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, May 3, 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 Brad Roach
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
Bradie Lee Winrow
Commissioner Ward 4
INVOCATION Reverend Max Shumake
United Presbyterian Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Commission appointment of a Vice Mayor (per Article III, Section 6 of City Charter).
Mayor Harden stated that according to City Charter provisions, a Vice Mayor needed to be appointed for the term of one year.
A motion was made by Commissioner Young, seconded by Commissioner Claybrook, that Commissioner Downing be reappointed to the position of Vice Mayor for one year, with said term to expire the first Commission meeting in May of 2000. Motion carried.
AYE: Young, Claybrook, Gillham, Harden, Roach, Downing
NAY: None
AGENDA ITEM NO. 2: 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. 15
b. Minutes of April 19, 1999 meeting
c. Transfer of Appropriations in General Fund, Shawnee Municipal Authority, and Cemetery Trust Fund
d. Budget Amendments in Capital Improvement Fund and 1997 Street Improvement Project Fund
e. Acknowledge the following report and minutes:
* Shawnee Urban Renewal Authority minutes of April 6, 1999 meeting
* Civic and Cultural Development Authority minutes of March 18, 1999 meeting
* Planning Commission minutes of April 21, 1999 meeting
f. Approve staff’s request for Lots 12 and 13, South School Tract, at the Shawnee Twin Lakes to be divided into two separate lots.
g. Lakesite Lease Renewals
Lot 14, Hart Tract Lot 23, Johnston Tract
Walter Lee Johnson, Jr. Richard Harold Rose
32602 Lake Road PO Box 1299
Shawnee, OK Artesia, CA
h. Approve resolution electing Trustees to the Oklahoma Municipal Assurance Group for three-year terms commencing on July 1, 1999.
Resolution No. 6031 entitled “A resolution authorizing and directing Chris Harden, Mayor and authorized agent of the City of Shawnee, Oklahoma, to cast votes for three Trustees of the Oklahoma Municipal Assurance Group to fill expiring terms of three Trustees.”
i. Approve renewal agreement with John P. Strech dba JPS Enterprises, Shawnee, OK for public nuisance mowing for fiscal 1999-2000.
j. Approve out-of-state travel for police officers Skip Vague and Richard Wakeman to attend an instruction class using diversionary devices from May 25-26, 1999 in Little Rock, Arkansas.
k. Approve out-of-state travel for police officer Steve Leader to attend a Defensive Tactics Instructor’s Conference from May 24-29, 1999 in Fort Myers, Florida.
l. Approve out-of-state travel for Fire Chief James Roberts and Fire Marshal Allen Heilaman to attend the Southwestern Division of the International Association of Fire Chiefs Annual Conference May 20-26, 1999 in Las Vegas, Nevada.
m. Authorize staff to declare three fire engines as surplus property.
n. Authorize staff to explore possibilities of a joint fire station with Bethel Fire Department in the Shawnee Lake area.
o. Acknowledge change in the by-laws for the Shawnee Public Library Board changing their meeting schedule to quarterly rather than monthly.
p. Authorize staff to advertise for bids on asphalt material and placement.
q. Authorize staff to advertise for bids for laboratory services for the industrial pretreatment and NPDES compliance programs for fiscal year 1999-2000.
r. Authorize staff to advertise for bids for water treatment chemicals for fiscal year 1999-2000.
s. Authorize staff to advertise for bids for aggregate materials, hauling and unloading, hot mix asphalt for fiscal year 1999-2000.
t. Acknowledge information regarding a Police Department plan to reduce outstanding warrants from the Municipal Court.
u. Approve recommendation to declare the Parking Authority inactive due to lack of activity.
