has been conveyedto the United States of America

and that said owner has petitioned for the Board of Commissioners of the City of SallisawOklahoma to annex said property and to extend the boundaries of the City to include saidproperty which property adjoins the City limits

SECTION 2

The above described real estate adjoins the City limits of the City of Sallisaw Oklahomaand the Board of the City Commissioners of Sallisaw Oklahoma finds that it is to the bestinterest of the said City that the above described real estate be annexed to the City ofSallisaw Oklahoma and that the boundaries of the City of Sallisaw Oklahoma beextended to include said real estate

SECTION 3

Ordinance 2011 06 to the City of Sallisaw Code of Ordinances is hereby stricken in its

17

entirety

SECTION 4

The real estate situated in Sequoyah County State of Oklahoma described as

The N2 NE LESS the SE diagonal onehalfZ of the E SE NE NEV4of Section 24 Township 11 North Range 23 East and

The N12 SW SE and the NW SE SE of Section 18 Township 11North Range 24 East and

The South 35 feet of the SW of Section 18 Township 11 North Range 24East and

The North 35 feet of the NW of Section 19 Township 11 North Range 24East

LESS that part of all the above described property which has been conveyedto the United States of America

be and the same is hereby annexed to the City of Sallisaw Oklahoma and the boundariesof the City of Sallisaw Oklahoma are hereby extended to include said real estate

SECTION 4

WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist byreason whereof this ordinance shall be in full force and effect from and after its passageand approval

PASSED AND APPROVED this 12th day of September 2011

CITY OF SALLISAW OKLAHOMA

BySHANNON VANN Chairman of the Boardof Commissioners

ATTEST

DIANNA DAVIS City Clerk

SEAL

00018

1 AGENDA ITEM COMMENTARYEST IN


ITEM TITLE Consider Approval of Planning Commission Case No 2011 11Annexation by Governing Body Action Property Owned by MrBilly W Cassidy Ordinance 2011 13 and Declaring an

Emergency

INITIATOR Board of City Commissioners


BACKGROUND The City of Sallisaw proposes to annex property owned by Mr Cassidyinto the corporate limits of the City of Sallisaw This property is locatedat 1600 South Kerr Boulevard The intent is to annex property which isadjacent to the corporate boundaries Both staff and PlanningCommission recommend approval Mr Cassidy has concernsabout being able to continue his present agricultural use of theproperty He asks that council convey their understanding ofthe law in that it allows him to remain at the same use without

zoning or code enforcement that may hamper his operations

EXHIBITS Ordinance 2011 13 available at the meetingNotice of Annexation by Governing Body ActionMap

KEY ISSUES Mr Cassidysconcerns as stated above

FUNDING SOURCE NA

RECOMMENDATION Recommend approval of annexation Ordinance 2011 13 withemergency clause


00019

NOTICE OF ANNEXATION BY GOVERNING BODY ACTION

Notice is hereby given that the City of Sallisaw pursuant to Title 11 OS Section 21103 proposes to annex thefollowing described properties into the corporate limits of the City of Sallisaw Oklahoma

Case No PC 201111 N 34 NE14 SW14 AND N 34 OF LOT 3 OF SECTION 7 TOWNSHIP 11 NORTH RANGE24 EAST SEQUOYAH COUNTY OKLAHOMA and

Case No PC 201112 LOT 2 AND THE SOUTH 320 FEET OF THE SE4 NW4 SECTION 7 TOWNSHIP 11NORTH RANGE 24 EAST SEQUOYAH COUNTY OKLAHOMA SUBJECT TO

EASEMENTS OF RECORD IN FAVOR OF THE GRANTOR ACROSS THE NORTH 50 FEETOF LOT 2 OF EVEN DATE HEREWITH and

Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAIDSE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THENORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand

Case No PC 201114 A PART OF THE SW A NE OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS

COMMENCING AT THE NW CORNER OF THE SAID SW 14 NE Y THENCE SOUTH 7890

FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND

33051 FEET WEST OF THE SE CORNER OF THE NW 14 NW 4 SE A OF SECTION 7TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900 MORE OR LESS TO THE POINT OF BEGINNING

The undersigned will present said application to the City Planning Commission at its regularly scheduled meeting set for600 pm Tuesday September 6 2011 The City Planning Commission will conduct a public hearing on saidapplication at the City Council Chambers 111 N Elm Street Sallisaw Oklahoma and all interested persons areentitled to be heard and are invited to attend The notice published this 14 day of

