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, Tuesday, September 7, 2004 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chuck Mills
Mayor
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Bob Searl
University Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the August 16, 2004 meeting.
b. Transfers of Appropriations in General Fund, Street Improvement Fund, Shawnee Municipal Authority and Shawnee Airport Authority. (Deferred from 8/16/04 meeting)
c. Acknowledge the following reports and minutes:
* Warrant Officer report for the month of July.
* Shawnee Urban Renewal Authority minutes from the August 3, 2004 meeting.
* Airport Advisory Board minutes from the May 5, 2004 meeting
* Civic and Cultural Authority minutes from the July 15, 2004 meeting
* Planning Commission minutes from the August 4, 2004 meeting.
d. Lakesite Lease Renewals:
Lot 12, Damron Tract
Jerry Knox & Monty Garner
15600 Highway 102
Shawnee, OK 74801
Lot 2, Belcher Tract
Norma Jean Beavers
39 Nickens Road
Shawnee, OK 74801
Lot 3, Belcher Tract
Otis Carl Martin
39 Nickens Road
Shawnee, OK 74801
e. Authorize staff to advertise for bids for Self Contained Breathing Apparatus Equipment as provided in the Fire Act Grant 2003-04.
f. Authorize staff to advertise for bids for east side sidewalk improvement project.
g. Authorize staff to advertise for requests for proposals for audit services.
h. Authorize staff to advertise for TEA-21 grant for Trails Master Plan.
i. Approve mortgage of leasehold interest of Shawnee Lake Hart Tract, Lot 14 to First United Bank with reservation of city right of approval of transfer.
j. Accept Wal-Mart grant in the amount of $1,000.00 for fire prevention.
k. Accept Wal-Mart grant in the amount of $1,000.00 for police equipment and technology.
l. Accept donation of gift of one automatic external defibrillator from the Oklahoma State Department of Health.
m. Approve Agreement for Juvenile Services with Youth and Family Resource Center, Inc. (Hope House) for juvenile offenders.
n. Approve recommendation from Airport Advisory Board to lease property at Shawnee Regional Airport to Ron Davis.
o. Approve Automatic Mutual Aid Agreement with the Town of Bethel Acres in the protection of life and property from fire and disaster.
Before considering the Consent Agenda, items (b), (f), (h), and (m) were pulled to consider separately.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve Consent Agenda Item No. 1 (a-o), less (b), (f), (h), and (m). Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
After city staff explained to the Commission to their satisfaction, the following actions were taken.
1(b). A motion was made by Commissioner Schrzan, seconded by Commissioner Hadley, to approve Consent Agenda Item l(b), Transfers of Appropriations in General Fund, Street Improvement Fund, Shawnee Municipal Authority and Shawnee Airport Authority. Motion carried.
AYE: Schrzan, Hadley, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
1(f). A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item 1(f), authorize staff to advertise for bids for east side sidewalk improvement project. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
1(h). A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to authorize staff to advertise for TEA-21 grant for Trails Master Plan. Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
1(m). A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to approve agreement for juvenile services with Youth and Family Resource Center, Inc. (Hope House) for juvenile offenders. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 2: Consider request from Jim Russell to adopt a declaration of policy and create a human rights commission.
Mr. Jim Russell, Chairman of the Shawnee Handicap Coalition, made a presentation and requested for the City Commission to adopt a “Declaration of Policy” and create a “Shawnee Human Rights Commission.”
Mr. Russell gave an overview of the duties and powers of a Human Rights Commission.
It was noted that Shawnee had a formed Human Rights Commission in 1964 in accordance with federal and state statutes.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to defer to staff the proposed policy and creation of a human rights commission for further research. Motion carried.
AYE: Schrzan, O’Neal, Mills, Hadley, Peterson, Downing, Claybrook
NAY: None
City Manager Jim Collard noted that staff would give periodic updates to the Commission.
AGENDA ITEM NO. 3: Consider Airport Advisory Board recommendation to grant a one-day variance to allow Sister Cities Kite Festival on airport property.
