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, January 5, 1998 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor-Commissioner Ward 4
George D. Snider Ronald A. Gillham,Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Arnold Davis
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
INVOCATION Carl Young
Commissioner Ward 3
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of December 15, 1997 meeting
b. Transfer of Appropriations in Capital Improvement Fund
c. Acknowledge the following report and minutes:
* Shawnee Community Center Report for the month of November 1997
* Shawnee Police Department Report for the month of November 1997
* Shawnee Urban Renewal Authority minutes of November 18, 1997 meeting
* Shawnee Public Library Board minutes of November 11, 1997 meeting
* Planning Commission minutes of December 10, 1997 meeting
* Civic and Cultural Development Authority minutes of November 20, 1997 meeting
d. Lakesite Lease Transfer
Lot A, Hart Tract
Fr: Lonnie & Benita Maley To:John & Cathe Fox
10116 Glascow Terrace 3817 Shadowridge
Yukon, OK Drive
Norman, OK
e. Approve bucket truck repairs by U.C.I. in the amount of $10,946.00 and waive competitive bidding.
f. Authorize staff to advertise for bids on a mid-size program vehicle for the Police Department.
g. Approve Oklahoma Municipal Retirement Fund application for retirement pension with lump sum payment for Jimmie D. Ford.
A motion was made by Commissioner Snider, seconded by Commissioner Young, that Consent Agenda Item No. 1 (a-g),
inclusive, be approved. Motion carried.
AYE: Snider, Young, Harden, Davis, Downing, Gillham
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Sergeant Tom Warren, Shawnee Police Department, as the December “Employee of the Month” in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Consider approval of a preliminary plat for “Enchanted Forest.” (Appli-cant: Bryant Builders/Landes Engineering) (Deferred from 10/6/97 and 12/15/97 meetings).
Mr. Bill Colclasure, Planning Director, presented a staff report noting the applicant is requesting preliminary plat approval of the Enchanted Forest Addition.
The Planning Commission met in a Special Meeting on December 10, 1997 recommending the preliminary plat be approved with the exception of no sidewalks and no recommendation was forwarded as to the concreting of the drainage channel.
Since the reports and discussion lasted over one hour, the following comments and key points are presented in a summarized form:
Staff Reports
Community Development Director Bill Colclasure reported the following:
*At this stage of the preliminary plat process, it does not meet the sub-division regulations
*Sub-division regulations concerning lining of drainage channels were adopted in 1989 and staff is trying to enforce the requirements
*the corrections to streets and sidewalks have been met by the developer, the drainage channel needs addressing
*cooperation from the developer has been limited
City Engineer John Krywicki commented upon the following:
*regarding the flood plain boundary, on December 3, 1997, developer supplied correction and it was acceptable to staff and he is confident it will be acceptable to FEMA
*platting of waterline extension, developer is responsible for extending waterline
*street minimum stopping distance has been corrected
*interpretation of Code is for paved channel, not specifically concrete, but has to be paved with something
*emphasized there is a difference between the main creek channel and drainage channels within the subdivision property
*On December 19, 1997, received information from developer regarding drainage ditches, and corrections will be made by the Landes engineer
*should a variance be granted on the main creek for drainage, the City needs to reserve the option to require ditch liners within the subdivision itself
*met with Kent Bryant and discussed liners for the bar ditches along 45th and Bryan to protect road from erosion, developer had agreed to something, length not determined at this time
*main creek channel is being reserved with 400-450 feet wide flood plain swathe
*wants to see the channel lined with some type of material to protect the roadway from erosion, does not need to be concrete
At this time, Mayor Harden interjected and explained that the City has to maintain the many creeks that run throughout Shawnee that have been dedicated to the City and it is desired that this pattern be stopped.
