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, Tuesday, February 22, 2000 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
Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend James Walter
First Assembly of God Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 13
b. Minutes of February 7, 2000 meeting
c. Transfers of Appropriations in Shawnee Municipal Authority – Customer Service Fund and General Fund
d. Budget Amendments in General Fund and Workers Compensation Self-Insurance Fund
e. Acknowledge the following reports and minutes:
* Budget Status Report as of January 31, 2000
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of February 2000
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of January 2000
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of January 2000
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of January 2000
* Utility Division Report for the month of January 2000
* Shawnee Police Report for the month of January 2000
* Shawnee Community Center Report for the month of January 2000
* Sister Cities Council minutes of January 11, 2000 meeting
* Planning Commission minutes of January 19, 2000 meeting
f. Approve out of state travel for Detective Mike Carnell to attend course in Homicide and Death Investigation in Little Rock, Arkansas, March 9 – 10, 2000.
g. Mayor’s Appointments:
Shawnee Housing Authority
Appoint Ben McCullar to replace Jim Stuart to a three-year term to expire 2/4/02
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 a-g. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Presentation by Mr. Jim Post of an old city charter and memorabilia.
Mr. Jim Post, local design artist, presented a 1929 Shawnee City Charter that he found in his parents desk.
He also presented other memorabilia to the City that included a picture of the first Sonic in Shawnee and a postcard of astronaut Gordon Cooper in which Mr. Post had designed.
The Commission expressed appreciation to Mr. Post for his presentations.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 3500 – 3900 N. Harrison from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as car dealership and speculative commercial development. (Applicant: Karl Klement Properties, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3500 – 3900 North Harrison for use as a car dealership.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal protests filed with the City Clerk.
Community Development Director Michael Southard gave the staff report.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the public hearing was closed.
Ordinance No. 1961NS was introduced and the title read aloud.
Ordinance No. 1961NS 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: Outlot One (1) and the North 3.06 acres of Outlot Two (2), Kelly’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma;
and
the South 7.55 acres of Lot Four (4) Williams Addition to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof; formerly Block 2, Armourdale Addition to the City of Shawnee, Pottawatomie County, Oklahoma; less and except a tract of land beginning at the Northeast Corner of the South 7.55 acres of Lot Four (4) Williams Addition, to the City of Shawnee, Pottawatomie County, Oklahoma; thence South 200; thence West 300 feet; thence North 200 feet; thence East 300 feet to the point of beginning; 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 Gillham, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
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, Winrow, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1961NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located in the 3400 of N. Harrison from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as speculative commercial development. (Applicant: Chris Lillard)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3400 North Harrison for use as speculative commercial development.
Planning Director Mike Southard stated the Planning Commission had deferred this item.
A motion was made by Commissioner Gillham, seconded by Commissioner Winrow, to continue this item to a future meeting. Motion carried.
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance for a conditional use permit on property located at 4845 N. Kickapoo from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with a condition use permit to sell beer and alcohol for consumption on the premises. (Applicant: Eateries, Inc. d/b/a Garfield’s)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 4845 North Kickapoo.
Mr. Southard noted that the Planning Commission and staff recommended approval of the application and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the public hearing was closed..
Ordinance No. 1962NS was introduced and the title read aloud.
Ordinance No. 1962NS 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: Lot Two (2), Block One (1), Shawnee Mission Plaza to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof, granting permissive use application for said property to C-3P, Automotive and Commercial recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; and declaring and emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Section 1, be approved. Motion carried.
AYE: Claybrook, Gillham, Harden, Winrow, Roach, Downing
NAY: Young
A motion was made by Vice Mayor Downing, to approve Section 2, the emergency clause, but died for lack of a second.
Thereupon Mayor Harden declared Ordinance No. 1962NS duly passed and adopted to go into effect 30 days from this date.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located in the 100 block of Garrett’s Lake Road from A-1; Agricultural District to I-1P; Restricted Industrial District with Conditional Use Permit for use as a fiber optic regeneration facility. (Applicant: Williams Tele-communications, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located in the 100 block of Garrett’s Lake Road for use as a fiber optic regeneration facility.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the public hearing was closed.
Ordinance No. 1963NS was introduced and the title read aloud.