No action was required by the Commission due to a letter from the Kite Festival Committee stating that the festival set for September 18th would be held on the south campus of the Gordon Cooper Vocational Technology Center.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 4016 N. Kickapoo from R-1; Single Family Residential District to C-1; Neighborhood Commercial District to convert existing dwelling into an office. (Applicant: Randy Edmonson)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4016 North Kickapoo to convert the existing dwelling into an office.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. Mr. Randy Edmonson, the applicant, appeared on behalf of his application. No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2175NS was introduced and the title read aloud.
Ordinance No. 2175NS 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 Four, Block 2, College View Addition, to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof; 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 Vice Mayor Peterson, seconded by Commissioner Hadley, that the Title and Section 1 be approved. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2175NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 4901 N. Kickapoo #1414, from CP; Planned Shopping District to CP-P; Planned Shopping District with Conditional Use Permit for the purpose of selling beer and alcoholic beverages for on-premise consumption. (Applicant: Min Huang, d/b/a China Gourmet)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4901 North Kickapoo #1414 for the purpose of selling beer and alcoholic beverages for on-premise consumption.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2176NS was introduced and the title read aloud.
Ordinance No. 2176NS 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 located in the Southeast Corner of Lot Two (2), Block A, Shawnee Mall Subdivision, being a part of the Northwest Quarter (NW/4) of Section 31, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from CP, Planned Shopping District to CP-P, Planned Shopping District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2176NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 501 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for the purpose of selling beer for off-premise consumption. (Applicant: In Young Kim).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 501 North Kickapoo for the purpose of selling beer for off-premise consumption.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2177NS was introduced and the title read aloud.
Ordinance No. 2177NS 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: The South Ten (10) feet of Lot Forty-five (45) and all of lots Forty-six (46), Forty-seven (47) and forty-eight (48), Block One (1), Fruits Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; 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 Schrzan, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved.
Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2177NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 4330 N. Harrison from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as a fuel stop and car wash. (Applicant: Del Kinslow).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4330 North Harrison for use as a fuel stop and car wash.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. Mr. Keith Welsh appeared on behalf of the applicant. No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2178NS was introduced and the title read aloud.
Ordinance No. 2178NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: The South Five (5) Acres of Lot One (1) Williams Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from A-1, Agricultural District to C-3, Automotive and Commercial Recreation District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2178NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 2621 N. Broadway from R-1; Single Family Residential District to C-1; Neighborhood Commercial District for use as a medical office. (Applicants: Drs. Scot and Nanay Shadid).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 2621 North Broadway for use as a medical office.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2179NS was introduced and the title read aloud.
Ordinance No. 2179NS 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 Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18), Block Two (2), Rose Garden Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; 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 Downing, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2179NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance closing the alley on Oakland Street between Louisa and Park streets. (Applicant: Michael Heatley)
Mayor Mills declared a public hearing in session to consider an ordinance closing the alley on Oakland Street between Louisa and Park Streets.
It was noted that the Planning Commission recommended approval and there were no formal protests filed with the City Clerk.
The City would retain a utility easement since there is an 8-inch sewer line running northbound in the alley. By allowing the alley closing, it would allow the owner to consolidate the lots he owns across the platted alley.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the alley closing.
Mr. Michael Heatley, applicant appeared on behalf of his application. Next, Mr. Jerry Mankin, adjacent owner, stated that he did not receive a notice and he found out by reading the newspaper.
Upon research of the ownership list supplied by the title company, it was discovered that Mr. Mankin was not on the list.
After discussion between the two owners, it was decided to allow Mr. Mankin, more time to elaborate the request.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to defer this item to the next meeting of September 20, 2004. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 10: Consider staff report regarding the appeal of Ronnie Golden concerning property located at 431 N. Aydelotte. (Deferred from 8/16/04 meeting)
Community Development Director Mike Southard reported that Mr. Golden had not contacted city staff to develop the punch list for remodel and repairs for the house as directed by the City Commission.
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, that the house located at 431 North Aydelotte be razed and removed as previously recommended by the Administrative Hearing Officer. Motion carried.
AYE: Schrzan, Claybrook, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
AGENDA ITEM NO. 11: Presentation by representatives of Absentee-Shawnee Tribe requesting usage of wastewater treatment services for casino located six miles east on Westech Road.
