Date: 11/17/2003Board: City CommissionDocumentType: MinutesWeb Posted: 12/2/2003 11:48:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

NOVEMBER 17, 2003 AT 7:00 P. M.

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 17, 2003 at 7:00 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 Mike McCauley
Northwest Freewill 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. 16.

b. Minutes of the November 3, 2003 meeting.

c. Budget amendments in 2003 CDBG Entitlement Grant Fund and 2002 Home Grant Fund.

d. Acknowledge the following reports and minutes:

* Sales Tax Report through November, 2003

* Utility Division Report for the month of October, 2003

* City Clerk report for the month of October, 2003

* Warrant Officer activity report for the month of October, 2003.

* Shawnee Community Center report for the month of October, 2003.

* Shawnee Urban Renewal Authority minutes from the October 21, 2003 meeting.

* Shawnee Beautification Committee minutes from the September 2, 2003 meeting.

* Traffic and Transportation Commission minutes from the September 23, 2003 meeting.

* Planning Commission minutes from the October 15, 2003 meeting.

* Airport Advisory Board minutes from the September 10, 2003 meeting.

e. Acknowledge Workers Compensation settlement for Brian Abbott.

f. Approve out-of-state travel for three public works employees to attend operation and maintenance training of Cedar Rapids pavers in Cedar Rapids, Iowa, January 27-30, 2004.

g. Approve out-of-state travel for Mike Southard to attend American Planning Association’s National Conference in Washington, D.C., April 24-28, 2004.

h. Acknowledge Permit No. WL000063031076 for the construction of 323’ of 6” water line and Permit No. SL000063031077 for the construction of 690’ of 8” sewer lines for the Orchard Subdivision from the Oklahoma Department of Environmental Quality

i. Acknowledge the donation of properties to Shawnee Urban Renewal Authority from Pottawatomie County and the release of public nuisance liens on said properties:

1) 519 S. Pottenger (Lien amount $856.28)
2) 1320 E. Faye (Lien amount $1,130.62)
3) 732 N. Union (Lien amount $439.48)
4) 637 N. Louisa (Lien amount $1,579.54)

j. Recommendations from the Traffic and Transportation Commission from the October 28, 2003 meeting:

1) Request from Phyllis Rigney, 801 W. Penny, to install “Children at Play” signs.

Recommendation: To deny request.

2) Request from Scott Harper, 314 W. Hayes, to install “Children at Play” signs at 315 W. Hayes near the Washington School playground area.

Recommendation: Approve request for a playground advisory sign and a 25 mph speed advisory sign.

3) Request from Scott Harper, 314 W. Hayes, to install speed limit signs at 300 W. Hayes.

Recommendation: To deny request.

4) Consider request from Jess Partridge, University Baptist Church, 2515 N. Kickapoo, to install no parking sign from corner of Kickapoo Street and Chicago Street one-half distance of block east during business hours.

Recommendation: To approve request to install a “No Parking” sign on Chicago Street from Kickapoo Street to the alley mid-block east on the north side of the street.

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that Agenda Item No. 1 (a-j), inclusive, be approved as presented. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamation.

“American Education Week”
November 16 – 22, 2003
(accepted by Sakes Tucker, SPS Teacher and Lavonne Davis, Support Staff)

Mr. Tom Terry was acknowledged with an Individual Achievement Award in Beautification and Landscaping from Keep Oklahoma Beautiful.
AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month.

On behalf of City Manager Terry Powell, Public Works Director James Cole, presented a plaque and gift certificate to Calvin Wilson, Line Maintenance Division, as the November employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
Mr. Wilson was present to accept.

AGENDA ITEM NO. 4: Discussion and consideration of property insurance for the City of Shawnee.

