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, March 17, 2003 at 7:00 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
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of March 3, 2003 meeting
b. Budget Amendment in 2001 CDBG Entitlement Grant Fund and 2002 Home Grant Fund.
c. Transfers of Appropriations in General Fund, Shawnee Municipal Authority Fund, and Shawnee Airport Authority Fund.
d. Acknowledge the following reports and minutes:
* Sales Tax Report through March, 2003
* Utility Division Report for the month of February, 2003
* Building Inspector Report for the month of February, 2003
* City Clerk Report for the month of February, 2003
* Warrant Officer activity report for the month of February, 2003
* Shawnee Community Center report for the month of February, 2003
* Planning Commission minutes from the February 5, 2003 meeting.
* Shawnee Urban Renewal Authority minutes from the February 19, 2003 meeting.
* Sister Cities Council minutes from the February 11, 2003 meeting.
e. Approve correction of May 20, 2002 City Commission meeting minutes as it pertains to agenda item regarding the opening of bids for Aggregate Hauling & Unloading.
f. Authorize staff to advertise for bids for the resurfacing of tennis courts at the Paul Duffield Tennis Complex.
g. Authorize sending Lt. Roy Gribble to FBI National Academy in Quantico, Virginia in April, 2003.
h. Acknowledge letter from Buford White expressing appreciation to David Talton, Beau Bullock, Maurice Harris and Ron Gwynn for their prompt and professional response regarding a sewer backup.
i. Mayor’s Appointment:
Planning Commission
Appoint Chester Johnston to replace Louise Johnston to a term to expire 6/1/05
Traffic & Transportation Commission
Appoint Bill Colclasure to a term to expire 1-1-06
Reappoint Mark Larch-Miller to a term to expire 1-1-05
Reappoint Bob Dye to a term to expire 1-1-05
Reappoint Larry Rose to a term to expire 1-1-05
Reappoint Dan Beck to a term to expire 1-1-05
Reappoint Archie Hill to a term to expire 1-1-05
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that Agenda Item No. 1 (a-i) be approved as presented. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
“International Demolay Month”
March, 2003
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month.
Personnel Director Dave Chesher on behalf of City Manager Terry Powell presented a plaque and gift certificate to Robert McDoulett, Utility Billing Department, as the March employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Consider the appeal of Edna Patterson regarding demolition of property located at 509 N. Pennsylvania. (Deferred from 3/3/03)
A public hearing was held on February 13, 2003 wherein it was determined that the property at 509 North Pennsylvania be condemned and removed.
At the last City Commission meeting, the Commission granted Ms. Edna Patterson two weeks to get cost estimates to determine if it would be feasible to repair the house and in the meantime secure the house.
Administrative Hearing Officer Mike Southard informed the Commission that his staff contacted Ms. Patterson and she told them that she did not get the estimates due to recent illness. Also one of the Commissioners went by the house and it had not been secured.
It was staff’s opinion that the house would be too costly to repair.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to affirm the Administrative Hearing Officer’s decision to remove the dilapidated house located at 509 North Pennsylvania. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 1710 N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the sale of beer and alcohol for on-premise consumption. (Applicant: King Buffet)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1710 North Harrison with a Conditional Use Permit to allow for the sale of beer and alcohol for on-premise consumption.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2087NS was introduced and the title read aloud.
Ordinance No. 2087NS 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 described as beginning at a point 1362.50 feet North of the Southeast Corner of the Southeast Quarter (SE/4) of Section 7, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence North a distance of 109.9 feet; thence West a distance of 325 feet; thence South a distance of 110 feet; thence East a distance of 9 feet; thence North a distance of 0.10 feet; thence East a distance of 316 feet to the point of beginning; and a tract of land located in the Southeast Quarter (SE/4) of Section 7, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, described as beginning at a point 1762.40 feet North and 325.00 feet West of the Southeast Corner of said Section 7; thence West a distance of 95.00 feet; thence South a distance of 110.00 feet; thence east a distance of 95.00 feet; thence North a distance of 110.00 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 Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2087NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 3815 N. Harrison from C-3; Automotive and Commercial Recreation District and I-3; Heavy Industrial to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the sale of beer and alcohol for on-premise consumption. (Applicant: Harrison Street Bar-B-Q d/b/a Van’s Pig Stand).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3815 North Harrison with a Conditional Use Permit to allow for the sale of beer and alcohol for on-premise consumption.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2088NS was introduced and the title read aloud.
Ordinance No. 2088NS 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 described as beginning at a point on the Northwest Corner of the Southwest Quarter (SW/4) of Section 5, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence East 490 feet; thence South 321 feet; thence East 170 feet; thence South 75 feet; thence West 260 feet; thence South 150 feet; thence West 400 feet; thence North 546 feet to the point of beginning, rezoning said property from C-3; Automotive and Commercial Recreation District and I-3; Heavy Industrial District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2088NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located North of 45th Street between Harrison Street and Bryan Street from A-1; Agricultural District to R-1; Single Family Residential District. (Applicant: Bryant Builders)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located North of 45th Street between Harrison Street and Bryan Street.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2089NS was introduced and the title read aloud.
