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, September 16, 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 Michael McCauley
NW Freewill Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of September 3, 2002 meeting
b. Transfer of Appropriations in Capital Improvement Fund
c. Acknowledge the following reports and minutes:
* Sales Tax Report through September, 2002
* Utility Division Report for the month of August, 2002
* Building Inspector Report for the month of August, 2002
* City Clerk report for the month of August, 2002
* Warrant Officer report from the month of August, 2002
* Shawnee Community Center report for the month of August, 2002
* Shawnee Beautification Committee minutes from the August 5, 2002 meeting
* Traffic and Transportation Commission minutes from the June 25, 2002 meeting
* Planning Commission minutes from the August 7, 2002 meeting
* Sister Cities Council minutes from the August 13, 2002 meeting
* Shawnee Urban Renewal Authority minutes from the August 20, 2002 meeting
* Airport Advisory Board minutes from the August 16, 2002 meeting
d. Authorize staff to advertise for bids for salt spreaders and snow plow.
e. Authorize staff to advertise for bids for pan and tilt camera for improved video inspection of wastewater collection system.
f. Authorize staff to advertise for bids for YMCA Parking Lot Improvement Project.
g. Approve order from Workers’ Compensation Court awarding Craig Sutton the sum of $9,506.04.
h. Approve disability retirement pension for Robert Budka.
i. Acknowledge correspondence from Norio Tomoe, Mayor of Nikaho, Japan to Mayor Chris Harden.
j. Recommendations from the Traffic and Transportation Commission from August 27, 2002 meeting:
1) Consider request from Ms. Linda McCaul, 937 N. Union, to install traffic light at the intersection of Independence Street and Union Street.
Recommendation: To deny request.
2) Consider request from Mr. Kenneth Moss, 1301 Castle Creek, to install a speed limit sign along Northridge for traffic traveling from MacArthur Street to 39th Street.
Recommendation: To approve request and install a 30 m.p.h. speed limit sign on MacArthur Street to 39th Street and install a 30 m.p.h. speed limit sign on 39th Street.
3) Consider request from Mr. Tom May, 33812 Lake Road, to install a 3-way stop sign on Pecan Grove Road and McLoud Road.
Recommendation: To deny request. It is the County’s responsibility to install stop sign.
4) Consider request from Mr. Stan Kroeling, 1603 E. Walnut, to install a “No Parking” sign at the intersection of 7th Street and Walnut Street.
Recommendation: Board requested a petition survey be completed of all residents with results at next Traffic & Transportation meeting.
Before approving the Consent Agenda, City Manager Terry Powell noted that item j(2) regarding the Traffic and Transportation Commission recommendation should be corrected to read:
“Recommendation: To approve request and install a 30 m.p.h. speed limit sign on Northridge Street from MacArthur Street to 39th Street and install a 30 m.p.h. speed limit sign between Northridge and Harrison Street.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that Agenda Item No. 1 (a-j), be approved with noted correction. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“Fall Cleanup Month”
October, 2002
(accepted by Tom Terry, Beautification Committee)
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Robert Rimer, Operations Superintendent, as the September employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
Mr. Rimer was recognized as being instrumental in producing the annual Red, White, and Blue 4th of July Celebration for the city by obtaining grants and contributions from local industries and businesses to provide a free concert by well-known artists for the past six years.
AGENDA ITEM NO. 4: Presentation by Garver Engineers concerning ozonation system.
Public Works Director James Cole and Mr. Kirby Rowland of Garver Engineers, had a power point presentation on the ozonation system as the system recommended to put in place for wastewater treatment improvements Phase II as disinfection of the water supply.
It was explained that it was an order of the Department of Environmental Quality (DEQ) that the City comply with this order to be completed by the year 2004.
Mr. Rollen first gave an overview of the pilot plant study and recommended the ozonation process.
The power point showed how the ozonation system worked and Mr. Cole handed out a cost estimate page for the Commission to review estimating the cost of equipment to be $1,022,000. Other costs included a reactor basin and a site to house the system costing about $1.8 million.
Although the costs were approximately $330,000 over budget, City Manager Terry Powell reassured the Commission that the funding was provided by the city’s sales tax allocated in the city’s improvement plan.