Ordinance No.1963NS 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 in the East Half of the Southwest Quarter of Section 19, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning, at a point 556.2 feet S89o20’28”W of the Southeast Corner of said East Half of the Southwest Quarter; thence N00°20’27”E a distance of 333.0 feet; thence S89°20’28”W a distance of 200.0 feet; thence S00°20’27”W a distance of 333.0 feet to the south line of said East Half of the Southwest Quarter; thence N89°20’28”E along and parallel said south line a distance of 200.0 feet to the point of beginning, rezoning said property from zoning classification A-1; Agricultural District to I-1P, Restricted Industrial District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Title and Section 1, be approved. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Roach, Gillham, Young, Harden, Winrow
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1963NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider short form subdivision on property located in the 100 block of Garrett’s Lake Road. (Applicant: Williams Telecommunications, Inc.)
Community Development Director Michael Southard advised that Williams Telecommunications was requesting a short form subdivision consisting of two lots on 360 acres located less than ½ mile east of Kickapoo and north of Garrett’s Lake Road for use as a fiber optic regeneration facility.
He stated that the subdivision would consist of the first lot being 1.5 acres and the second being the remainder of the quarter section. The property is zoned A-1, Agricultural and will have to be rezoned to I-1P, in order to construct the regeneration facility.
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to approve the short form subdivision request of Williams Telecommunications, Inc. for property located in the 100 block of Garrett’s Lake Road. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance regulating barterers; defining terms, describing locations; providing for licensing; describing criminal provisions and penalty.
At the last City Commission meeting, City Attorney John Canavan was directed to research the matter of “panhandlers” or “barterers” due to a citizen’s concern of two men at the Harrison Street/Highway 18 and I-40 exit intersection that has been there for some time soliciting for money.
As a result of the request, Mr. Canavan developed two ordinances that related to “bartering” and “solicitation by coercion.”
He explained that “begging” could not be outlawed due to it being a constitutionally protected freedom of speech; but “bartering” could have restrictions. An example given as bartering was ‘will work for food.’
He stated that City of Oklahoma City recently adopted an ordinance setting a license requirement with a fee of $60.00 ($30.00 for investigation of the applicant’s background and $30.00 for the license).
Police Chief Hand Land also responded stating that it was dangerous for the two men to be on the highway and they were causing obstruction of traffic.
Ordinance No. 1964NS was introduced and the title read aloud.
Ordinance No. 1964NS entitled “An ordinance relating to barterers; amending Article VI of Chapter 14 of the Code of the City of Shawnee to be entitled barterers; defining bartering; prohibiting bartering on city streets; highways and medians, requiring an invitation to enter posted premises; requiring licenses to engage in bartering; establishing an application procedure; setting requirements for licensing of barterers; providing for appeal of disapproval of license; providing a term for the license; providing for fees; providing for review and investigation/issuance and denial; prohibiting transfer of licenses; requiring display of licenses; providing for revocation; requiring surrender upon expiration of revocation; providing for renewal of license; setting penalties; providing a licensing fee for bartering; providing for severability and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Sections 1-17, be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that Section 18, the emergency clause, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Claybrook
NAY: Roach
Thereupon Mayor Harden declared Ordinance No. 1964NS duly passed and adopted.
Next, a motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that a bartering license be required and the fee be $60.00 ($30 investigation fee and $30 for the license) with a 90-day expiration. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Roach
NAY: Winrow
AGENDA ITEM NO. 9: Consider an ordinance creating the offense of Solicitation by Coercion; defining the elements of the offense and providing the penalty for said offense.
As explained earlier, City Attorney John Canavan advised that ‘begging” could be done but not by coercion.
The next ordinance was developed to prohibit solicitation by coercion that would eliminate the solicitation by persistence once a negative response was given.
A discussion ensued, wherein Commissioner Roach expressed his opinion that this was an aggressive approach and it was going too far.
After due and careful consideration, Ordinance No. 1965NS was introduced and the title read aloud.
Ordinance No. 1965NS entitled “An ordinance relating to solicitation by coercion; creating a new Section 18-40, Article I of Chapter 18 of the Code of the City of Shawnee; defining solicitation and coercion; making it unlawful to solicit by coercion; setting punishment; providing for severability and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Title and Sections 1and 2, be approved.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: Roach
Thereupon Mayor Harden declared Ordinance No. 1965NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider a resolution concerning Oklahoma Century Community Project 2000 downtown beautification program.