v. Mayor’s Appointments and Re-appointments:
CABLE TV ADVISORY BOARD
Re-appoint Mr. Roger Hadley to a five-year term to expire 2/16/03
Re-appoint Mr. Louis Maltos to a five-year term to expire 2/16/03
SHAWNEE COMMUNITY CENTER ADVISORY BOARD
Re-appoint Ms. Nance Diamond to a three-year term to expire 8/1/01
Re-appoint Mr. Bill Currens to a three-year term to expire 8/1/01
Appoint Ms. Joy Holt to a term to expire 8/1/02 to fill the vacancy of Mr. Ron Burnett
PLANNING COMMISSION
Appoint Ms. Mary Atwood to a three-year term to expire 6/1/02
Appoint Mr. Bob Surface to a three-year term to expire 6/1/02
HVAC CODE BOARD OF APPEALS
Re-appoint Mr. Jack Kizzia, Jr. to a three-year term to expire 12/31/01
Re-appoint Mr. Dean Akin to a three-year term to expire 12/31/01
Appoint Mr. Bill Harwell to a term to expire 12/31/01 to fill the vacancy of Mr. Zane Qualls
PLUMBING CODE BOARD OF APPEALS
Appoint Mr. Jerry Mankin to a five-year term to expire 11/17/04
CIVIC AND CULTURAL DEVELOPMENT AUTHORITY
Re-appoint Mr. Art Jackman to a four-year term to expire 12/31/02
FARMERS MARKET BOARD
Re-appoint Mr. Tracy Farley to a three-year term to expire 7/17/01
SHAWNEE INDUSTRIAL AUTHORITY
Appoint Mr. Joe Remington to a term to expire 7/16/03 to fill the vacancy of Mr. Alan Darby
SHAWNEE HOUSING AUTHORITY
Re-appoint Ms. Blanche Wilson to a three-year term to expire 2/4/02
Appoint Ms. Peggy Ford to a three-year term to expire 2/4/02
AIRPORT ADVISORY BOARD
Re-appoint Mr. Terry Toole to a three-year term to expire 7/1/01
Re-appoint Mr. Ron Davis to a three-year term to expire 7/1/01
REACT BOARD OF DIRECTORS
Re-appoint Commissioner Ron Gillham to a one-year term to expire 11/1/99
CITIZENS ADVISORY COMMITTEE
Reinstate the committee and appoint the following persons:
Mr. Larry Briggs Ms. Margaret Davis
Mr. Bill Ford Mr. Mike Adcock
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-v), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None
Thereupon Mayor Harden declared Resolution No. 6031 duly passed and adopted.
AGENDA ITEM NO. 3: Mayor’s Proclamation:
Mayor Harden issued the following proclamations beginning with the add-on:
“Better Hearing & Speech Month”
May, 1999
(accepted by Kurt Kalies, Shawnee Audiologist)
“National Public Works Week”
May 16-22, 1999
(accepted by James Cole, Public Works Director)
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 1820 North Harrison from R-1, Single Family Residential District to C-3, Automotive and Commercial Recreation District for mini storage use. (Applicant: Jim & Molly Fincher).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1820 North Harrison for use as a mini storage facility.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared.
After due and careful consideration, Ordinance No. 1931NS was introduced and the title read aloud.
Ordinance No. 1931NS 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 Three (3) and Four (4), Block Two (2), Stubbs Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification R-1; Single Family Residential 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 Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden
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, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1931NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 3831 North Kickapoo from R-3, Multi-Family Residential District to C-3, Automotive and Commercial Recreation District for church with a snow cone stand. (Applicant: J. Clifton Briscoe for Living Word Church).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3831 North Kickapoo for use as a church with a snow cone stand.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests filed. There was one protest that had been received after the agenda packets were issued and it was handed out at the meeting.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Appearing before the Commission on behalf of the application was Reverend J. Clifton Briscoe. He advised that the church had purchased the former Steve D’s modular building for the intent to use as a snow cone stand to sell snow cones during the week to help underwrite the expenses for their outreach program in providing refreshments to the youth during Friday and Saturday nights.
Next appearing was Mr. Tom Sharp, 302 W. 37th, resident living near the church property, who commented that he did not have a problem with the church and its mission, but he did have a complaint about the loud music heard on Saturday nights from the activities held for the youth.
Mr. Kurt Kalies, audiologist, appeared before the Commission to inform that loud music could cause permanent damage to hearing and he recommended that the music could be monitored for the sound level and it was inexpensive to conduct the test.
Then Ms. Linda McMahan, 3901 N. Kickapoo #21, appeared before the Commission to comment that she had written the letter to the Commission expressing her concerns about the safety of children that would be crossing the busy Kickapoo Street to get to the snow cone stand. She noted that she did not have any problems with the church, but she did mention about the loud noise during the weekend nights.
There being no others to appear Mayor Harden declared the public hearing was closed.
The ordinance title was read into record.
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 at the northwest corner (NW/C) of the southwest quarter (SW/4) of Section Six (6), Township Ten North (10N), Range Four East (4E) of the Indian Meridian, Pottawatomie County, Oklahoma; thence East 660 feet; thence south 330 feet; thence west 660 feet; thence north 330 feet to the point of beginning; rezoning said property from zoning classification R-3; Multi-Family Residential 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 Roach, seconded by Commissioner Young, that the Title and Section 1 be approved.