August 2011


BY s Dianna Davis


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ITEM TITLE Consider Approval of Planning Commission Case No 2011 12 Annexation byGoverning Body Action Property Owned by Mr Gilbert Asbill Ordinance2011 14 and Declaring an Emergency



BACKGROUND The City of Sallisaw proposes to annex property owned by MrAsbill into the corporate limits of the City of Sallisaw This

property is located at 1523 South Kerr Boulevard The intent isto annex property which is adjacent to the corporate boundariesBoth staff and Planning Commission recommend approvalMr Asbill has concerns about being able to continue his presentagricultural use of the property He asks that council conveytheir understanding of the law in that it allows him to remain atthe same use without zoning or code enforcement that mayhamper his operations


KEY ISSUES Mr Asbillsconcerns as stated above

FUNDING SOURCE NA



00022




Case No PC 201112 LOT 2 AND THE SOUTH 320 FEET OF THE SE4 NW4 SECTION 7 TOWNSHIP 11NORTH RANGE 24 EAST SEQUOYAH COUNTY OKLAHOMA SUBJECT TOEASEMENTS OF RECORD IN FAVOR OF THE GRANTOR ACROSS THE NORTH 50 FEETOF LOT 2 OF EVEN DATE HEREWITH and

Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAID

SE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THENORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand

Case No PC 201114 A PART OF THE SW X NE OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS

COMMENCING AT THE NW CORNER OF THE SAID SW X NE X THENCE SOUTH 7890

FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND

33051 FEET WEST OF THE SE CORNER OF THE NW X NW X SE Y4 OF SECTION 7TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900MORE OR LESS TO THE POINT OF BEGINNING


August 2011


BY 5 Dianna Davis


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ITEM TITLE Consider Approval of Planning Commission Case No 2011 13 Annexationby Governing Body Action Property Owned by Mr William S Myers et alOrdinance 2011 15 and Declaring an Emergency



BACKGROUND The City of Sallisaw proposes to annex property owned by MrMyers DJ Blanton and Wilco Investments into the corporatelimits of the City of Sallisaw This property is located at 1343South Kerr Boulevard The intent is to annex property which isadjacent to the corporate boundaries Both staff and PlanningCommission recommend approval


KEY ISSUES

FUNDING SOURCE NA


Agenda Item Page I of 1

00025



Case No PC 201111 N NE14 SW14 AND N 34 OF LOT 3 OF SECTION 7 TOWNSHIP 11 NORTH RANGE24 EAST SEQUOYAH COUNTY OKLAHOMA and


Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAIDSE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THE

NORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand

Case No PC 201114 A PART OF THE SW 34 NE Y OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS

COMMENCING AT THE NW CORNER OF THE SAID SW Y NE 34 THENCE SOUTH 7890

FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND33051 FEET WEST OF THE SE CORNER OF THE NW NW 34 SE OF SECTION 7

TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900 MORE OR LESS TO THE POINT OF BEGINNING


August 2011


BY s Dianna Davis


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00027

AGENDA ITEM COMMENTARYf

Fdi leadIAHo0


ITEM TITLE Consider Approval of Planning Commission Case No 2011 14 Annexationby Governing Body Action Property Owned by Ms Edna Dodson Ordinance2011 16 and Declaring an Emergency



BACKGROUND The City of Sallisaw proposes to annex property owned by MsEdna Dodson into the corporate limits of the City of SallisawThis property is located at 1440 South Kerr Boulevard The

intent is to annex property which is adjacent to the corporateboundaries Both staff and Planning Commission recommendapproval Ms Dodson family has concerns about being able tocontinue with the present use of the property which is a garagefor service and repair She and the family asks that councilconvey their understanding of the law in that it allows them toremain at the same use without rezoning


KEY ISSUES Ms Dodsonsconcerns as stated above

FUNDING SOURCE NA


L L s


00020


Notice 1s hereby given that the City of Saliisaw pursuant to Title 11 OS Section 21103 proposes to annex thefollowing described properties into the corporate limits of the City of Saliisaw Oklahoma



Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAIDSE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THENORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand

Case No PC 201114 A PART OF THE SW 34 NE Y OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS

COMMENCING AT THE NW CORNER OF THE SAID SW Y NE X THENCE SOUTH 7890FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND

33051 FEET WEST OF THE SE CORNER OF THE NW A NW X SE A OF SECTION 7TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900 MORE OR LESS TO THE POINT OF BEGINNING

The undersigned will present said application to the City Planning Commission at its regularly scheduled meeting set for600 pm Tuesday September 6 2011 The City Planning Commission will conduct a public hearing on saidapplication at the City Council Chambers 111 N Elm Street Saliisaw Oklahoma and all interested persons areentitled to be heard and are invited to attend The notice published this 14 day of

August 2011


BY s Dianna Davis


OM29

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CITY LIMITS 1 II1 S 1i

00030

7i AGENDA ITEM COMMENTARYESL 1518

1

91AHOP


ITEM TITLE Consider Approval of Ordinance 2011 17 An Ordinance AmendingSection 101 and Declaring an Emergency

INITIATOR Don Bauer

STAFF INFORMATION SOURCE City Attorney

BACKGROUND The proposed changes to Section 10 of the City of Sallisaw Code wererequested by Don Bauer who is moving to Sallisaw and has show dogsThe current code governing animals did not provide provisions for showdogs and the manner in which they are kept and cared for The CityAttorney will review this item with council

EXHIBITS Ordinances 2011 17

KEY ISSUES None

FUNDING SOURCE NA

RECOMMENDATION Recommend approval of Ordinance 2011 17 with emergency clauseattached


00031


AN ORDINANCE AMENDING SECTION 101 DEFINITIONS DEFININGCURRENTLY VACCINATED AND VACCINATION BY STRIKING THESAME AND ENACTING NEW DEFINITIONS FOR CURRENTLYVACCINATED AND VACCINATION AND ADDING A NEW DEFINITIONOF SHOW KENNELTO THE CITY OF SALLISAW CODE OFORDINANCES AND DECLARING AN EMERGENCY


SECTION 1

Section 101 Definitions Currently Vaccinated and Vaccination are each herebyrepealed in their entirety

SECTION 2

Section 101 Definitions of the Sallisaw Code of Ordinances be established by enactingthe following definitions towit

Currently Vaccinated means properly immunized by or under thesupervision of a licensed veterinarian with an antirabies vaccine licensed andapproved by the United States Department of Agriculture for use in thatanimal species or meeting conditions specified in Oklahoma StateDepartment of Health Zoo Notice Disease Control Rules OAC Title 310Chapter 599 Section 310599391 Vaccine must have been given atappropriate time intervals for the age of the animal and type of vaccineadministered

Vaccination means an injection of United States Department of Agricultureapproved rabies vaccine administered by a licensed veterinarian every 12calendar months if a oneyear vaccine is used or every 36 calendar monthsif a threeyear vaccine is used

Show Kennel means a breeder of dogs or cats whose main purpose andgoal is to raise purebred dogs or cats for the purpose of competition inapproved nationally recognized show venues

SECTION 3

WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist by

00032

reason whereof this ordinance shall be in full force and effect from and after its passageand approval

APPROVED this 12th day of September 2011


BySHANNON VANN Mayor

ATTEST


SEAL

00033

7 AGENDA ITEM COMMENTARY


ITEM TITLE Consider Approval of Ordinance 2011 18 An Ordinance AmendingSection 1013b and Declaring an Emergency

INITIATOR Don Bauer




KEY ISSUES None

FUNDING SOURCE NA



00034


AN ORDINANCE AMENDING SECTION 1013b BY STRIKING THESAME AND ENACTING A NEW SECTION 1013b TO THE CITY OFSALLISAW CODE OF ORDINANCES AND DECLARING AN EMERGENCY


SECTION 1

Section 1013b is hereby repealed in its entirety

SECTION 2

Section 1013b of the Sallisaw Code of Ordinances be enacted as follows

Every owner of a dog or cat is required to affix the tag issued by a licensedveterinarian for rabies vaccination to a collar to be worn by the dog or cat atall times except the owner of a show dog or cat whose coat maybedamaged by a collar may substitute an implanted microchip in lieu of acollar documentation to be available referencing said show dog or cat to theproper license tag and rabies vaccination It shall be unlawful for any personother than the owner or a licensed veterinarian to remove the collar ormicrochip from the dog or cat

SECTION 3





ATTEST


SEAL

00035

Ask F S4

AGENDA ITEM COMMENTARY

41AHMEETING DATE September 12 2011 BOARD Board of City Commissioners

ITEM TITLE Consider Approval of Ordinance 2011 19 An Ordinance Amending Section1092band Declaring an Emergency

