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 16, 1999 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 Pastor Betty Young
Holiness Church of Jesus Christ
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Swearing in of Ms. Bradie Lee Winrow as Ward IV Commissioner by Municipal Judge Robert H. Jones and presentation of Certificate of Election.
Municipal Judge Robert H. Jones conducted a swearing-in ceremony and presented a Certificate of Election to Ms. Bradie Lee Winrow as Ward IV Commissioner.
AGENDA ITEM NO. 2: Consider Approval of Consent Agenda.
a. Minutes of February 1, 1999 meeting
b. Transfer of Appropriation in General Fund
c. Budget Amendment in Gifts & Contributions Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of January 31, 1999
* City Clerk Report for the month of January 1999
* Building Inspector Report for the month of January 1999
* Shawnee Police Report for the month of January 1999
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of February 1999
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of January 1999
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of January 1999
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of January 1999
* Municipal Court Report for the month of January 1999
* Shawnee Community Center Report for the month of January 1999
* Shawnee Public Library Board minutes of January 12, 1999 meeting
* Planning Commission minutes of January 6, 1999 meeting
* Shawnee Urban Renewal Authority minutes of January 20, 1999 meeting
* Sister Cities Council minutes of December 14, 1998 and January 14, 1999 meetings
e. Recommendations from the Traffic and Transportation Commission meeting of January 26, 1999:
1) Request from Mr. Don Spurgin, 534 West Wood, for “No Parking” signs on both sides of the 500 Block West Wood.
Recommendation: To conduct a survey on both sides of the 500 Block West Wood and report findings at the next scheduled meeting.
2) Request from Ms. Edith Hunter, 526 North Ione, for “No Parking” signs on both sides of the 500 Block North Ione.
Recommendation: To conduct a survey on both sides of the 500 Block North Ione and report findings at the next scheduled meeting.
3) Request from Mr. Bill Gibson, 941 North Louisa, for “One Hour Parking this side of Street” sign between 720 and 726 East Main Street.
Recommendation: To install “Two Hour Parking” sign between 720 and 726 East Main.
4) Request from Mr. Bill Shields, Action Incorporated, 510 West Benedict for a roll out “School Zone” sign on Benedict during school hours for alerting east and west bound motorists.
Recommendation: Staff to meet with Mr. Joe Taron regarding the future prevocational school to determine need for flashing “School Zone” sign on Benedict Street.
5) Request from Commissioner Bob Downing, City Hall, for “No Parking” signs on Pottenger from Burns to Dewey Street.
Recommendation: To approve request.
6) Request from Commissioner Brad Roach, City Hall, for a study of Independence and Bryan and Highland and Kickapoo to see if traffic signals are warranted at these intersections.
Recommendation: To submit the intersection of Highland and Kickapoo to Oklahoma Department of Transportation for their study on warrants for a traffic control signal light and to install a 4-way stop sign at the intersection of Bryan and Independence Street.
Before considering the Consent Agenda, Commissioner Roach requested that Agenda Item e(6) be pulled for separate consideration.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 2 a-e, except e(6), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
In discussion of e(6), Commissioner Roach commented that he personally witnessed accidents at the intersection of Bryan and Independence, but he felt the intersection did not warrant 4-way stop signs at this time.
Thereupon, a motion was made by Commissioner Roach, seconded by Commissioner Gillham, that this item be tabled and further consideration and study be conducted to determine if signalization is warranted in the future for the Bryan and Independence intersection. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 3: Public hearing and consider an ordinance for a conditional use permit on property located at 101 East Main from C-4, Downtown Commercial District to C-4P, Downtown Commercial District with a conditional use permit to operate a laser tag recreation facility. (Applicant: Laserworld, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 101 East Main for use as a laser tag recreation facility.
It was noted the Planning Commission and staff recommended approval of the application and there was one formal written protest filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application.
Mr. David Timmons, Ms. Dawn Timmons, and son Scott Timmons, owners/applicants appeared on behalf of their application. Mr. Mike Hassen, Shawnee Public Market Auction, appeared also and spoke in favor of the application.
Ms. Marilyn Taylor, 100 East Main, appeared and stated concerns regarding litter and trash problems.
There being no other persons to appear the public hearing was closed.
After due and careful consideration, Ordinance No. 1918NS was introduced and the title read aloud.
Ordinance No. 1918NS 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 Eleven (11) and Twelve (12), Block Twenty-Seven (27), amended plat to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; granting Permissive Use Application for said property to C-4P, Downtown Commercial 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 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 Commissioner Gillham, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Downing, Young, Harden, Winrow, Roach
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1918NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 1136 East Highland from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District for use as portable building sales. (Applicant: James Webb).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1136 East Highland for use as portable building sales.
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. Jim Webb, applicant, appeared on behalf of his rezoning request.
There were no other persons to appear and the public hearing was closed.
After due and careful consideration, Ordinance No. 1919NS was introduced and the title read aloud.
Ordinance No. 1919NS 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 Twenty-Three (23) and Twenty-Four (24), Block Six (6), Patchin 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 Commissioner Gillham, seconded by Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Gillham, Roach, Claybrook, Young, Harden, Winrow, Downing
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. 1919NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider a one operator beauty parlor on property located at 1530 North Park. (Applicant: LaVonne Post).
Mayor Harden declared a public hearing in session to consider an application for a one operator beauty parlor located at 1530 North Park as requested by LaVonne Post.
The staff report was given by Planning Director Bill Colclasure. He reported that all required signatures of the adjacent property owners were obtained and they gave their consent for the beauty shop.