Before calling for the vote a discussion ensued by the Commission.
Commissioners Gillham and Claybrook voiced concerns about rezoning the five acres as commercial in the middle of a residential area.
Upon receiving options suggested by the City’s Planning Consultant Bill Colclasure, the Commission asked Reverend Briscoe if he, as representative of the Church, would be willing to amend the legal description to reduce the size from the five acres to a 50 foot by 50 foot area for the snow cone stand.
Reverend Briscoe was in agreement with changing the lot size and then City Attorney John Canavan recommended to defer this item to the next meeting to allow staff to obtain the exact measurements for the lot.
Thereupon, the motion and second on the floor were amended to defer this item to the next City Commission meeting to allow staff to change the ordinance to reflect the new legal description to a 50 foot by 50 foot lot. Motion carried.
AYE: Roach, Young, Harden, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 510 North Tucker from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District to extend a used car lot. (Applicant: Ralph Armstrong).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 510 North Tucker to be used as a car lot.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared.
After due and careful consideration, Ordinance No. 1932NS was introduced and the title read aloud.
Ordinance No. 1932NS 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 Seven (7), and Eight (8), Sub-division of Block Sixteen (16), Richard and Mary’s 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 Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Roach
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, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1932NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider an ordinance establishing fees for obtaining a beer and wine license.
City Attorney John Canavan advised the Commission that the proposed ordinance would bring the city’s current fee schedule into compliance with State law. He noted that the State Statutes has created a separate category for strong beer and wine.
Ordinance No. 1933NS was introduced and the title read aloud.
Ordinance No. 1933NS entitled “An ordinance relating to municipal occupation tax for beer and wine sales; amending Section 4-4, Article 1, Chapter 4 of the Code of the City of Shawnee; establishing fees for obtaining a beer and wine license; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Roach, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1933NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider an ordinance amending the areas in the City where motor vehicles defined in Section 16-17 of the Code are prohibited from operation. (Deferred from 4/19/99 meeting)
Ordinance No. 1934NS was introduced and the title read aloud.
Ordinance No. 1934NS entitled “An ordinance relating to prohibiting the operation of motor-driven vehicles in certain areas in the city limits of the City of Shawnee; amending Section 16-17(a), Article 1, Chapter 16 of the Code of the City of Shawnee, Oklahoma; adding “any city property” to the list of areas that self-propelled, motor-driven vehicles described in this section are prohibited from driving upon; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Roach
NAY: None
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1934NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider an ordinance prohibiting the use of motor vehicles at the game refuge at Shawnee Lake Nos. 1 and 2.
Ordinance No. 1935NS was introduced and the title read aloud.
Ordinance No. 1935NS entitled “An ordinance relating to the use of motor driven vehicles at the game refuge on or around Shawnee Twin Lakes Nos. One (1) and Two (2); creating a new Section 13-76(c), Division 1, Article IV, of Chapter 13 of the Code of the City of Shawnee, Oklahoma; prohibiting the use of any motor vehicles on the game refuge without previous permission of the Lake Ranger; providing a penalty; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Commissioner Gillham, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Young, Gillham, Downing, Claybrook, Harden, Roach
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1935NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider an ordinance establishing the number and location of signs for residential sales, establishing fees and enforcement of the same.
Commissioner Roach clarified the purpose of the ordinance in which he stated it will allow up to three signs for a residential sale and mainly for uniformity in the display signs that will curtail trash and improve the appearance of the community.
Ordinance No. 1936NS was introduced and the title read aloud.
Ordinance No. 1936NS entitled “An ordinance relating to the signs, fees, and enforcement for residential sales; amending Sections 14-170 and 14-189; providing for three City approved signs for each residential sale, describing the location of the signs; establishing permit fees; creating new Section 14-172 of Chapter 14, of the Code of the City of Shawnee, Oklahoma; providing for police enforcement of the sign and permit code; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Vice
Mayor Downing, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Harden
NAY: Young
A motion was not made on the emergency clause to allow staff time to obtain and prepare for the changes.
Thereupon Mayor Harden declared Ordinance No. 1936NS duly passed and adopted to be effective thirty (30) days from this date.
AGENDA ITEM NO. 11: Consider a proposal from HUB+Garver to conduct a study on the water treatment plant.