The City Engineer’s report continued:
*the flood plain will not be dedicated to the City, it’s the responsibility of the developer
*if variances are granted regarding the drainage channel, he would require the banks sodded and the creek bottom lined with materials such as baskets with rocks or nylon-type mesh, etc., given as examples for various methods or leave in its natural state
*need more flexibility in Code regarding velocity flow, the current code is too restrictive, grant variance for concrete lining for main channels
Director of Operations Dallas Graham advised the Commission on the following:
*agreed the ordinances need to be flexible regarding drainage channels
*asked the developer to work with staff for a workable solution, but did not have a response
*cited that Muskogee sub-division requires a trickle channel of 3 to 6 feet wide and concrete bottom of channel with sloping sides are sodded, this could be workable solution
Applicant: Bryant Builders/Landes Engineering
Mr. Steve Landes, Engineer representing the developer, appeared to present the preliminary plat:
*presented letter from an environmental engineer from the office of the Oklahoma Conservation Commission in support of the “natural” drainage channels
*recommended to leave drainage channel in its natural state, by adding concrete to the channels, causes adverse effects
*checked with other cities in the State such as Edmond, Norman, Stillwater, and Ponca City, and found the majority leave channels in natural state or are considering that plan
*feels the best solution for straightening channel is to clear and clean out and leave flood plain boundary of 400 feet as a green belt area
*Lot 1 and will be set aside for a neighborhood association for use such as a walking area
*open and clear channels so they would flow better, the actual creek is outside the sub-division
Mr. Frank Bryant, the developer, commented:
*The association is becoming a popular mechanism for sub-divisions
*Lot 1 will belong to the Association for a club house and proposed swimming pool and Lot A, the green belt area for walking and tennis court, the creek barely touches Lot A
*reiterated that the City Engineer agreed the drainage channel be in a natural state
*project has been costly with the delays and feels entire situation has been ill-intended
Mr. Kent Bryant, developer, appeared to conclude the discussion and commented on the following:
*To finalize the past four months he stated to keep the channel in its natural state, reminded that there is 400 feet of flood plain area, not necessary to go to FEMA, reasons why developer has not proceeded
*has talked to City Engineer and the drainage issue can be worked out, it is a minor change
*the preliminary plat is 75% completed and will work with city engineer and staff to prepare for final plat to be submitted within 60 days
Taking into consideration all that was mentioned, it was clear that the current subdivision regulations would need to be revised and the Commission directed staff to proceed with making the changes.
After much discussion and questions from the Commission, City Attorney John Canavan was called upon for his opinion.
City Attorney Canavan responded that the final plat is the controlling plat and the Commission would have the final decision at the time when presented. He stated that the preliminary plat is the process to move forward on a project.
As noted, that the final plat would probably be ready in about 60 days, with the drainage channel issue resolved, and the Commission urged staff and the developer to work diligently toward solutions.
A motion was made by Commissioner Snider, seconded by Commissioner Young, that the preliminary plat for Enchanted Forest Subdivision be approved. Motion carried.
AYE: Snider, Young, Harden, Davis, Downing, Gillham
NAY: None
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to vacate a certain North/South alley located in Block 2, Penn’s Addition. (Applicant: Leonard Johnson).
Mayor Harden declared a public hearing in session to consider an ordinance to vacate a certain North/South alley located in Block 2, Penn’s Addition.
It was noted the Planning Commission and staff recommended that the request be denied and the alley remain open. A petition with eleven signatures to keep the alley open was filed and another petition with eleven signatures to close the alley was received by the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of vacating the alley.
Appearing in favor of closing the alley was the applicant, Mr. Leonard (Bill) Johnson, 1510 North Park Street. Mr. Johnson gave a brief history of the alley and stated the north half has always been open. He advised that he has placed a fence in the back alley since the 1980s and many other fences have been in place for over 50 years.
Next to appear was Mr. Roger Pitts, 1511 N. Park, owner of property west of Mr. Johnson’s property on Louisa Street, requesting to keep a portion of the alley open.
He stated that he did not remember giving permission to Mr. Johnson to build a fence across alley, but did remember him asking to clean alley and use the alley as access to the back of his property. He stated that he had no objections for his property to be used since the lots are small and parking is very limited in the front lots.
Mr. Pitts advised that Mr. McCray also wanted to have access to alley same as Mr. Johnson, but Mr. Johnson has recently put up another fence that will not allow access to Mr. McCray’s back property by way of alley.
Also appearing in opposition to the closing of the alley was Mr. Gary McCray, 1509 N. Louisa. He requested the alley not be closed for parking purposes.
It was apparent from the public hearing that there were property owners in dispute regarding property access.
There being no others to appear, Mayor Harden declared the public hearing closed.
In discussion, City Attorney John Canavan advised that the alley easement has always been a part of the City and when a property owner builds on city easement there is a risk that is assumed by the property owner. He informed the Commission that although the City has property that has never been used, the property owners cannot take the City’s property by adverse possession. The entire alley can be cleared if the City wishes and the City has the right to its own alley.
He stated that if the alley was closed, the City would still reserve the sewer line easement; and if closed, the City loses the ability to allow use of public service.
After due and careful consideration, the ordinance title was read aloud.
“An ordinance vacating the North/South alley located in Block Two (2), Penn’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma; specifically describing said property; reserving the right to reopen said alley; reserving utilities; and declaring an emergency.”
A motion was made by Commissioner Davis, seconded by Vice Mayor Downing, to deny the request to close the North/South alley located in Block 2, Penn’s Addition as requested by Leonard Johnson. Motion carried.
AYE: Davis, Downing, Snider, Gillham, Young, Harden
NAY: None
Thereupon the ordinance was denied.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 1101 North Kickapoo from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District for commercial use. (Applicant: Wilma Jean Smith).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1101 North Kickapoo for commercial use.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning. Ms. Wilma Jean Smith, applicant, appeared on behalf of her application. There being no others to appear the public hearing was closed.