Mayor Harden invited two insurance agency representatives to give brief presentations regarding property insurance coverage for informational purposes to the Commission.
The mayor acknowledged that in the past the automobile and health insurance coverages had been placed for bid by the Commission, but the property insurance had not, and she wanted the Commission to be aware should they want to bid this coverage.
Mr. J.V. Larabee and Ms. Judy Bierman of the Oklahoma Municipal Assurance Group (OMAG) and Mrs. Peggy Ford of the Ford Insurance Agency and current insurance agent, made presentations about the property insurance.
One of the options brought up was a possible cost-saving measure that the City could work directly with the insurance company as opposed to an agent.
City Treasurer Terry Compton informed the Commission that according to State Statutes, it was not required that insurance coverage be placed for bid, but staff would notify the Commission when the policy comes due should they want to put the property insurance out for bid in the future.
Since the current property insurance would expire December 1, 2003, the Commission recognized that the current agent had started the process, and it would not be feasible to change at this time.
AGENDA ITEM NO. 5: Presentation by Darren Shields of the Absentee Shawnee Tribe regarding Brownfields Assessment Grant.

Mr. Darren Shields, Tribal Planner of the Absentee Shawnee Tribe of Oklahoma, presented information wherein the Tribe was applying for federal grant funds through the United States Environmental Protection Agency, a Brownfields Assessment Grant Proposal.
The Brownfields project would provide the Absentee Shawnee Tribal and shared communities the opportunity to conduct assessment activities of potential presence of hazardous substance or contaminants that have a devastating effect on tribal lands and adjacent properties.
Mr. Shields stated that the Tribe had recently acquired two pieces of property adjacent to Benson Park Road and he showed on a power-point presentation the land which had old tires, barrels, and debris.
The purpose would be to clean up the property and redevelop it for reuse.
He noted that with the city’s support, the proposal for the $200,000 initial grant would strengthen the Tribe’s chances for receiving the highly competitive grant.
In regards to the type of support the City would offer, Mr. Shields suggested that it would be in the form of city staff sharing data or use as training for city staff with a minimum number of man hours.
After the presentation, action was considered in the next item.
AGENDA ITEM NO. 6: Consider providing a letter of support or letter of commitment to provide technical assistance and/or community outreach for the Brownfields Assessment Grant proposal to the Absentee Shawnee Tribe of Oklahoma.

In narrowing the type of support the City was willing to offer to the Absentee Shawnee Tribe’s proposal for the grant; Commissioner Claybrook commented that he did not want to commit to financial support, since it was unknown at this point the specifics of the grant requirements.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to provide a letter of support for the Absentee Shawnee Tribe of Oklahoma’s application for the Brownfields Assessment Grant and a commitment of sharing of information from the City that would be beneficial to the Tribe. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 14 W. Main from C-4; Central Business District to C-4P; Central Business District with Conditional Use Permit for the purpose of on premise consumption of beer and alcoholic beverages in an eating establishment. (Applicants: Kathy Kilpatrick and Audrey Bell)

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 14 West Main for the purpose of on premise consumption of beer and alcoholic beverages in an eating establishment.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest to the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2112NS was introduced and the title read aloud.
Ordinance No. 2112NS 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: West Half of Lot 15 and all of Lots 16 and 17, Block 24 of the amended plat of the City of Shawnee, rezoning said property from C-4, Central Business District to C-4P, Central Business 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 Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2112NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 4000 N. Kickapoo from R-1; Single Family Residential District to C-1; Neighborhood Commercial District for use as an office building. (Applicant: Jerry O’Connor)

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 4000 North Kickapoo for use as an office building.
It was noted the Planning Commission had recommended approval of the rezoning and there was an 80% formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest to the rezoning.
Ms. Gloria Terrel, 4006 N. Kickapoo, spoke against the rezoning. Speaking in favor of the rezoning was Mr. Jason O’Conner, representing Jerry O’Conner, and Mr. Kurt Kailes, property owner across the street.
There being no others to appear, the public hearing was closed.
After due and careful consideration, Ordinance No. 2113NS was introduced and the title read aloud.
Ordinance No. 2113NS 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: Lot One, Block 2, College View Addition to the City of Shawnee, Pottawatomie County, Oklahoma; rezoning said property from R-1, Single Family Residential District to C-1, Neighborhood Commercial District and amending the official zoning map of the City of Shawnee accordingly.”