Ordinance No. 2089NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: A tract of land in the Southeast Quarter (SE/4) of Section 32, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, described as follows: beginning at a point 474.64 feet N89°28’29”E of the Southwest Corner of the said Southeast Quarter (SE/4); thence N00°34’34”E for a distance of 2594.29 feet to a point on the South right-of-way line of Interstate 40; thence N89°38’26”E for a distance of 773.14 feet; thence on a curve to the left having a radius of 21,605.92’ for a distance of 61.06 feet; thence S00°19’05”W for a distance of 2591.76 feet; thence S89°28’28”W for a distance of 845.93 feet to the point of beginning and rezoning said property from A-1; Agricultural District to R-1; Single Family Residential District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2089NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider approval of the final plat for Williams Lot 3 Replat #1 Addition at property located south of 45th Street and west of Harrison Street. (Applicant: Roger Newton)
The proposed use of property for Williams Lot 3, Replat #1 Addition is for a car dealership. It is approximately a one acre single lot subdivision.
It was the Planning Commission’s recommendation to approve the plat subject to correcting the legal description and filing the off-site public easement with variances to the requirement for additional 60 feet of right-of-way along Harrison, for a 20-foot utility easement along the north property line, and requiring a 10-foot utility easement along the south property line when 20 feet is required.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the final plat for Williams Lot 3 Replat #1 Addition at property located south of 45th Street and west of Harrison Street as recommended by the Planning Commission with certain stipulations. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 9: Consider approval of the final plat for Shawnee Mission Plaza Section 4 located north of 45th Street and east of Kickapoo Street. (Applicant: Spear McCaleb Company on behalf of Kwik Industries)
The proposed use for Shawnee Mission Plaza Section 4 property is for a retail business.
This is a two-lot subdivision of approximately 61,000 square feet. It is part of a Planning Unit Development (PUD) based on the C-3 zoning district.
The Planning Commission recommended approval of the final plat.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the final plat for Shawnee Mission Plaza Section 4 located north of 45th Street and east of Kickapoo Street. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 10: Consider approval of the preliminary plat for the Wood Song Addition located north of 45th Street between Harrison Street and Bryan Street. (Applicant: Bryant Builders)
The proposed use of the Wood Song Addition is for residential subdivision.
The property is approximately 50 acres and consists of 106 residential lots.
The Planning Commission recommended approval with the stipulation that the city engineer’s concern regarding the site distance for two of the interior streets have been met.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the preliminary plat for the Wood Song Addition located north of 45th Street between Harrison Street and Bryan Street in accordance with the Planning Commission’s recommendation. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 11: Consider deleting Section 19-546(a)(6) from Code regarding the prohibition of parking within 20 feet of an intersection crosswalk.
Police Chief Hank Land requested that a certain section in the code regarding the prohibition of parking within 20 feet of an intersection crosswalk be deleted due to the fact that it would eliminate several parking spaces.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve the Chief of Police Hank Land’s request to delete Section 19-546(a)(6) from the City Code regarding the prohibition of parking within 20 feet of an intersection crosswalk. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
Note: An ordinance will be forthcoming at the next meeting.
AGENDA ITEM NO. 12: Update from staff regarding Pottawatomie County Development Authority bond refinancing.
City Treasurer Terry Compton updated the Commission regarding the PCDA bonds stating that the bonds were successfully refinanced on March 12, 2003 with an actual savings of over $3 million dollars.
He stated that the city’s financial advisor, Oppenheim & Company, initially had estimated the refinancing would result in a $1.1 million over the life of the issue, but due to the excellent rates in today’s market, the actual savings was $3 million which was a favorable move on the City’s part.
AGENDA ITEM NO. 13: Consider approval of increase of reconnection charges of water service due to nonpayment.
City Treasurer Terry Compton presented a recommendation to increase the reconnection charges of water service for nonpayment.
He added that the reason for the increase was that the current fees for reconnection of water service are very low and do not encourage customers to keep their accounts current.
He advised that the average cutoff of water service to customers for nonpayment is around 200 customers per month and a large portion of the cutoffs are repeat customers.
Mr. Compton conducted a survey of other cities comparable to the size of Shawnee and the increases would place Shawnee in line with their costs.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve the request from City Treasurer Terry Compton to increase reconnection charges of water service due to nonpayment. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
Note: An ordinance will be forthcoming at the next City Commission meeting.
AGENDA ITEM NO. 14: Consider approval to change billing method for sewer service from an average of winter months to actual usage.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, to accept City Treasurer Terry Compton’s request to defer this item to the next City Commission meeting. Motion carried.
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 15: Consider award of bid on 72” cut riding mower.
Public Works Director James Cole presented staff’s recommendation to award the bid to Central Ford New Holland, Inc. as the best bid. Although they were the higher bid, it was staff’s justification that lower bid mowers did not meet the commercial standards for the high level park maintenance.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to accept staff’s recommendation to award the bid on the 72” cut riding mower to Central Ford New Holland, Inc., Oklahoma City, Oklahoma, with a base bid of $13,500.00 as the best bid based on meeting bid specifications. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 16: New Business. Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business.
AGENDA ITEM NO. 17: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 18: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Jim Sims, resident and physically disabled, appeared before the Commission requesting assistance with the handicap ramp at the Shawnee Public Library.
Commissioner Weaver volunteered to assist Mr. Sims with his concerns.
AGENDA ITEM NO. 19: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Claybrook requested a report on the use of cingular wireless service for the next meeting.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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