After due and careful consideration, Ordinance No. 1859NS was introduced and the title read aloud.
Ordinance No. 1859NS 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 Forty-nine (49) and Fifty (50), Block One (1), Plainview Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Snider, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Snider, Gillham, Young, Harden, Davis
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be
approved. Motion carried.
AYE: Downing, Young, Harden, Davis, Snider, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1859NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located 1109 South Beard from A-1, Agricultural District to C-3, Automotive and Commercial Recreation District for small implements, trucks, and trailer sales. (Applicant: Steve Coker).
Community Development Director Bill Colclasure requested that the public hearing be continued to the first meeting in March since the Planning Commission had continued this item to its February meeting to allow time to resolve the flood plain issue regarding this rezoning.
A motion was made by Vice Mayor Downing, seconded by Commissioner Davis, to continue this item to the March 2, 1998 meeting. Motion carried.
AYE: Downing, Davis, Snider, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 816 North Harrison from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District for use as a car lot. (Applicant: Bruce Lilley).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 816 North Harrison for use as a car lot.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. Bruce Lilley applicant, appeared on behalf of his application.
There being no other persons to appear the public hearing was closed.
After due and careful consideration, Ordinance No. 1860NS was introduced and the title read aloud.
Ordinance No. 1860NS 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 beginning sixty (60) feet South of the Southeast Corner of Block Seven (7), Dexter’s 2nd Addition to the City of Shawnee, Pottawatomie County, Oklahoma; thence West 150 feet; thence South 109 feet; thence East 150 feet; thence North 109 feet to the point of beginning; rezoning said property from zoning classification C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Young, Downing, Snider, Gillham, Harden, Davis
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Davis, Snider
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1860NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider request for confirmation of the Administrative Order on declaring a public nuisance and condemning the properties located at 1202 and 1208 East Main Street.
City Attorney John Canavan informed the Commission that Mary Black, the attorney representing Dana Richards, the owner of public nuisance properties at 1202 and 1208 East Main Street, contacted him and advised that these properties were in foreclosure and that the case would be heard in District Court at the end of January.
He stated that Ms. Black requested the City Commission postpone its decision on the properties until this case has been resolved.
Mr. Canavan stated that he was also advised by Ms. Black that the owner would not challenge the Administrative Order. It was his recommendation that this item be continued to the February 2, 1998 meeting until after the District Court hearing to determine the responsible party.
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to accept the City Attorney’s recommendation that the matter of upholding the Administrative Order regarding public nuisance properties at 1202 and 1208 East Main Street be continued to the February 2, 1998 meeting. Motion carried.
AYE: Gillham, Downing, Snider, Young, Harden, Davis
NAY: None
AGENDA ITEM NO. 9: Consider a contract with Perkins Consulting, Inc. for the development of a Comprehensive Pay and Classification Plan for the City of Shawnee.
City Manager Terry Powell explained to the Commission that the current employee position classification and pay plan was at least ten years old and it needed to be improved upon. He advised that with the current plan, employees are maxed out at five years; and thereafter, there are no incentives for employees for upgrades or advancements, except in situations such as vacancies.
It was Mr. Powell’s recommendation that since Mr. Perkins had been the Interim Personnel Director and is familiar with the pay scale, that he work as a consultant parallel with Mr. Benelli, Personnel Director, to complete the project within 90 to 120 days at a cost not to exceed $15,400.
A motion was made by Commissioner Gillham, seconded by Commissioner Snider, to approve a contract with Perkins Consulting, Inc. (Arland Perkins) for the development of a Comprehensive Pay and Classification Plan for the City of Shawnee in an amount not to exceed $15,400. Motion carried.
AYE: Gillham, Snider, Young, Harden, Davis, Downing
NAY: None
AGENDA ITEM NO. 10: Consider bids on New Fire Station to be located on North Center Street. (award) (Deferred from 12/15/97 meeting).
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to
defer this item to the next City Commission meeting. Motion carried.
AYE: Downing, Young, Harden, Davis, Snider, Gillham
NAY: None
AGENDA ITEM NO. 11: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Jim Clifton, American Printing Company, pointed out that the paving on Market Street to Main downtown was in deteriorating condition.
AGENDA ITEM NO. 12: Administrative Reports.
There were no Administrative Reports to be given.
AGENDA ITEM NO. 13: New Business.
Under New Business, Commissioner Snider advised that he would be running in the upcoming election for Ward 1 City Commissioner.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded
by Commissioner Young, that the meeting be adjourned. Motion carried. (9:12 p.m.)
AYE: Downing, Young, Harden, Davis, Snider, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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