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, November 2, 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
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 James Cole
Public Works Director
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 October 19, 1998 meeting
c. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of September 17, 1998 meeting
* Shawnee Urban Renewal Authority minutes of September 22, 1998 meeting
* Planning Commission minutes of October 7, 1998 meeting
d. Acknowledge letter of appreciation to the Mayor and City of Shawnee from the Family Motor Coach Association Six-State Rally.
e. Acknowledge gifts from Shawnee’s sister city, the Town of Nikaho, Japan. (Fan and a curtain type material called Noren)
f. Authorize staff to advertise for bids on lighting for the softball field at Lilac Park.
g. Lakesite Lease Transfer
Lot 3, Seck Tract
Fr: Shawn Lee Kelly To: Harley & Dolores King
39 Post Office Neck Rd. 202 Rainbow Dr #12152
Shawnee, OK Livingston, TX
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-g), inclusive, be
“Oklahoma Heritage Week”
November 15-21, 1998
(accepted by Bertha Ann Young)
“American Education Week”
November 15-21, 1998
(accepted by Jean Smith and Pauline Young)
“Oklahoma Retired Educators Day”
November 18, 1998
(accepted by Jean Smith and Pauline Young)
“National Bible Week”
November 22-29, 1998
(accepted by Carl Young)
“National Hospice Month”
November 1998
(accepted by Pam Hammond, Registered Nurse, Director, Home Health and Hospice of Shawnee)
“National Home Health Month”
November 1998
(accepted by Pam Hammond, Registered Nurse, Director, Home Health and Hospice of Shawnee)
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented certificates of award and $25.00 gift certificates to the Shawnee Fire Department Clowns as the October “Employees of the Month.” Their names are as follows: Jimmy Gibson, David Dean, David Anderson, Charles Wolfe, Mike Adams, Jimmy Ogle, Todd Luster, and Tony Adams.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to vacate a portion of the north/south alley of Oklahoma Street and Minnesota Street. (Applicant: Hiram L. Ryan).
Mayor Harden declared a public hearing in session to consider an ordinance to vacate a portion of the north/south alley of Oklahoma Street and Minnesota Street.
It was 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 of or in protest of said application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1902NS was introduced and the title read aloud.
Ordinance vacating a portion of the North/South alley in Lots Eleven (11) through Seventeen (17) and Lots Nine (9) and Ten (10), Block Nineteen (19), Seminole 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 Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
A motion was made by Commissioner Winrow, seconded by Commissioner Roach, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Winrow, Roach, Downing, Gillham, Young, Harden
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1902NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance for a conditional use permit on property located at 111 North Kickapoo from C-4, Downtown Commercial District to C-4P, Commercial District with a conditional use permit to sell beer on premises. (Applicant: Garth Nixon for AMVETS) (Planning Commission continued to the 11/4/98 meeting).
City Manager Terry Powell noted that the Planning Commission and staff had recommended to continue this item to their November 4, 1998 Planning Commission meeting and the City Commission do the same since more information was needed to made a decision.
At this time, a motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to continue this item to the November 16, 1998 City Commission meeting. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 6: Consider a short form subdivision on property located at 4734 North Kickapoo. (Dixie Restaurant, Inc.).
A motion was made by Commissioner Young, seconded by Commissioner Gillham, to approve the short form subdivision on property located at 4734 North Kickapoo (Dixie Restaurant, Inc.). Motion carried.
AYE: Young, Gillham, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 7: Consider a final plat of the Bridges I & II Subdivision located at the southeast corner of North Bryan and East Independence. (Applicant: Highlands LLC).
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve the final plat of the Bridges I & II Subdivision located at the southeast corner of North Bryan and East Independence as submitted by the applicant, Highlands LLC. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 8: Public hearing and consider an ordinance relating to the payment of costs for filing of an appeal of a ruling of the City of Shawnee Board of Adjustment.
Mayor Harden declared a public hearing in session to consider an ordinance relating to the payment of costs for filing of an appeal of a ruling of the City of Shawnee Board of Adjustment.
It was 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 of or in protest of said application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1903NS was introduced and the title read aloud.
Ordinance No. 1903NS entitled “An ordinance relating to the payment of costs for the filing of an appeal of a ruling of the City of Shawnee Board of Adjustment; amending Article XIII, Section 1301.12(c) to provide for appealing party to pay court costs at the time of the filing of the appeal with the Court Clerk of Pottawatomie County; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
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, Winrow, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1903NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider a request from The Pottawatomie County Historical Society for a professional inspection of the Beard Cabin in Woodland Park and the Santa Fe Museum for damages from the storm on October 4, 1998.
The Pottawatomie County Historical Society requested a professional inspection of the Beard Cabin in Woodland Park and the Santa Fe Museum for damages received from the storm on October 4, 1998.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to defer this item to the next City Commission meeting and the City Manager will have cost estimates for moving the cabin at that time. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 10: Consider recommendations from the Insurance Committee on the bids for property insurance for the City of Shawnee. (Continued from 10/19/98 meeting).