INITIATOR Donnell Bauer




KEY ISSUES None

FUNDING SOURCE NA


2


00030


AN ORDINANCE AMENDING SECTION 1092b BY STRIKING THESAME AND ENACTING A NEW SECTION 1092b TO THE CITY OFSALLISAW CODE OF ORDINANCES AND DECLARING AN EMERGENCY


SECTION 1

Section 1092b is hereby repealed in its entirety

SECTION 2

Section 1092b of the Sallisaw Code of Ordinances be enacted as follows

The provisions of this Section shall not apply to kennels operated andmaintained by licensed veterinarians to commercial pet stores where allanimals are kept within the establishment to show kennels where theanimals housing is under the roof or physically attached to the ownershome nor to animal shelters

SECTION 3





ATTEST


SEAL

0003 7

rc N

K f AGENDA ITEM COMMENTARY

4tAHo0


ITEM TITLE Consider Approval of Ordinance 2011 20 An Ordinance AmendingSection 1093a and Declaring an Emergency

INITIATOR Don Bauer




KEY ISSUES None

FUNDING SOURCE NA



00038


AN ORDINANCE AMENDING SECTION 1093a BY STRIKING THESAME AND ENACTING A NEW SECTION 1093a TO THE CITY OFSALLISAW CODE OF ORDINANCES AND DECLARING AN EMERGENCY


SECTION 1

Section 1093a is hereby repealed in its entirety

SECTION 2

Section 1093a of the Sallisaw Code of Ordinances be enacted as follows

It is a condition to the issuance of a kennel license that an animal welfareofficer shall be permitted to inspect at all reasonable times all animals andkennels except as to a show kennel under the roof or physically attached tothe owners home

SECTION 3





ATTEST


SEAL

00039

u

IT li AGENDA ITEM COMMENTARY


ITEM TITLE Consider Approval of Ordinance 2011 21 An Ordinance AmendingSection 10124 and Declaring an Emergency

INITIATOR Don Bauer




KEY ISSUES None

FUNDING SOURCE NA


L


00040


AN ORDINANCE AMENDING SECTION 10124 OF THE SALLISAW CODEOF ORDINANCES BY STRIKING THE SAME AND ENACTING A NEWSECTION 10124 TO THE CITY OF SALLISAW CODE OF ORDINANCESAND DECLARING AN EMERGENCY


SECTION 1

Section 10124 is hereby repealed in its entirety

SECTION 2

Section 10124 of the Sallisaw Code of Ordinances be established by enacting thefollowing

Tags issued shall be fastened to the animalscollar or harness at all timesThe collar or harness with tag shall be worn by the animal at all times withthe exception of show animals as set out in Section 1013 of the SallisawCode of Ordinances

SECTION 3





ATTEST


SEAL

00041

riCoF A

i li AGENDA ITEM COMMENTARY

oIAHo


ITEM TITLE Acknowledge Supplemental Workers Compensation Refund in the Amountof 10664696 and Authorize the Oklahoma Municipal Assurance Group toApply the Full Amount as Credit to Current Quarterly Workers

Compensation Premium

INITIATOR Assistant City ManagerCity Clerk

STAFF INFORMATION SOURCE Assistant City Manager

BACKGROUND We have received notification that we are receiving a SupplementalWorkers Compensation Refund in the amount of 10664696 We

currently have 12416963 in our escrow account Staff requestsapproval to apply the full refund amount to our current quarterly workcomp premium We estimate our second quarter premium payment willbe8309050 Applying the entire refund will pay the second quarter andapproximately 23000 of the third quarter payment

EXHIBITS Correspondence from OMAGRefund Voucher Agreement

KEY ISSUES Use of this refund will help offset this yearswork comp premium

FUNDING SOURCE NA

RECOMMENDATION Approval to apply the supplemental refund amount of 10664696 tothe citys current quarterly work comp premium

Agenda Item Page I of 1

00042

September 1 2011

Mr Bill Baker City ManagerPO Drawer 525

Sallisaw OK 74955

Re Supplemental Workers Compensation Refundsr

4g Ala2 Dear Bill

riQti As a participant in the OMAG Workers CompensationPlan you are aware that periodically your municipality has

0 received refunds of unused loss funds This is a distinct10 advantage of being a member of OMAG