A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Harden, Peterson
NAY: Pettyjohn, Harrod

Thereupon Mayor Harden declared Ordinance No. 2113NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property located east of SH-18 and north of Westech Road from A-1; Agricultural District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a tribal gaming operation. (Applicant: Sac & Fox Nation)

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located east of SH-18 and north of Westech Road for use as a tribal gaming operation.
It was noted the Planning Commission had recommended approval of the ordinance and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest to the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2114NS was introduced and the title read aloud.
Ordinance No. 2114NS 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: East half (E/2) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4) and West Half (W/2) of the Southeast Quarter (SE/4) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4) and the West Half (W/2) of the West Half (W/2) of the East Half (E/2) of the Southeast Quarter (SE/4) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), Section 29, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma containing 11.25 acres more or less, excepting therefrom and reserving unto the grantor, Edith Walker Brown Bemo, her heirs and assigns, a 30-feet wide ingress-egress and utilities right-of-way along the West edge of the East Half (E/2) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW4) of the Southwest Quarter (SW/4) of Section 29
and
East Half (E/2) of the East Half (E/2) of the Southeast Quarter (SE/4) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4) and the East Half (E/2) of the West Half (W/2) of the East Half (E/2) of the Southeast Quarter (SE/4) of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4) and the West Half (W/2) of the West Half (W/2) of the West Half (W/2) of the Southwest Quarter (SW/4) of the Southeast Quarter (SE/4) of the Southwest Quarter (SW/4) of Section 29, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma containing 5.0 acres more or less; rezoning said property from A-1, Agricultural 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, Peterson, Claybrook, Harrod, Harden
NAY: Pettyjohn

Thereupon Mayor Harden declared Ordinance No. 2114NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider mortgage of leasehold interest of Shawnee Lake Tract 14 Hart to First United Bank with reservation of city right of approval of transfer.

City Attorney John Canavan advised the Commission that he was contacted by First United Bank in regards to a lakesite lessee putting its leasehold interest up for collateral for mortgage to the bank.
Since the City has certain rights as the landowner and in preserving its rights, Mr. Canavan and bank officials drafted a document that would give the City approval for such transactions or approval of transfers. In this case, it was not a transfer.
Therefore, the city attorney wanted to put the Commission on notice for future consent agenda items since this was the first time dealing with a third party.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the document for mortgage of leasehold interest of Shawnee Lake Tract 14 Hart to First United Bank with reservation of city right of approval. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None

AGENDA ITEM NO. 11: Consider recommendations from the Beautification Committee.

1) Replace the current “Home of Darrien Gordon” entry signs with “Home of Governor Brad Henry” signs.

A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to accept the recommendation from the Beautification Committee to replace the current “Home of Darrien Gordon” entry signs with “Home of Governor Brad Henry” signs. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

2) The city assume long-term maintenance of KidSpace Park and provide painting and $6,000.00 for the completion of the restrooms.

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept the recommendation from the Beautification Committee for the City to assume long-term maintenance of KidSpace Park and provide painting and $6,000.00 for the completion of the

restrooms. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harden
NAY: None
ABSTAIN: Peterson, Harrod

AGENDA ITEM NO. 12: Consider an ordinance amending Section 16-138 of the Code of the City of Shawnee to prohibit parking on the north side of Chicago Street from Kickapoo Street east to the alley mid-block.

The following ordinance formalizes the action taken earlier under Consent Agenda as recommended by the Traffic and Transportation Commission.
Ordinance No. 2115NS was introduced and the title read aloud.
Ordinance No. 2115NS 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 Commissioner Peterson, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2115NS duly passed and adopted.
AGENDA ITEM NO. 13: Presentation and discussion of Comprehensive Plan Introduction and Community Profile.

At the request of Mayor Harden and Commissioner Peterson, Community Development Director Mike Southard relayed to the Commission that he would present updates of the Comprehensive Plan chapters over a period of time.
He reported that the steering committee had meetings for several months and at the public hearings the turn out of citizen input was significant in their desire to be involved in the design process.
He gave an overview of the four chapters of Phase 1 which included Introduction, Community Profile, Transportation/Land Use, and Housing.
Mr. Southard plans to give another presentation of the Phase II in the immediate future.
AGENDA ITEM NO. 14: Consider approval of contract with Wilburn Smith Associates for Phase 2 of the Comprehensive Plan.