He noted that 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 or in protest of said application. There were no other persons to appear and the public hearing was closed.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve applicant LaVonne Post’s request for a one operator beauty parlor at 1530 North Park. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 6: Consider a request from Cindy Pylant, Vintage Petroleum, Inc., for annual fees for oil and gas wells to be lowered due to historic low prices in oil. (Deferred from 2/1/99 meeting).
At the last meeting, the City Commission deferred action on lowering the annual fees for oil and gas well drilling permits due to the current historic low prices as requested by Vintage Petroleum, Inc. until staff could research the costs involved.
The City’s annual fee is currently $250.00 per well per year and the request was to lower it to $100.00 per well.
The agenda packet included memorandums regarding the administrative costs from the City Treasurer and City Clerk offices showing an average cost of $26.84 per well (based on 68 wells); and the memo from the Fire Chief regarding the duties and time spent of approximately 15 to 20 hours by the oil and gas inspector.
At this time, Fire Chief James Roberts handed out the costs involved by the Oil and Gas Inspector to be $128.89, for a total of $155.73 per well. Also James Wyatt, the Oil and Gas Inspector, appeared before the Commission to answer questions about his duties and he mentioned that he had a good working relationship with Vintage Petroleum.
Ms. Cindy Pylant, Landman for Vintage Petroleum, Inc., was present and suggested that the posting of $15 per barrel was a reasonable price at this time and had mentioned that the prices had been below $15 since last April.
After discussion, a motion was made by Commissioner Claybrook to eliminate the fee entirely. The motion died for lack of a second.
Next, a motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to reduce the fees by fifty percent (50%) to an amount of $125.00 per well with a triggering price of $15.00 per barrel at such time it passed that on an average basis for a twelve-month period the fee would return to $250.00 per well. Motion carried.
AYE: Gillham, Downing, Young, Harden, Winrow, Roach
NAY: Claybrook
AGENDA ITEM NO. 7: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the Code; providing for no parking on portions of certain streets. ( North Pottenger from Burns to Dewey).
The proposed ordinance will allow staff to install “no parking” signs on Pottenger from Burns to Dewey Street which was approved earlier in the meeting under the Consent Agenda.
Ordinance No. 1920NS was introduced and the title read aloud.
Ordinance No. 1920NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; 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
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Winrow, Roach, Gillham, Young, Harden
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1920NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider an agreement for the sub-grant of state and local assistance program funds between the City of Shawnee and Oklahoma Department of Civil Emergency Management.
Fire Chief James Roberts, who is also the City’s Director of Emergency Management, reported to the Commission that the agreement they were considering was a renewal agreement with the Oklahoma Department of Civil Emergency Management.
He informed the Commission that the purpose of the agreement is to provide a portion of the funds awarded to the State under the Federal Emergency Management Agency (FEMA) to the state and local assistance program.
The grant to the City of Shawnee’s Emergency Management program will enable the City to update its comprehensive disaster preparedness plan and assist in funding three personnel working in the emergency management program. The grant is in the amount of $43,707.62 to be paid on a quarterly basis.
A motion was made by Commissioner Roach, seconded by Commissioner Young, to approve the agreement between The State Oklahoma Department of Civil Emergency Management and the City of Shawnee for the sub-grant of State and Local Assistance Program funds in the amount of $43,707.62 payable on a quarterly basis. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 9: Consider updating current contract for the Shawnee Housing Authority relating to the elimination of drug related crime in public housing developments.
The Commission next considered the Shawnee Housing Authority contract with the City of Shawnee relating to the elimination of drug-related crime in public housing developments.
Police Chief Hank Land gave a staff report noting that the contract extends the City’s law enforcement service through October 1999 to the Shawnee Housing Authority and is for the amount of $44,156.00, which is funded by the Department of Housing and Urban Development (HUD).
He reported that the renewal contract will continue to utilize 1.5 police officers to serve the needs of the Authority to create a drug and crime-free environment and to provide for the safety and protection of the residents in its public housing developments.
Mr. Land advised that staff had recommended approval.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve the current contract with Shawnee Housing Authority, in the amount of $44,156.00, relating to the elimination of drug related crime in a public housing development. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 10: Consider holding public forums and setting dates and locations for sales tax presentations.
City Manager Terry Powell requested the Commission’s input on whether to schedule more public forums regarding sales tax presentations in addition to the twenty or more already scheduled for civic and various organizations.
It was the consensus of the Commission for staff to continue their schedule as planned.
AGENDA ITEM NO. 11: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Mr. Jim Clifton, American Printing, 106 West Main, addressed the Commission with concerns of bicycle and skateboard riding on the area sidewalks.
Mr. James Cole, Public Works Director, stated he would look into the matter.
AGENDA ITEM NO. 12: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 13: New Business.
Under New Business, the following comments and requests were made:
*Commissioner Gillham voiced concerns about the “emergency clause” wording in certain ordinances such as the zoning ordinance and requested legal staff to check into options for language changes.
City Attorney John Canavan advised the Commission that the charter sets out the “30 day” emergency clause requirement affixed to all ordinances; but he would do further checking and report his findings at the next meeting.
*Commissioner Young asked staff if the AMVETS Bingo Hall on the corner of Kickapoo and 10th Street was selling beer.
Police Chief Hank Land responded that he was not aware if they were selling beer; but he would check into the matter.
*Commissioner Winrow commented that she was pleased with near completed Bryan to Pesotum road improvement project.
*Mayor Harden read a letter regarding the U. S. Postal Service proposing a mail annex north of I-40 and State Highway 18. The letter was insuring proper notification to inter-governmental agencies and requesting input with regard to acquiring land for the expansion.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Gillham, seconded by Commissioner Winrow, that the meeting be adjourned. Motion carried. (8:44 p.m.)
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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