Community Development Director Michael Southard informed the Commission that First Lady of Oklahoma Cathy Keating had introduced a downtown beautification program that is designed to enhance and beautify central business districts in Oklahoma communities.
He stated that there was no financial commitment on the City’s part no was there a grant involved. This is to recognize projects in downtown areas.
Resolution No. 6061 was introduced and the title read aloud.
Resolution No. 6061 entitled “A resolution of support of the Oklahoma Century Community Project 2000, a program designed to enhance and beautify central business districts in Oklahoma communities.”
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that the Title and Resolution, be approved. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Resolution No. 6061 duly passed and adopted.
AGENDA ITEM NO. 11: Consider authorizing staff to proceed with setting a date for city auction of surplus property.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to set the date for the city auction of surplus property for April 15, 2000 and for staff to recommend an auctioneer and declare items surplus at the next meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 12: Discussion of establishing an alternative building code for existing structures.
Community Development Director Michael Southard gave a brief report for informational purposes to the Commission in regards to taking steps to establish an alternative building code for existing structures.
He stated that a public hearing was held where 19 interested citizens were present to discuss ways to get individuals to rennovate older structures.
Mr. Southard remarked that he had already requested a model ordinance that was developed by the state of Maryland and he was seeking other codes to study.
From that public hearing, there were several people that volunteered to be on a committee to develop the code. The committee will consist of plumbers, engineers, developers and home builders to name a few.
Mr. Southard concluded that these people will work with staff to develop a code that will be workable for Shawnee.
AGENDA ITEM NO. 13: Consider Bids:
a. One 2000 motor grader (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to award the bid for lease of the 2000 motor grader to G. W. VanKeppel Company, Kansas City, Kansas, in the amount of $1,450.00 per month as the lowest and best bid. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
Public Works James Cole stated that a lease purchase agreement would be presented at the next meeting for Commission’s approval.
b. Milling/resurfacing paving project (award)
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to award the bid for the milling/resurfacing paving project (COS-PW-99-8) to S.E.A. Construction Corporation, Edmond, Oklahoma, in the amount of $476,300.00 as the lowest and best bid. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
The following bids were opened, read aloud and found to be as follows:
c. One - 52” heavy duty riding tractor mower (open)
BIDDER AMOUNT
Dinsmore Motor Plaza, Inc. $ 7,875.72
Shawnee, OK
Grissom Implement, Inc. $ 6,649.00
Prague, OK
Kretchmar’s Grasshopper $11,400.00
Medford, OK
Pioneer Equipment $10,587.75
Oklahoma City, OK
Brandon’s Rental & Small Engine, LLC $ 8,599.00
Shawnee, OK
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the bids for the 52” heavy duty riding tractor mower be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
d. Lions Club West Softball Field lighting project (open)
BIDDER AMOUNT
Shawnee Lighting Systems, Inc. $55,780.00
Shawnee, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the bid for the Lions Club west softball field lighting project be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
e. One or more 2000 ¾ ton pickup cab and chassis (open)
BIDDER AMOUNT
Brackeen Motors, Inc. $17,020.00
Shawnee, OK
Harvey’s Inc. $16,949.00
Shawnee, OK
Dinsmore Motor Plaza, Inc. $20,099.00
Shawnee, OK
Klement Ford $17,747.00
Shawnee, OK
A motion was made by Commissioner Winrow, seconded by Commissioner Young, that the bid for the 2000 ¾ ton pickup cab and chassis be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
f. One or more 2000 ½ ton pickup truck (open)
BIDDER AMOUNT
Brackeen Motors, Inc. $15,473.00
Shawnee, OK
Harvey’s Inc. $14,990.00
Shawnee, OK
Dinsmore Motor Plaza, Inc. $15,499.00
Shawnee, OK
Klement Ford $15,781.00
Shawnee, OK
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the bid for one or more 2000 ½ ton pickup trucks be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 14: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Claybrook inquired about the placing of campaign signs and if candidates would follow the same rules as everyone else.
The Commission agreed that candidates should also adhere to the sign regulations.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the meeting be adjourned. Motion carried. (8:35 p.m.)
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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