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, February 7, 2005 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 January 18, 2004 meeting.
b. Budget Amendment in 2002 HOME Grant Fund.
c. Acknowledge the following reports and minutes:
* Shawnee Community Center report from the month of January, 2005
* Civic and Cultural Development Authority minutes from the December 16, 2004 meeting
* Shawnee Urban Renewal Authority minutes from the January 4, 2005 meeting
* Planning Commission minutes from the January 12, 2005 meeting
d. Acknowledge Charter Communications annual rate justification filing for 2005.
e. Approve repairs to Jeff Rodgers’ van to secure new wheelchair.
f. Approve forming Regional Sports Complex Advisory Committee for the purpose of establishing a forum to continue dialogue and input from citizens and user groups.
g. Approve application for Oklahoma Municipal Retirement Fund lump sum distribution to Charles Bell.
h. Confirm appointments made by the following authority:
Shawnee Industrial Authority
Appoint Susan Jordan to replace Mike Townsend to a term to expire 7/16/10
Appoint Chris Harden to replace Terry Compton to a term to expire 7/16/09
Appoint Leonard Taron to replace Phill Pourchot to a term to expire 7/16/05
Before voting on the Consent Agenda, items (a) and (f) were pulled for separate consideration, as requested by Vice Mayor Peterson.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that Agenda Item No. 1(a-h), less (a) and (f), be approved. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
Under Agenda Item 1 (a), the minutes of the January 18, 2005 City Commission meeting were corrected to read as follows:
Agenda Item No. 7:
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to accept the final plat with changes as recommended by staff indicating that the undevelopable lot should be tied to the developable lot as a common area of the Kelsey and Connor Addition located at the southeast corner of Harrison and 45th Streets as submitted by LE Surveying on behalf of Manford Land Company. Motion carried.
Under Agenda Item No. 1(f), a motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, that a word change from “forming” to “reforming” be corrected to read as follows: “Approve reforming Regional Sports Complex Advisory Committee for the purpose of establishing a forum to continue dialogue and input from citizens and user groups.” Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Chuck Mills presented a resolution of appreciation to Charles Bell for over 27 years of loyal service to the City of Shawnee.
Resolution No. 6223 was introduced and the title read aloud.
Resolution No. 6223 entitled “A resolution expressing appreciation to Charles E. Bell for over 27 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Charles Bell.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution No. 6223 be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution No. 6223 duly passed and adopted.
Mr. Bell was present to receive his resolution and thanked the Commission for the opportunity to work for the city.
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Jim Collard presented certificates of appreciation to the following Line Maintenance employees for their dedication in working 33 hours straight during Christmas weekend to repair line breaks: Beau Bullock, Calvin Wilson, David Dauman, Wayne Lowrey, Craig Lee and Jim Bierd.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 2613 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3; Automotive and Commercial Recreation District with Condition Use Permit for the purpose serving alcoholic beverages for on-premise consumption. (Applicant: Marcial Escubedo on behalf of Dorothy Defenbaugh).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 2613 North Kickapoo for the purpose of serving alcoholic beverages for on-premise consumption.
Community Development Director Mike Southard gave the staff report.
Mayor Mills 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.
It was noted the Planning Commission had recommended approval and that one formal written protest had been filed, but it was not within the required 300 feet of ownership property.
After due and careful consideration, Ordinance No. 2191NS was introduced and the title read aloud.
Ordinance No. 2191NS 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 Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21) and Twenty-two (22), Block Six (6), Rose Garden 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. 2191NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 2601 N. Market from R-1; Single Family Residential to R-2; Two Family Residential District for the purpose of constructing duplexes. (Applicant: Grady Cole).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 2601 North Market for the purpose of constructing duplexes.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. The staff report was given. No persons appeared and the public hearing was closed.
It was noted the Planning Commission had recommended approval and that no formal written protest had been filed.
After due and careful consideration, Ordinance No. 2192NS was introduced and the title read aloud.
Ordinance No. 2192NS 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: Lots Twenty-two (22), Twenty-three (23) and Twenty-four (24), Block Four (4), Rose Garden Addition to the City of Shawnee, Pottawatomie County, Oklahoma; rezoning said property from R-1, Single Family Residential to R-2, Combined Residential District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2192NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider approving change order regarding Sewer Rehab Project (04-05).
