Date: 3/15/2004Board: City CommissionDocumentType: MinutesWeb Posted: 8/30/2004 1:22:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

MARCH 15, 2004 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, March 15, 2004 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
Vacant
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

ABSENT: Tom Claybrook
Commissioner Ward 1

INVOCATION Reverend Jimmy Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Harden

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Minutes of the March 1 and March 8, 2004 meetings.

b. Budget amendments in General Fund and 2002 Home Grant Fund

c. Transfer of Appropriation in General Fund

d. Acknowledge the following reports and minutes:

 Sales Tax Report through March, 2004.

 Utility Division Report for the month of February, 2004

 City Clerk report for the month of February, 2004

 Warrant Officer activity report for the month of February, 2004

 Shawnee Community Center report for the month of February, 2004

 Shawnee Urban Renewal Authority minutes from the February 18, 2004 meeting

 Planning Commission minutes from the February 4, 2004 meeting.

 Sister Cities Council minutes from the February 10, 2004 meeting.

e. Lakesite Lease:

Renewal:

Lot 20, Belcher Tract Lot 8, Seck Tract

Bill & Paula Barnett Kenneth D. West &
20 Post Office Neck Lora J. Davis
Shawnee, OK 74801 16712 Magnino Rd.
Shawnee, OK 74801




Lot 5, Hart Tract

Jayne Hawk & John Costilloe
105 Hart
Shawnee, OK 74801

Transfer:
Lot 7, Roewe Tract

To: Kathy A. Coffelt From: Robert & Linda Stewart
151 Perry Road 35603 Hardesty Road
Shawnee, OK 74801 Shawnee, OK 74801

A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (a-e). Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None

AGENDA ITEM NO. 2: City Manager’s Presentation of Employee of the Month to Jason Miles (Code Enforcement).

Interim City Manager Terry Compton presented a plaque and gift certificate to Jason Miles, Code Enforcement/City Inspector, as the March employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Mayor’s Presentation.

Mayor Harden made the following presentation:

“Fair Housing Month”
April, 2004
(accepted by Mike Southard, Community Development Director)

AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 15709A Highway 102 from A-1; Agricultural District to RE; Rural Estates District to allow move in of a residential house. (Applicants: Wesley & Julie Tucker).

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 15709A Highway 102 to allow move in of a residential house.
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 of the rezoning. No persons appeared.
After due and careful consideration, Ordinance No. 2144NS was introduced and the title read aloud.

Ordinance No. 2144NS 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: A tract of land described as beginning at a point 50.00 feet east of the Northwest Corner of the Southwest Quarter of the Southwest Quarter (SW/4 SW/4) of Section 13, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence east 446.50 feet; thence southerly 275.0 feet; thence west 432.50 feet to a point on the east right-of-way line of State Highway #102; thence north along said east right-of-way line a distance of 276.50 feet to the point of beginning, and rezoning said property from A-1; Agricultural District to RE; Rural Estates District; and 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
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2144NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 31824 Ingram Road from A-1; Agricultural District to A-1P; Agricultural with Conditional Use Permit to allow move in of a residential mobile home. (Applicant: Michael & Shelly Davis). (Planning Commission deferred until 3/17/04).

A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to defer Agenda Item Nos. 5 and 6 to the April 5, 2004 City Commission meeting. Motion carried.
AYE: Weaver, Peterson, Downing, Harrod, Harden
NAY: None
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 31820 Ingram Road from A-1; Agricultural District to A-1P; Agricultural with Conditional Use Permit to allow move in of a residential mobile home. (Applicant:



Chris Kovach). (Planning Commission deferred until 3/17/04).

This item was deferred under Agenda Item No. 5.

AGENDA ITEM NO. 7: Consider postponing the demolition order of Administrative Hearing Officer relative to the building located at 820 S. Beard to a date certain after the second City Commission meeting in April.

A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to defer the demolition order for 45 days to allow new owner time to meet City requirements. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Harden
NAY: None

AGENDA ITEM NO. 8: Consider staff’s recommendation to prohibit all recreational activities on Shawnee Twin Lakes No. 1 and No. 2 until lake levels return to 1,067 feet above sea level.

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve staff’s recommendation to prohibit all recreational activities on Shawnee Twin Lakes No. 1 and No. 2 until lake levels return to 1,067 feet above sea level. Motion carried.
AYE: Downing, Weaver, Peterson, Harrod, Harden
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance to set the rate for garbage and trash pickup service for residential customers at $9.50 per residence per month.

Ordinance No. 2145NS was introduced and the title read aloud.

Ordinance No. 2145NS entitled “An ordinance relating to monthly charges for collecting and removal of garbage and rubbish from family dwellings; amending Section 23-38(a), Article II, Chapter 23 of the Code of the City of Shawnee; establishing the rate of nine dollars and fifty cents ($9.50) per month for removal of trash and rubbish from Single, Two-family and Multi-family dwellings; providing for severability; and declaring an emergency.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Peterson, Harrod, Harden, Weaver
NAY: None

A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Weaver, Downing, Harrod, Harden, Peterson
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2145NS duly passed and adopted.
Note: The rate increase will become effective April 1, 2004.






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.

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)

Under Citizens Participation, Mr. Tom Smith, Veteran, appeared before the Commission with a request for creation of a Veterans’ park between Broadway and Union, north of Independence.
Interim City Manager Terry Compton noted that the Veterans’ park was under consideration by staff at that location and other locations.
Oklahoma Department of Transportation Engineer Paul Rachel appeared before the Commission to publicly thank the Sac and Fox Nation for a total of $24 million contributed through the Bureau of Indian Affairs for 12 bridge projects in Pottawatomie and Lincoln counties.
AGENDA ITEM NO. 13: Commissioners Comments.

Under Commissioners Comments, Commissioner Harrod remarked that the railroad tracks on the Harrison-Farrall Loop that had been fixed still had some rough areas and he asked staff to check.








AGENDA ITEM NO. 14: Adjournment.

There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (7:41 p.m.)
AYE: Downing, Peterson, Harrod, Harden, Weaver
NAY: None


______________________________
MAYOR

(SEAL)
ATTEST:

_________________________
CITY CLERK
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