Community Development Director Mike Southard presented the contract for the scope of services for Phase 2 of the Comprehensive Plan Update.
The proposed cost would be for $67,145 which is currently budgeted through the Capital Improvement Project.
He advised that Phase 2 consists of Image & Design, Growth Capacity, Implementation, and the final document.
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, to approve the contract with Wilburn Smith Associates for Phase 2 of the Comprehensive Plan Update. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None

AGENDA ITEM NO. 15: Consider an ordinance calling for the holding of non-partisan general and general run-off elections in the City of Shawnee for the offices of Mayor, Commissioner Ward 2, Commissioner Ward 3 and Commissioner Ward 4.

Ordinance No. 2116NS was introduced and the title read aloud.

Ordinance No. 2116NS entitled “An ordinance call and providing for the holding of nonpartisan general and general runoff elections in the City of Shawnee, Oklahoma, for the purpose of nominating and electing candidates for the office of Mayor, and the offices of City Commissioner of the Second Ward, City Commissioner of the Third Ward and City Commissioner of the Fourth Ward; establishing a filing period and qualifications for such offices; designating the manner of electing the various city offices named herein; providing for said elections to be conducted by the Pottawatomie County Absentee Board; providing for voting by absentee ballot; and declaring an emergency.”

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2116NS duly passed and adopted.
AGENDA ITEM NO. 16: Consider Bids.

a. 2004 – 1 Ton Pickup Cab and Chassis (award)

A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the bid for the 2004-1 ton pickup cab and chassis be awarded to Joe Cooper Ford, Shawnee, Oklahoma in the amount of $16,559.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None

b. Sewer Rehab Project (award)

City Engineer John Krywicki justified staff’s recommendation for not awarding the bid to the low bidder, Terra Tech, LLC of Oklahoma City, Oklahoma, in the amount of $405,212.50, due to lack of experience in pipe-bursting work.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept City Engineer John Krywicki’s recommendation to award the sewer rehab project bid to Urban Contractors, Oklahoma City, Oklahoma, in the amount of $406,496.00, as the lowest and best bid. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None

c. Aerial Ladder Truck (opened on 11/11/03 at Midwest City)

Fire Chief Jerry Bower justified staff’s recommendation for not awarding the bid to the low bidder, Pierce Manufacturing, Appleton, Wisconsin for $389,300.00, due to its failure to meet the specifications.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to award the 75-foot aerial ladder truck bid to Chief Fire & Safety, Chickasha, Oklahoma, in the amount of $449,685.00 as the lowest
and best bid meeting specifications. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None

d. Westech Water and Sewer Line Extension (open)

BIDDER AMOUNT

Terra Tech, LLC $41,855.00
Oklahoma City, OK

Milestone Utilities, Inc. $26,425.00
Oklahoma City, OK


McKee Utility Contractors, Inc. $45,700.00
Prague, OK

Jordan Contractors $52,100.00
Tecumseh, OK

ENGINEER’S ESTIMATE: $35,395.00

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the bids for the Westech-Harrison Water and Sewer Extensions be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Harrod, 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.

AGENDA ITEM NO. 19: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 20: Commissioners Comments.

There were no Commissioners Comments.


AGENDA ITEM NO. 21: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None


_________________________________
MAYOR

(SEAL)
ATTEST:

___________________________
CITY CLERK


AGENDA
SHAWNEE MUNICIPAL AUTHORITY
NOVEMBER 17, 2003 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA

1. Call to Order

2. Declaration of a Quorum

3. Consider approval of Consent Agenda

* Minutes of November 3, 2003 meeting Pgs. 1-2

4. Administrative Reports

5. New Business

6. Adjournment

Respectfully submitted,



Diana Hallock
Authority Secretary


AGENDA
SHAWNEE AIRPORT AUTHORITY
NOVEMBER 17, 2003 AT 7:00 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA


1. Call to Order

2. Declaration of a Quorum

3. Consider approval of Consent Agenda

* Minutes of November 3, 2003 meeting Pgs. 1-2

4. Administrative Reports

5. New Business

6. Adjournment

Respectfully submitted,


Diana Hallock
Authority Secretary
AGENDA NOTES

BOARD OF CITY COMMISSIONERS
NOVEMBER 17, 2003 AT 7:00 P. M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA

CALL TO ORDER
DECLARATION OF A QUORUM
INVOCATION
FLAG SALUTE

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. 16.