We know that WC claims may span several years andinvolve thousands of dollars Estimating the reserves requiredfor these claims over time is an inexact science or smart guess atbest

Each year in the WC Plan cases are closed or settled forg various reasons often leaving these reserves unexpended andor

5 unencumbered Conversely claims can be reopened by theComp Court and additional expense incurred after the Plan

E Member has received a refund for that Plan Year Our

Agreement allows OMAG to seek restitution if such actionw occurs

k OMAG is processing several years of claims developmentas described above The good news is that Sallisaw is due anadditional refund of10664696 Enclosed is a Supplemental

fvq Workers Compensation Refund Voucher Authorization foryour execution In the document you can see the Plan Years

fra

involved in this refund This Authorization instructs OMAG on

how you wish to utilize these fundsIf you have any questions concerning this matter please

call me4rr4411

Sincerely

est ILL4130 N Lincoln Blvd Chuck SmithOklahoma City OK

731055209Director of Plan Services

405 525 6624

1800 2349461

fax 405 525 5888

wwwomagorg00043

SUPPLEMENTAL WORKERS COMPENSATION

REFUND VOUCHER AUTHORIZATION

This Authorization made and entered into this day of 2011 shallremain in full force and effect between the Sallisaw hereinafter referred to as the Member andthe Oklahoma Municipal Assurance Group hereinafter referred to as the Group witnesseth

WHEREAS as a result of favorable resolution of claims incurred on behalf of theMember a refund of unused funds as described below is hereby authorized in the amount of10664696

1997 117871911999 33223872000 3225

2001 339

2002 489612004 45306622005 1447912006 13614

WHEREAS the Member by adopting and subscribing to the GroupsWorkersCompensation Plan for the above mentioned Plan Years and made payments of annual fees forstatutory benefits under 85 OS 1 et seq the Workers Compensation Act of the State ofOklahoma including the execution of the Plan Refund Voucher Agreements and

WHEREAS the execution of this Supplemental Workers Compensation RefundVoucher authorizes the Member to make application for the distributions of said fundsin one of three ways

You may select one of the following options

PLEASE INITIAL YOUR SELECTION

a Member authorizes the Group to deposit the refund into the Escrow account whichreceives interest earnings while on account

b Member desires apply the full amount as credit toward the current quarterlypayments for the 2011 2012 Workers Compensation Premium Only choose this option ifyour

00044

city or townsannual premium is greater than 5 000oare currently makingquarterly paymentsfor the 2011 2012 Plan Year

c Please issue a refund check for the entire amount

NOTE If we do not receive notification of your selection prior to November 30 2011our refu d will be automaticall transferred to our Escrow Account

In witness whereof signed as designated below

Mayor

Attested CityTown Clerk

Date

Select and initial your refund option above Return with original signatures of Mayor andClerk to the Oklahoma Municipal Assurance Group 4130 N Lincoln Blvd OklahomaCity OK 73105

00045

N

AGENDA ITEM COMMENTARY


ITEM TITLE Discuss Requirements for Building Permits and Provide Guidance to CityManager

INITIATOR Mayor

STAFF INFORMATION SOURCE City ManagerBuilding Development Director

BACKGROUND During recent budget workshops in May 2011 the City Commissioners andstaff discussed building permits At that time there appeared to be realinterest on the part of City Commissioners to minimize the requirements forobtaining building permits It appeared to be consensus that building permitsshould not be required for projects valued less than a certain dollar amountThe Commission directed the City Manager to bring this item back to theCommission for further discussion

Building Development Director Keith Miller will brief the Commission oncurrent requirements and associated fees

If changes are directed appropriate documents will be brought back to theCommission for consideration at its October or November meeting

EXHIBITS None

KEY ISSUES What level of control and oversight does the City Commission want theBuilding Development Department to have on minor construction projects

Will current State law allow the City to waive requirement for buildingpermits

What dollar amount should be established for waiver of building permits

FUNDING SOURCE Not applicable

RECOMMENDATION Provide guidance to the City Manager concerning building permitrequirements


00040

BOARD OF CITY COMMISSIONERS

REDEPOSIT

OF

TEMPORARILY IDLE FUNDS

SEPTEMBER 12 2011

Fund Amount Days 1st Natl National Armstrong

Meter Fund 56300679 61

Sallisaw Reserve 78592533 179

00047

reconsideration of condemnation case 6111c 414 north maple

Documents