After discussion, the Commission took action under the next item.
AGENDA ITEM NO. 5: Consider authorizing staff to advertise for bids for ozonation equipment for Phase 2 of the Water Treatment Plant Improvements.
A motion was made by Commissioner Peterson, seconded by Commissioner Harrod, to authorize staff to advertise for bids for ozonation equipment for Phase 2 of the Water Treatment Plant Improvements. Motion carried.
AYE: Peterson, Harrod, Harden, Weaver, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 34001 Belcher Road from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit to allow mobile home on property. (Applicant: Rusti Inlow)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 34001 Belcher Road with Conditional Use Permit to allow mobile home on property.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2069NS was introduced and the title read aloud.
Ordinance No. 2069NS 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 described as beginning at a point 456.97 feet S00°52’12”E of the Northwest Corner of the Northwest Quarter (NW/4) of Section 13, Township 10 North, Range 2 East; thence S77°22’12”E for a distance of 434.10 feet; thence Southeasterly on a curve to the right having a radius of 676.20 feet for a distance of 667.40 feet; thence S20°49’13”E for a distance of 509.10 feet; thence Southeasterly on a curve to the left having a radius of 994.93 feet a distance of 139.64 feet; thence S89°13’34”W for a distance of 537.76 feet; thence N00°52’12W for a distance of 48.40 feet; thence N89°13’34”E for a distance of 16.26 feet; thence N00°52’12”W for a distance of 357.78 feet; thence S89°13’34”W for a distance of 608.76 feet; thence N00°52’12”W for a distance of 726.10 feet to the point of beginning in the City of Shawnee, Pottawatomie County, Oklahoma; rezoning said property from A-1, Agricultural District to A-1P, Agricultural District with Conditional Use permit, amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2069NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 4409 N. Kickapoo, Suite 101, from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow the sale of beer and alcoholic beverages for on-premise consumption. (Applicant: Austin Brothers Restaurant LLC, d/b/a DoubleDave's Pizzaworks)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 4409 North Kickapoo, Suite 101, with Conditional Use Permit to allow the sale of beer on the property.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2070NS was introduced and the title read aloud.
Ordinance No. 2070NS entitled “An ordinance concerning the zoning classification of the following described located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: A tract of land being described as beginning at the Northwest Corner of Section 6, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence East 420 feet; thence South 333 feet; thence West 420 feet; thence North 333 feet to the point of beginning, Pottawatomie County, Oklahoma; rezoning said property from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2070NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 209 S. Philadelphia from R-2; Two Family Residential District to R-3; Multi-Family Residential District for use as an apartment building. (Applicant: James T. Stuart on behalf of EGL Management, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 209 South Philadelphia for use as an apartment building.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2071NS was introduced and the title read aloud.
Ordinance No. 2071NS 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 being described as beginning at the Northwest Corner of Section 6, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence East 420 feet; thence South 333 feet; thence West 420 feet; thence North 333 feet to the point of beginning, Pottawatomie County, Oklahoma; rezoning said property from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2071NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider the appeal by Joseph E. McKimmey on behalf of Eldos Ruzehaji of the Administrative Hearing Officer’s decision to condemn properties located at 328 N. Philadelphia and 214 E. 11th.
Community Development Director Mike Southard gave the staff report and recommended that the property owner be given 30 days to obtain a remodel permit and 90 days to complete the work on the two properties in question.
Mr. Joseph E. McKimmey, attorney, and Mr. Eldos Ruzehaji, owner, were present to address questions from the Commission.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to grant the property owner at 328 North Philadelphia and 214 East 11th 30 days to obtain a remodel permit, secure the building, and allow 90 days to complete the work. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Consider authorizing staff to negotiate contract with Wilbur Smith Associates for the Comprehensive Plan.
Community Development Director Mike Southard reported that the selection committee had interviewed three firms and they unanimously selected Wilbur Smith Associates of Houston, Texas, as consultants in updating the Comprehensive Plan.
He emphasized that this firm has a well-qualified Geographic Information System (GIS) division that could assist in developing the city’s system.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to authorize staff to negotiate a contract with Wilbur Smith Associates as the consulting firm to assist in updating the Comprehensive Plan and that the contract come before the Commission. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 11: Consider request of Joseph W. Martin to waive public nuisance taxes on property located at 535 N. Douglas.
