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, January 19, 1999 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6 - Vice Mayor
INVOCATION Reverend Louis Hopper
Spirit Rain Ministries
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 13
b. Minutes of January 4, 1999 meeting
c. Budget Amendment in Gifts and Contributions
d. Acknowledge the following reports and minutes:
* Budget Status Report as of December 31, 1998
* City Clerk Report for the month of December 1998
* Building Inspector Report for the month of December 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of January 1999
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of December 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of December 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of December 1998
* Utility Division Report for the month of December 1998
* Municipal Court Report for the month of December 1998
* Shawnee Community Center Report for the months of November and December 1998 and Quarterly Report for October, November, December 1998
* Shawnee Public Library Board minutes of December 8, 1998 meeting
* Planning Commission minutes of December 16, 1998 meeting
* Shawnee Urban Renewal Authority minutes of December 22, 1998 meeting
e. Lakesite Leases
Renewals
Lot 12, Damron Tract Lot 1, Magnino A Tract
Charles Knox & Monty Garner Nina Ann Rosson
401 North Aydelotte PO Box 94514
Shawnee, OK Oklahoma City, OK
Lot 6, Renfro Tract
Glenn & Lesalee Hinkle
1322 East Parker
Shawnee, OK
Transfer
Lot 6, Coffman Tract
Fr: Ronny & Beverly Collier To: Wayne & Barbara O’Berg
161 Parry Road PO Box 1070
Shawnee, OK Bethany, OK
f. Mayor’s Appointment:
ZONING BOARD OF ADJUSTMENT
Appoint Mrs. Katie Case to a three-year term to expire 6/1/02
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Consent Agenda Item No. 1 (a-f) be approved.
Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Harden presented a resolution of appreciation to Mr. Harris VanWagner for more than thirty-two years of service on the Shawnee Library Board. Accepting in his behalf was his spouse, Mrs. Mildred VanWagner and his son and daughter-in-law, Mr. & Mrs. George VanWagner.
Resolution No. 6017 was read in full.
Resolution No. 6017 entitled “A resolution of appreciation for the outstanding service of Harris VanWagner as a member of the Shawnee Library Board for the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said Harris VanWagner.”
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Resolution No. 6017 duly passed and adopted.
AGENDA ITEM NO. 3: Presentation of Shawnee Community Center Annual Report for 1998 by Lerlene Hill, Director.
Ms. Lerlene Hill, Director of the Shawnee Community Center, presented the annual report for 1998.
Ms. Hill read into record the statistics of the year’s events and reported the following:
*Number of events 2,718
*Participation 60,453
*Hours 7,024.25
*Contributions $5,719.00
In addition, Ms. Hill highlighted various activities that were sponsored by the Community Center Heritage Library. She stated that the Center celebrated its five-year anniversary in September 1998; in February unveiled the portrait of Staff Sgt. Ruben Rivers, a black war veteran; held the “Darrien Gordon Day” parade honoring Darrien Gordon, who graduated from Shawnee High School and current professional football player with the Denver Broncos; and sponsored the Pottawatomie County Historical Society Heritage Achievement Award.
Ms. Hill introduced her new assistant, Ms. McClain and recognized Mr. Archie Hill, her husband, as her number one volunteer.
Concluding her report, Ms. Hill commented that the Center continues to sponsor the after-school programs for children and students from St. Gregory’s and Oklahoma Baptist University continue to volunteer tutoring to students.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 123 West MacArthur from C-1, Neighborhood Commercial District to C-3P, Automotive and Commercial Recreation District with a conditional use permit to sell alcohol to be consumed off premises. (Applicant: Gail Yell; Bottoms Up Liquor Store)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 123 West MacArthur with a conditional use permit to sell alcohol to be consumed off premises.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1912NS was introduced and the title read aloud.
Ordinance No. 1912NS 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 One (1), Two (2), Three (3) and Four (4), less the north 107 feet; and Lot Five (5), less the north 107 feet of the east 9 feet; and all Lot Six (6); and the east 19 feet of Lot Seven (7), Block Four (4), Rose Garden Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-1, Neighborhood Commercial District to C-3P, Automotive and Commercial Recreation District with a Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Gillham, Harden, Roach, Claybrook
NAY: Young, Winrow
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Downing, Gillham, Harden, Roach
NAY: Young, Winrow, Claybrook
Thereupon Mayor Harden declared Ordinance No. 1912NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 24-34 West MacArthur from C-1, Neighborhood Commercial District to C-3P, Automotive and Commercial Recreation District with a conditional use permit for a dry cleaning plant. (Applicant: Robert Kennedy).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 24-34 West MacArthur with a conditional use permit for a dry cleaning plant.
It was noted that the Planning Commission made no recommendation of the application and there was a formal written protest filed. The Planning staff had recommended approval.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning. No persons appeared and the public hearing was closed.
The Commission had questions and Community Development Director Bill Colclasure gave the staff report. He reported that the protest was from the property owner on the west side and he protested due to the use of cleaning fluids emitting odors and being flammable.
Mr. Colclasure stated that he had spoken with the City’s Fire Marshal and the State Fire Marshal’s office regarding the cleaning chemicals and they advised that the cleaning chemicals are non-flammable. He further advised that the City’s Mechanical Code and State Air Quality will monitor and insure no harmful odors will be allowed in the building.
After due and careful consideration, Ordinance No.1913NS was introduced and the title read aloud.