City Engineer John Krywicki justified that the change order was due to $400,000 budgeted for this fiscal year. The contractor had bid $450,838.40 and it would be reduced by $50,838.40.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Change Order No. 1 for Jordon Contractors, Inc. contract to $400,000 for the Sewer Rehab Project (04-05). Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 7: Consider final acceptance of audit for fiscal year 2003-2004. (Deferred from 1/18/05 meeting)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to accept the final audit for fiscal year 2003-2004. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 8: Consider letter from Board of City Commissioners to Shawnee Civic and Cultural Development Authority Board of Trustees concerning corrective action of items identified in the December 30, 2004 Audit of Financial Statements.
The Commission reviewed a draft letter authored by Vice Mayor Peterson, as an official notification to the Shawnee Civic and Cultural Development Authority to request, as the financial beneficiary, that the SCCDA become in compliance with procedures as identified by the auditors for future audits.
A motion was made by Commissioner Hadley, seconded by Commissioner Schrzan, to approve a letter from the City Commission to the Shawnee Civic and Cultural Development Authority Board of Trustees requesting the list of corrective actions of items identified in the December 30, 2004 audit of Financial Statements and to follow items to remain in compliance with the SCCDA Trust Indenture. Motion carried.
AYE: Hadley, Schrzan, O’Neal, Mills, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: 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. 10: Administrative Reports.
Under Administrative Reports, Community Development Director Mike Southard reported that a committee appointed to review plans for a skate park will interview designers of the top three proposals. He also said the location of the proposed park is still undecided.
Mr. Southard stated that a survey prioritizing potential projects under the new comprehensive plan will be discussed at a joint meeting of the City Commission and the Planning Commission at 1:30 p.m. on Wednesday, February 16, 2005 in the Commission Chambers of City Hall.
City Utilities Director Afsaneh Jabbar reported that recent trihalomethane levels in the city’s water supply, which have been problematic for years, have now fallen below state minimums and were very promising.
Fire Chief Jerry Bower reported that the flow of the river has prevented divers from going down to check a break in a main water distribution line from the Shawnee Twin Lakes.
City Manager Jim Collard distributed a letter from a citizen in the “neighborhood watch” program praising police officers for their dedication to helping in the community.
AGENDA ITEM NO. 11: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Ray Belford, 16 Cedar Creek, stated that City Commission districts needed to be redrawn. He felt the population has grown in Wards One and Five and significantly declined in Wards Two and Three. He noted that in Wards Two, Three and Four and half of Ward Five lie south of Independence. He stated the population has shifted to the north since the last reapportionment that happened about 15 years ago.
Ms. Cindy Houck, 1508 North Louisa, appeared before the Commission with several complaints regarding peace and quiet issues in her neighborhood. She stated that barking dogs, “boom boxes” and loud car stereos were horrible day and night.
Ms. Dorothy Cooks, citizen, invited the public to attend a Black History Month service on Sunday at 3:00 p.m. at Wesley United Methodist Church.
AGENDA ITEM NO. 12: Commissioners Comments.
Under Commissioners Comments, Commissioner Schrzan extended congratulations to his niece, Sarah Stuart, as the sophomore attendant at the high school basketball royalty court last Friday night. He mentioned that Father Paul Zahler offered his services as an advisor to the Regional Park Task Force advisory committee.
Mayor Mills invited everyone to support the Rotary Club dinner Saturday night raising funds to benefit the Terry Powell Memorial Project. He was the former city manager who lost his battle to cancer last year. Proceeds will be used to construct fitness exercise stations around the airport walking track.
It was announced that on February 19th and 20th the Home & Garden Show would be held at the Expo Center.
Vice Mayor Peterson noted that a neighborhood meeting was held at Sequoyah Elementary School by City Engineer John Krywicki to inform the citizens in the area of the closing of Seneca Street for street paving to begin March 1. She stated that if citizens had issues with getting to their homes or if there were people with special needs, to notify her or city engineering staff.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Hadley, that the meeting be adjourned. Motion carried. (7:00 p.m.)
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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