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, October 7, 2002 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 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 Jimmy Don Gibson
Calvary Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item No. 9.
b. Minutes of September 16, 2002 meeting
c. Budget Amendments in Capital Improvement Fund and 2002 CDBG Entitlement Fund
d. Acknowledge the following report and minutes:
* Warrant Officer report for the month of September 2002
* Civic and Cultural Development Authority minutes from
the August 15, 2002 meeting
* Shawnee Urban Renewal Authority minutes from the September 4, 2002 meeting
* Shawnee Public Library Board minutes from the April 23, 2002 and July 9, 2002 meetings
e. Lakesite Leases:
Transfer:
Lot 9, Renfro Tract
To: Steven & Jamie Leader From: Carey Burt
P.O. Box 1684 309 N. Pesotum
Shawnee, OK 74802 Shawnee, OK 74801
Renewals:
Lot 6C, North School Tract Lot 19, Johnston Tract
Ronald K. Weaver John A. Barrett, Jr.
133 Ingram Road 1210 Gordon Cooper Dr.
Shawnee, OK 74801 Shawnee, OK 74801
Lot 8, Magnino A Tract
Roberta Duy
P.O. Box 3030
Shawnee, OK 74801
f. Acknowledge letter to Hank Land from Trooper Troy L. Thompson expressing appreciation for the assistance of police officers and dispatchers regarding high-speed pursuit which resulted in a fatality accident.
g. Acknowledge letter to Hank Land from Bill G. Cornwell of Waco, Texas expressing appreciation for the assistance provided by Officer Kenneth Henderson regarding a stranded motorist.
h. Approve Mixed Beverage Application for Austin Brothers Restaurants LLC, d/b/a DoubleDave’s Pizzaworks located at 4409 N. Kickapoo, Suite 101.
i. Authorize staff to advertise for bids for the North Harrison Water Line and Sewer Line Relocation Project.
j. Acknowledge gift from Nikaho, Japan. (Carved wooden Akita dog)
k. Acknowledge Order for Payment of Medical Expenses for Jeffrey A. Rodgers from Workers Compensation Court.
l. Acknowledge annual audit of Pioneer Library for fiscal year ending June, 2002.
m. Mayor’s Appointments:
Zoning Board of Adjustment
Appoint Teresa Cody to replace Linda Peterson to a term to expire 6/1/04
Appoint Paul Bass to replace Bill McClure to a term to expire 6/1/04
Reappoint Ron Gillham to a 3-year term to expire 6/1/05
Citizens Advisory Board
Appoint Anthony Stravlo as Youth Representative
Planning Commission
Reappoint Mary Atwood to a 3-year term to expire 6/1/05
Reappoint Pam Stephens to a 3-year term to expire 6/1/05
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that Agenda Item No. 1 (a-m), inclusive, be approved as presented. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“Breast Cancer Awareness Month”
October, 2002
(accepted by Clarice Brock, City Clerk’s Office)
Mayor Harden presented Vice Mayor Robert Downing a certificate designated as “Certified Municipal Officer” in fulfillment of the requirements from the Oklahoma Municipal League.
AGENDA ITEM NO. 3: Presentation by Oklahoma Department of Transportation and consider action regarding urbanized boundary modification.
Mr. Jay Adams, Division of Research with the Oklahoma Department of Transportation (ODOT), made a presentation explaining the ODOT requirements to modify the urbanized boundary for all communities every ten years to accommodate for growth areas.
He reported that the Census Bureau modified their definition of an urbanized boundary from the municipal boundaries and the new definition depicts areas with densities greater than 1,000 population per square mile.
Mr. Adams stated that the benefits would be for long-range transportation information that would identify high priority routes and how those routes function effectively.
The boundaries are allowed to be rounded to the section line to simplify the descriptions. The urban area also includes the City of Tecumseh. A map was provided for the Commission to review.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the proposed 2000 Census Urbanized Area modification. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 4: Public hearing and consider an ordinance prohibiting billboards and non-accessory signs within the city limits of Shawnee.
Mayor Harden declared a public hearing in session to consider an ordinance prohibiting billboards and non-accessory signs within the city limits of Shawnee.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the ordinance according to the title below:
“An ordinance relating to the prohibition of billboards and non-accessory type signs in the city limits of the City of Shawnee, Oklahoma; amending Section 3-216 , Division 4, Article III, of Chapter 3, of the Code of the City of Shawnee; allowing existing billboards and non conforming signs; providing for severability and declaring an emergency.”
Appearing before the Commission in protest was Mr. Ben Kirk and Ms. Nancy Dennis, representatives of Intervest Development, owned by Warren Thomas.
They commented that they would be opposed to the ordinance if it included their proposed digital message sign.