The Commission discussed the request from Joseph W. Martin to waive public nuisance taxes on property located at 535 N. Douglas in the amount of $774.
As in prior discussions regarding waiving public nuisance taxes, there are only certain conditions that the city can waive liens, and the Commission agreed that further research and implementation of policies should be done before considering waiving public nuisance liens.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to deny waiver of the public nuisance taxes on property located at 535 North Douglas until a policy has been established. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Reconsider previous vote of September 3, 2002 authorizing the city attorney to contract for purchase of land on Wayne Street.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to reconsider the previous vote of September 3, 2002, authorizing the city attorney to contract for purchase of land on Wayne Street. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 13: Consider all options in relation to the purchase of Wayne Street property.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to rescind the vote from the last meeting authorizing the city attorney to contract for purchase of land on Wayne Street and wait until the Parks Master Plan has been completed and in hand of the City Commission. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 14: Consider changes to ordinance regarding Shawnee Lakes No. 1 and No. 2.
Police Chief Hank Land advised he had received a request from a citizen wanting to allow swimming from the middle of Lake No. 1 and Police Chief Land recommended not allow this request due to safety reasons.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept Police Chief Land’s recommendation to deny the request to change the ordinances regarding swimming on Shawnee Lakes No. 1 and No. 2. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 15: Consider allowing developer of Bell Brook Addition located at Wolverine and Bryan Roads to connect to city sewer.
Mr. Kermit Milburn, attorney, appeared on behalf of the developer of Bell Brook Addition located at Wolverine and Bryan roads, requesting to connect to the city’s sewer system which could benefit individual homeowners in reducing the cost of installing septic systems.
He assured the Commission that there would not be any cost to the City for installation of the sewer lines.
Mr. Milburn, along with Mr. Ken Tickner, USDA rural home developer, spoke to the Commission about the growth and benefits that this Addition, approximately 96 lots, and eventually could be annexed.
It was noted that the Addition is approximately three quarters of one mile outside the city limits, but is adjacent to the Wolverine Interceptor.
The city staff gave their reports on the issue, and Public Works Director James Cole reported that from an environmental standpoint, it would be beneficial to have everyone on a central sewer system, but there are several hundred residents in the East Main area of the city that are not on the city’s sewer system.
He also had concerns about rate charges for outside customers since the city residents pay a sewer fee based on a three-month averaged water consumption.
City Manager Terry Powell also voiced concerns about the sewer system as a costly capital investment and he could not see any real advantages for the City at this point.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to defer allowing Bell Brook Addition to connect to city sewer until the next meeting to allow staff time to research the costs, obtain documentation, and provide proposed rate charges. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 16: Consider recommendations from Community Service Contracts Review Committee from September 9, 2002 meeting:
a. Consider action regarding Shawnee Community Center and Municipal Auditorium contract.
Recommendation: To continue to pay contract at the previous yearly rate for an additional three months during which time the contract will be amended to the satisfaction of the city for liability and accountability.
b. Consider Summer Youth Program for 2003
Recommendation: To defer action on this item until the committee meets again in late November or early December, 2002
Mayor Harden, Chairman of the Community Service Contracts Review Committee, reported that COCAA was given another 3-month extension on their contract and that the Committee had requested that COCAA submit a projected budget for fiscal year 2003; and also for COCAA to improve on the accounting of where the city funds are being utilized.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to accept the Community Service Contracts Review Committee’s recommendations and require that an audit be conducted after the fiscal year and if COCAA could not afford an auditor then the City would hire an auditor to conduct the audit. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 17: 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. 18: Administrative Reports.
There were no Administrative Reports presented.
AGENDA ITEM NO. 19: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participations.
AGENDA ITEM NO. 20: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Harrod requested the city attorney to research the school land by the Shawnee Mall for a regional park.
Commissioner Pettyjohn requested an update regarding a citizen’s letter about the city’s transportation system; and staff assured that they were following-up on the matter.
He also commented about the newly erected statues in Woodland Park, the American Bald Eagle and the Statue of Liberty, and he complimented Ann Davis for her efforts.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:47 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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