b. Minutes of the November 3, 2003 meeting. Pgs. 1-11

c. Budget amendments in 2003 CDBG Entitlement Grant Fund and 2002 Home Grant Fund. Pgs. 12-13

d. Acknowledge the following reports and minutes:

* Sales Tax Report through November, 2003 Pg. 14

* Utility Division Report for the month of October, 2003 Pgs. 15-28

* City Clerk report for the month of October, 2003 Pgs. 29-30

* Warrant Officer activity report for the month of October, 2003. Pg. 31

* Shawnee Community Center report for the month of October, 2003. Pgs. 32-33

* Shawnee Urban Renewal Authority minutes from the October 21, 2003 meeting. Pgs. 34-36

* Shawnee Beautification Committee minutes from the September 2, 2003 meeting. Pgs. 37-38

* Traffic and Transportation Commission minutes from the September 23, 2003 meeting. Pgs. 39-40

* Planning Commission minutes from the October 15, 2003 meeting. Pgs. 41-43

* Airport Advisory Board minutes from the September 10, 2003 meeting Pgs. 44-45

e. Acknowledge Workers Compensation settlement for Brian Abbott. Pg. 46

f. Approve out-of-state travel for three public works employees to attend operation and maintenance training of Cedar Rapids pavers in Cedar Rapids, Iowa, January 27-30, 2004. Pg. 47

g. Approve out-of-state travel for Mike Southard to attend American Planning Association’s National Conference in Washington, D.C., April 24-28, 2004. Pgs. 48-49

h. Acknowledge Permit No. WL000063031076 for the construction of 323’ of 6” water line and Permit No. SL000063031077 for the construction of 690’ of 8” sewer lines for the Orchard Subdivision from the Oklahoma Department of Environmental Quality. Pgs. 50-55

i. Acknowledge the donation of properties to Shawnee Urban Renewal Authority from Pottawatomie County and the release of public nuisance liens on said properties: Pg. 56

1) 519 S. Pottenger (Lien amount $856.28)
2) 1320 E. Faye (Lien amount $1,130.62)
3) 732 N. Union (Lien amount $439.48)
4) 637 N. Louisa (Lien amount $1,579.54)

The County Commissioners have donated the lots to the City of Shawnee Urban Renewal Authority from their inventory of properties. The lots have liens of around $4,000 which will count toward required matches in future grants. SURA will develop each lot, which will place it back on the tax rolls.

j. Recommendations from the Traffic and Transportation Commission from the October 28, 2003 meeting: Pgs. 57

1) Request from Phyllis Rigney, 801 W. Penny, to install “Children at Play” signs.

Recommendation: To deny request.

2) Request from Scott Harper, 314 W. Hayes, to install “Children at Play” signs at 315 W. Hayes near the Washington School playground area.

Recommendation: Approve request for a playground advisory sign and a 25 mph speed advisory sign.

3) Request from Scott Harper, 314 W. Hayes, to install speed limit signs at 300 W. Hayes.

Recommendation: To deny request.

5) Consider request from Jess Partridge, University Baptist Church, 2515 N. Kickapoo, to install no parking sign from corner of Kickapoo Street and Chicago Street one-half distance of block east during business hours.

Recommendation: To approve request to install a “No Parking” sign on Chicago Street from Kickapoo Street to the alley mid-block east on the north side of the street.

2. Mayor’s Proclamation:

“American Education Week”
November 16 – 22, 2003

Acknowledge Individual Achievement Award in Beautification and Landscaping to Tom Terry from Keep Oklahoma Beautiful.

3. City Manager’s Presentation of Employee of the Month.

4. Discussion and consideration of property insurance for the City of Shawnee.

5. Presentation by Darren Shields of the Absentee Shawnee Tribe regarding Brownfields Assessment Grant. Pg. 58

6. Consider providing a letter of support or letter of commitment to provide technical assistance and/or community outreach for the Brownfields Assessment Grant proposal to the Absentee Shawnee Tribe of Oklahoma.