Mr. James Cole, Public Works Director, explained about the proposal from HUB+Garver to conduct a study on the water system to assure adequate delivery of water in the future and to be in compliance with more stringent water quality standards. The proposal included a review of system storage to determine the size and location of additional storage.
Based on HUB+Garver’s past performance and current projects, Mr. Cole and City Engineer John Krywicki felt there was not a need to take proposals from consultants for this work and staff was recommending that a separate contract for this new work be approved. The study needs to begin as soon as possible in view of the Consent Order between the City and the Department of Environmental Quality (DEQ).
A motion was made by Commissioner Young, seconded by Commissioner Roach, to approve a contract with HUB+Garver to conduct a study on the Shawnee water treatment system to determine the best and most cost effective ways to assure continuous water quantity to meet future needs of the city. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Young
NAY: None
AGENDA ITEM NO. 12: Consider an application from AMVETS, Post No. 16, to relocate charity games from 111 North Kickapoo to 127 North Park.
The Commission reviewed in the agenda packet, the “Relocation Notification” form that had been submitted to the ABLE Commission from the AMVETS requesting permission to relocate their premises to 127 North Park.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to approve relocating the AMVETS, Post No. 16 charity games from 111 North Kickapoo to 127 North Park. Motion carried.
AYE: Downing, Gillham, Harden, Roach, Claybrook
NAY: Young
AGENDA ITEM NO. 13: Consider staying with Oklahoma State and Education Employee Group Health Insurance for fiscal year 1999-2000.
Mr. Allen Benelli, Personnel Director, informed the Commission that after reviewing the proposed rate increases for employee health insurance with the State Plan, the Insurance Committee requested informal quotes from local insurance agents.
Upon review of the plans, it was the Committee’s recommendation that the State Plan still offered the best options and costs for the employees and recommended to remain with the State.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve the Insurance Committee’s recommendation for the City to stay with the Oklahoma State and Education Employee Group
Health Insurance Plan for fiscal year 1999-2000. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 14: Consider CDBG loan for the Aldridge Hotel.
Mr. Bill Colclasure, Planning Consultant, updated the Commission on the Aldridge Hotel acquisition by Metro Plains Development, LLC and Action, Inc., as a partnership, to redevelop it into a 71-unit low income housing.
Mr. Colclasure advised that city staff met with the partnership in response to its request for obtaining various funding for the redevelopment of the Aldridge.
In the agenda packet was a letter of support by the City of Shawnee which would be sent to Mr. John Errigo, of Metro Plains in St. Paul, Minnesota.
The letter stated that the City of Shawnee was in support of participating in the redevelopment project by committing $150,000 through the CDBG funds on a loan program of three (3%) percent. Continuing its commitment, the City of Shawnee would also offer to assist in a 108 loan application through the Department of Housing and Urban Development (HUD) based on a business plan to be presented to the Shawnee Urban Renewal Authority.
Mr. Colclasure explained that the City has a lending capacity of one million dollars. He emphasized that the business plan would be submitted the HUD for determination if it meets the national objectives of the loan program and that he was requesting the concurrence of the City Commission.
The Commission had concerns regarding the risks involved should the project default, but was in favor of the housing for the community.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve committing $150,000 of the CDBG funds on a loan program of three (3%) percent toward the redevelopment of the Aldridge Hotel and other necessary loan assistance based upon a business plan being presented to the Shawnee Urban Renewal Authority from Metro Plain Development, LLC and Action, Inc. partnership. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 15: Consider bids for roof replacement for the water treatment plant (open).
The following bids were opened read aloud and found to be as follows:
BIDDER AMOUNT
C & L Enterprises, Inc. $13,037.00
Crawford Roofing Company $15,950.00
Public Works Director James Cole advised the Commission that C&L Enterprises had performed work for the City on the swimming pool building in Woodland Park and had done a good job. It was staff’s recommendation to accept C & L Enterprises’ bid.
A motion was made by Commissioner Gillham, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for polyurethane foam and elastomeric roof coating system for the Water Treatment Plant to C & L Enterprises, Inc., Lindsay, Oklahoma, in the amount of $13,037.00 as the lowest and best bid. Motion carried.
AYE: Gillham, Young, Harden, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
There were no Citizens Participation.
AGENDA ITEM NO. 17: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 18: New Business.
There was no New Business.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the meeting be adjourned. Motion carried. (9:00 p.m.)
AYE: Downing, Gillham, Young, Harden, Roach, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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