Appearing before the Commission were Terry West, Attorney, Mr. Tom McCaleb, Spears-McCaleb Engineers, and Mr. Gary Green, representatives of the Absentee-Shawnee Tribe requesting usage of the City’s wastewater treatment services for a proposed casino to be located six miles east on Westech Road.
In discussion, City Engineer John Krywicki recommended to the Commission that before negotiating with the Tribe, it would be feasible for the city to develop a “decision policy” to serve entities outside the city limits should that be the direction the Commission wanted to pursue.
At the directive of the Commission, City Manager Jim Collard responded that city staff would draft a policy regarding services to outside entities for usage of wastewater treatment services.
AGENDA ITEM NO. 12: Consider request of GLB Exploration to modify conditions of drilling permit to change source of obtaining surface water to Shawnee Twin Lake No. 1.
Mr. Jim Endicott, representative of GLB Exploration, appeared before the Commission to request amending the drilling permit for changing the source of obtaining surface water to Shawnee Twin Lake No. l.
City Manager Jim Collard explained to the Commission that the owner who had agreed to allow GLB to use his pond changed his mind. Therefore, due to the predicament the drilling company was placed, he and Emergency Management Director Don Lynch, serving as Oil and Gas Inspector, granted GLB Exploration permission to use water from the lake.
Since this matter was after-the-fact, and arrangements to pay for water from GLB were agreed upon, no formal action was required by the Commission.
AGENDA ITEM NO. 13: Consider authorizing staff to enter into contract for survey of land proposed for regional park.
Community Development Director Mike Southard gave the staff report regarding the proposed site for a regional park located north of Interstate 40 west of the Shawnee Mall. The property is owned by the State School Land Commission and consists of 160 acres.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to authorize staff to enter into a contract with a surveyor to survey land proposed for a regional park. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 14: 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.
AGENDA ITEM NO. 15: Administrative Reports.
Under Administrative Reports, the following reports were given:
*Emergency Management Director Don Lynch reported on the energy audit and survey of lighting and sending area volunteer Emergency Management response team to aid the citizens of Florida suffering from the damaging hurricanes.
*City Engineer John Krywicki updated the Commission on the lake mapping.
*Acting Police Chief Conny Clay reported that extra police patrols on Kickapoo Street was keeping the area under control and he reported that the
$1,000 gift from Wal-Mart Super Center would be used for neighborhood watch programs.
*Public Works Director James Cole advised he had prepared an information memo to aid the Utility Clerks when answering questions regarding the water issues and federal mandates pertaining to water.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, the following citizens appeared to voice concerns:
*Mr. Sam Howard, resident complained that he was threatened by the Police and he wants an investigation of the Police Department
*Mr. Coleman and Leon Freeman, lakesite lessees, voiced concerns about the lake level continuing to lower
*Mr. Bob Griffin, lakesite lessee, wants more than a five-year lease at the lake for financing reasons.
*Mr. Greg Armstrong, Homeowners Association on Kickapoo Street, praised the Police Department for its help with enforcement of problems from youth parking on business properties on Kickapoo Street. He requested more parking tickets be issued.
*Mr. Jim Gallagher, suggested a way to save money for the city, would be to review the city employees use of city vehicles.
*Mrs. Karla Sample and Mr. Billy Stearman, owners of properties in the 600 Block Louisa, voiced disappointment about mis-information received from County and city staff regarding property Mrs. Sample wanted to purchase adjacent to her property. She stated that Habitat for Humanity was donated the property and would be building on it.
*Mr. Tom Smith requested the city to remove pipe from his bar ditch in front of his home.
AGENDA ITEM NO. 17: Commissioners Comments.
Under Commissioners Comments, Mayor Chuck Mills and Commissioners extended “happy birthday” wishes to Commissioner Downing who will turn “82 years young” on Saturday.
The mayor commented that he was gathering information to develop a youth council from Shawnee High School.
Commissioner Peterson asked if the Citizens Advisory Board was active and she reminded to finalize performance review policy.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the meeting be adjourned. Motion carried. (9:00 p.m.)
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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