7. Public hearing and consider an ordinance to rezone property located at 14 W. Main from C-4; Central Business District to C-4P; Central Business District with Conditional Use Permit for the purpose of on premise consumption of beer and alcoholic beverages in an eating establishment. (Applicants: Kathy Kilpatrick and Audrey Bell) Pgs. 59-69

The Planning Commission unanimously recommends approval of the conditional use permit for the sale of beer and alcoholic beverages in an eating establishment. The property is presently zoned C-4 and conforms to the Comprehensive Plan, as well as the Action Agenda 2000.

8. Public hearing and consider an ordinance to rezone property located at 4000 N. Kickapoo from R-1; Single Family Residential District to C-1; Neighborhood Commercial District for use as an office building. (Applicant: Jerry O’Connor) Pgs. 70-84

The Planning Commission unanimously recommends approval of the rezoning from R-1 to C-1. The Comprehensive Plan identifies this corridor as a transition area and recommends any zoning changes start at the intersections while working toward the center of the block. C-1 zoning is compatible with residential districts. This request conforms with the Comp Plan. There are several protests, but none appeared at the Planning Commission meeting.

9. Public hearing and consider an ordinance to rezone property located east of SH-18 and north of Westech Road from A-1; Agricultural District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a tribal gaming operation. (Applicant: Sac & Fox Nation) Pgs. 85-95

The Planning Commission unanimously recommends approval of the rezoning from A-1 to C-3 with a conditional use permit for tribal gaming operations. This site is Trust Land and therefore exempt from city ordinances and regulations. The Comprehensive Plan does not address any type of development north of Westech. The land south of Westech is identified as suitable for light and moderate industrial. As infrastructure improvements are made in this corridor, the area can accommodate higher intensity uses such as commercial. There were two protestors at the Planning Commission meeting.

10. Consider mortgage of leasehold interest of Shawnee Lake Tract 14 Hart to First United Bank with reservation of city right of approval of transfer.

11. Consider recommendations from the Beautification Committee: Pg. 96

1) Replace the current “Home of Darrien Gordon” entry signs with “Home of Governor Brad Henry” signs.

The Beautification Committee unanimously recommends replacing the Darrien Gordon signs to honor Brad Henry. The signs have faded and must be replaced, so the committee decided that this was a good time to change the sign face as well.

2) The city assume long-term maintenance of KidSpace Park and provide painting and $6,000.00 for the completion of the restrooms.

The Committee unanimously recommends assuming the long-term maintenance of the KidSpace Park and taking actions to complete the restrooms including $6,000 in cash and painting. The Kid Space committee used city estimates to budget for the restroom, but the final bids exceeded the budget. There is approximately $80,000, but $10,000 should be retained for future maintenance.

12. Consider an ordinance amending Section 16-138 of the Code of the City of Shawnee to prohibit parking on the north side of Chicago Street from Kickapoo Street east to the alley mid-block. Pgs. 97-101

13. Presentation and discussion of Comprehensive Plan Introduction and Community Profile.

Mayor Harden and Commissioner Peterson asked that staff present the Comp Plan chapters over a period of time as not to present too much as a single time or to do so too late in the process. The four chapters of Phase 1 include Introduction, Community Profile, Transportation/Land Use, and Housing. The process brought over 150 citizens into the process.

14. Consider approval of contract with Wilburn Smith Associates for Phase 2 of the Comprehensive Plan. Pgs. 102-117

In October, the City Commission authorized staff to finish the Comp Plan process by negotiating a contract with Wilbur Smith Associates. The contract does not exceed the 2003/04 budget. The elements include Implementation, Growth Capacity, Image/Design and the final document.

15. Consider an ordinance calling for the holding of non-partisan general and general run-off elections in the City of Shawnee for the offices of Mayor, Commissioner Ward 2, Commissioner Ward 3 and Commissioner Ward 4. Pgs. 118-120


16. Consider Bids: Pgs. 121-126

a. 2004 – 1 Ton Pickup Cab and Chassis (award)
b. Sewer Rehab Project (award)
c. Aerial Ladder Truck (opened on 11/11/03 at Midwest City)
d. Westech Water and Sewer Line Extension (open)

17. New Business (Any matter not known about or which could not have been reasonably
foreseen prior to the time of posting
agenda)

18. Administrative Reports

19. Citizens Participation (A five minute limit per person)
(A fifteen-minute limit per topic)

20. Commissioners Comments

21. Adjournment


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