Mr. Kirk explained that as owners of the Shawnee Mission Plaza property, they would utilize the message sign to advertise their properties and advertise for others. He said that the sign would be an attractive sign intended to attract interstate traffic.
City Manager Terry Powell advised that he had visited with Mr. Thomas, and Mr. Thomas indicated that the sign would be expensive and that he would like an alternate ordinance to allow digital message signs.
Also appearing was Mr. Ron Hawkins, who services billboards, had questions about the sign requirements.
There being no others to appear, the public hearing was closed and the mayor called upon city staff to give a report.
Community Development Director Mike Southard reported that two public hearings had been held regarding the signs and also a moratorium was placed on new signs since July 2001.
He provided a map showing around 150 signs throughout the city. The Beautification Committee had unanimously approved the proposed ordinance prohibiting billboards and off-premise signs within the city.
He explained that existing signs are considered non-conforming structures and they would be treated in accordance with city codes. The recommendation is to minimize the visual clutter on the city streets and further the city’s efforts to enhance the community’s visual image.
In discussion, Commission Weaver suggested that Intervest Development be given the opportunity to show examples of the digital message sign to staff in order to accommodate that type of sign.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to defer considering the ordinance regarding billboards and off-premise signs to the next meeting. Motion carried.
AYE: Downing, Weaver, Peterson, Pettyjohn, Harrod, Harden
NAY: Claybrook
AGENDA ITEM NO. 5: Consider the appointment of Terry Compton as Treasurer for the City of Shawnee.
City Manager Terry Powell recommended that Mr. Terry Compton, Finance Director, be appointed City Treasurer to fulfill the financial and fiscal duties of the city.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that Terry Compton be appointed Treasurer for the City of Shawnee. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 6: Consider authorizing the City Attorney to acquire easements necessary for the construction of the Kickapoo 24” Water Line Project, either by purchase, negotiation or condemnation.
City Engineer John Krywicki reported that the 24” water line project on Kickapoo Street from the Kickapoo Spur to Burns Street required easements along the east side from six property owners, in which three had already signed letters of legal entry.
He informed that the appraisals on the parcels would be available by the end of the week and then the city would be making offers. Also to expedite the process in case any of the owners refuse to grant an easement, he requested that the city attorney be authorized to negotiate with the owners.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to authorize the City Attorney to acquire easements necessary for the construction of the Kickapoo 24” Water Line Project, either by purchase, negotiation or condemnation. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider allowing developer of Bell Brook Addition located at Wolverine and Bryan Roads to connect to city sewer (continued from 9/16/02 meeting)
Community Development Director Mike Southard gave the staff report on the consideration of allowing developer of Bell Brook Addition to connect to city sewer as deferred from the September 16th meeting, in order to allow staff more time to research.
Mr. Southard presented a report that listed the pros and cons with the cons outweighing the pros.
Some of the reasons given for not approving the sewer connection included difficulty of enforcement of payment since customers would not be on city water; city would inherit any substandard utilities and roads if and when annexation occurred; city must maintain infrastructure, and city does not have a policy to establish impact fees for sewer or waste inside or outside city limits.
Mr. Southard remarked that this was a unique situation and it was difficult to recommend the request since it was not favorable for the City today, but could be in the future.
Mr. Southard reminded that the existing sewer line was located within 200 feet of the proposed addition.
After the report, Mr. Kermit Milburn, former City Commissioner and attorney representing the developer, made a final plea to the Commission addressing the issues brought up by city staff.
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to deny the request of the developer of Bell Brook Addition located at Wolverine and Bryan Roads to connect to city sewer. Motion carried.
AYE: Claybrook, Peterson, Downing, Pettyjohn, Harrod, Harden
NAY: Weaver
AGENDA ITEM NO. 8: Presentation by staff concerning Geographic Information System.
Community Development Director Mike Southard and Systems Administrator Steve Nolen gave a power-point presentation on implementation of the Geographic Information System (GIS) that would be utilized by all city departments and ultimately the entire community.
They indicated that the GIS could be used by every city department that utilizes geographic data from zoning and engineering to emergency management and finance.
City Manager Terry Powell summarized that use of the GIS had began several years ago and it offered many practical uses such as identifying waterlines and he encouraged continuance of the system.
Since this was a update by staff, no action was required by the Commission.
AGENDA ITEM NO. 9: Consider Bids for Pan and Tilt Solid State Color Camera (open)
The following bids were received and read into record.
BIDDER AMOUNT
Cues, Inc.
Orlando, FL $15,900.00
Frontier Equipment Sales, LLC
Yukon, OK $14,354.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the bids for the Pan and Tilt Solid State Color Camera be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 10: 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 to be considered.
AGENDA ITEM NO. 11: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 12: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 13: Commissioners’ Comments.
There were no Commissioners’ Comments.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (9:05 p.m.)
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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