A motion was made by Commissioner Roach, seconded by Commissioner Winrow, to defer this item to the next City Commission meeting to allow time to get quotes for the property insurance premiums. Motion carried.
AYE: Roach, Winrow, Downing, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 11: Consider Pottawatomie County Development Authority rules and regulations governing recreational activities on Wes Watkins Reservoir. (Deferred from 10/19/98 meeting).
City Manager Terry Powell stated that the rules and regulations governing recreational activities on Wes Watkins Reservoir were forwarded to the City Commission for discussion and their recommendations would be made to the Pottawatomie County Development Authority (PCDA).
It was the consensus of the Commission that the access fees were high and that personal watercraft should be allowed with a maximum speed limit of 45 mph.
Public Works Director James Cole presented statistics regarding accidents and deaths where personal watercrafts were in use.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to forward the recommendations to the PCDA Board, but was withdrawn.
Next, a motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve the Wes Watkins Reservoir rules and regulations excluding the access fees, prohibiting personal watercraft, and speed limits. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow, Roach
NAY: None
Next, a motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to recommend to the PCDA to decrease the daily and annual entrance fees by 50%. Motion carried.
AYE: Downing, Gillham, Young, Claybrook
NAY: Harden, Winrow, Roach
AGENDA ITEM NO. 12: Consider authorizing staff to advertise for bids on the Wallace Street Paving Project from Pesotum to Draper.
A discussion ensued wherein Commissioner Claybrook stated that he was opposed to spending $120,000 on a street that dead ends and has very little traffic. He noted that Wallace Street was not a feeder street in Shawnee and about one-third of the street had already been overlayed so why not overlay the rest.
City Engineer John Krywicki advised that Wallace Street had been included in the Street Improvement Plan several years ago, but the work had been postponed because old water lines had to be replaced. He noted Wallace Street had base failure and cracks which would not hold up more than two or three years with only an overlay.
It was also noted that drainage was a big problem on the street and there have been several water line breaks in the past two years.
After considerable discussion, a motion was made by Commissioner Young, seconded by Commissioner Winrow, to authorize staff to advertise for bids on the Wallace Street Paving Project from Pesotum to Draper. Motion carried.
AYE: Young, Winrow, Downing, Harden
NAY: Roach, Claybrook, Gillham
AGENDA ITEM NO. 13: Consider bids on the Sanitary Sewer Rehabilitation Project (open).
The following bids were opened, read aloud and found to be as follows:
BIDDER AMOUNT
Base Alt. #1 Alt. #2
Heller Co. Inc. $609,050 $266,900 $484,800
Jordan Contractor’s Inc. $265,795 $ 85,300 $120,400
Midsouth Trenchless, Inc. $374,483.75 $191,075 $227,700
Ram Engineering & Const. Inc. $424,190 $154,435 $176,580
T-G Excavating, Inc. $381,111 $146,500 $172,600
Urban Contractors, Inc. $423,250 $ 70,000 $ 99,000
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to defer the bids received on the Sanitary Sewer Rehabilitation Project to staff for analysis and report back at the next meeting. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 14: Citizens Participation (A five minute limit per person). (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Paul Mehegan owner of Noah’s Arc Petting Zoo, appeared before the Commission requesting the City to allow his petting zoo at his residence on Leo Street.
Planning Director Bill Colclasure informed the Commission that the Zoning Code allows for a public zoo but not a private one such as Mr. Mehegan’s case.
Commissioner Roach commented that if Mr. Mehegan was willing to change the name to a “petting farm” it would be allowed under the current Zoning Code. Mr. Mehegan informed the Commission that he preferred the name “zoo” because it appeals to children.
Commissioner Gillham suggested the Zoning Code be amended to allow for a Conditional Use Permit in the A-1, Agricultural District, which would allow more control for the City and also alleviate Mr. Mehegan’s problem.
Mr. Mark Sehorn appeared before the Commission at this time to speak about the Wes Watkins Reservoir and determine what role the City has in the Reservoir.
City Manager Terry Powell advised that he was on the Pottawatomie County Development Authority (PCDA) Board, and was the City’s spokesperson for the Board.
Mr. Sehorn was advised to address his questions and concerns to the PCDA Board.
AGENDA ITEM NO. 15: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 16: New Business.
Under New Business, Commissioner Claybrook inquired about the status of the Norwood Building on Broadway Street damaged in the recent storm.
Mayor Harden noted several merchants were having a hardship due to the streets being blocked and closed leading to their businesses.
It was noted that the owner of the Norwood did not have insurance on the building and an estimate of approximately $94,000 in damage was sustained.
City Manager Powell advised that FEMA had been contacted for assistance.
Next, Commissioner Claybrook noted he would like for the Commission to adopt a resolution in support of the Shawnee School Bond Election scheduled for December 8, 1998.
Commissioner Gillham inquired if it would be practical to do curb and guttering on the corner of Ford Street, just west of Kickapoo Street, since it is so visible from a main street.
City Engineer John Krywicki advised that he would research the cost.
Commissioner Roach inquired about the status on the appointment of a lake committee for the Shawnee Lake.
The Mayor advised appointments would probably be made at the next City Commission meeting.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:24 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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