Ordinance No. 1913NS 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 West 300 feet of Block Three (3), Wyant’s First Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof, rezoning said property from zoning classification C-1; Neighborhood Commercial District to C-3P, Automotive and Commercial Recreation District with a Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Winrow, Roach
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1913NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance for a conditional use permit on property located at 3900 North Harrison from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with a conditional use permit to sell beer to be consumed on premises. (Applicant: Ruoshu Chen for China Cafe).
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 3900 North Harrison to sell beer to be consumed on premises.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1914NS was introduced and the title read aloud.
Ordinance No. 1914NS 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 beginning at the Northeast Corner (NE/C) of the South 7.55 acres of Lot W to Armourdale Addition to the City of Shawnee, Pottawatomie County, Oklahoma, thence South 200 feet; thence West 300 feet; thence North 200 feet; thence East 300 feet to the point of beginning, according to the recorded plat thereof; granting permissive use application for said property to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit; amending the official map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Gillham, Claybrook, Harden, Winrow, Roach, Downing
NAY: Young
A motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Winrow, Downing, Harden, Roach
NAY: Claybrook, Gillham, Young
Thereupon Mayor Harden declared Ordinance No. 1914NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance for a conditional use permit on property located at 715 East Independence from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with a conditional use permit to sell beer to be consumed on premises. (Applicant: Enrique Estrada for Abuelita’s Mexican Restaurant).
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 715 East Independence to sell beer to be consumed on premises.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1915NS was introduced and the title read aloud.
Ordinance No. 1915NS 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 One (1), and Eight (8), less and except a tract of land described as beginning 33 feet South and 33 feet West of the Northeast corner (NE/C) of Section Eighteen (18), Township 10 North, Range 4 East; thence South 125 feet; thence West 75 feet; thence North 125 feet; thence East 75 feet to the point of beginning, Yates Addition to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof; granting Permissive Use application for said property to C-3P, Automotive and Commercial Recreational District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Gillham, Claybrook, Harden, Roach, Downing
NAY: Young, Winrow
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved.
Motion failed.
AYE: Downing, Roach, Harden
NAY: Claybrook, Gillham, Young, Winrow
Thereupon Mayor Harden declared Ordinance No. 1914NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 8: Consider approval of short form subdivision located in the 4300 Block North Bryan. (Applicant: Rick Austin; Austin Development).
Staff member Bill Colclasure gave a report noting that the applicant’s request is for approval for a short-form subdivision to build two homes as a test for affordable housing units.
It was noted the Planning Commission and Planning staff recommended approval and the request was in compliance with subdivision regulations.
Mr. Rick Austin, the applicant, appeared before the Commission and advised them that he wanted to build two homes that are in the moderate range of $75,000-$100,000 that are partially bricked and with siding to determine if these type of homes would be in demand.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to approve the short form subdivision located in the 4300 Block North Bryan as presented by Rick Austin, Austin Development.
Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance changing the number of meetings per year to be held by the Airport Advisory Board.
Ordinance No. 1916NS was introduced and the title read aloud.
Ordinance No. 1916NS entitled “An ordinance changing the number of meetings per year to be held by the Airport Advisory Board of the City of Shawnee; amending Section 2 of Ordinance No. 1856NS of the City of Shawnee, Oklahoma; establishing that the Airport Advisory Board shall meet quarterly commencing in March 1999; and declaring an emergency.”
A motion was made by Commissioner Winrow, seconded by Commissioner Young, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
A motion was made by Commissioner Young, seconded by Commissioner Winrow, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Young, Winrow, Roach, Downing, Gillham, Harden
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1916NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider a resolution adopting the Safety Program for the City of Shawnee and appointing the Personnel Director as Safety Officer.
Personnel Director Allen Benelli reported to the Commission that he had worked closely with the State of Oklahoma Department of Labor OSHA Consultation Services to modify and revise the City’s safety program and safety manual to comply with current federal and state safety regulations.
He reported that City employees had worked diligently over recent months on safety training and certification for various areas such as bloodborne pathogens, confined space entry, and various related safety topics.
Mr. Benelli informed the Commission that the laws also require that a Safety Officer be designated and that the City’s designated officer would be the Personnel Director.
Resolution No. 6018 was introduced and the title read aloud.
Resolution No. 6018 entitled “A resolution authorizing, approving and endorsing the City of Shawnee Safety Program.”
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the Title and Resolution be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Resolution No. 6018 duly passed and adopted.
AGENDA ITEM NO. 11: Consider a resolution in support for the Aldridge Hotel rehabilitation project.
The Commission next considered a proposed resolution supporting the Aldridge Hotel rehabilitation project for elderly housing.
Mr. Bill Colclasure, Community Development Director, informed the Commission that a joint partnership between Action, Inc. and MetroPlains Properties, Inc. are applying to the Oklahoma Housing and Finance Agency for Low-Income Housing Tax Credits to rehabilitate the Aldridge Hotel for a multi-unit elderly housing development. He advised that there will seventy (70) units in the hotel.
Resolution No. 6019 was introduced and the title read aloud.
Resolution No. 6019 entitled “A resolution of support for the Aldridge Hotel Rehabilitation Project, a multi-unit elderly affordable housing development.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Resolution No. 6019 duly passed and adopted.
AGENDA ITEM NO. 12: Consider authorizing staff to advertise for bids on the North Union Street Improvement Project (North of 45th Street).
City Manager Terry Powell reminded the Commission that in July, 1998, it had given authorization for staff to design preliminary plans for 800 feet of the Union Street north of 45th Street to be paved subject to right-of-ways being secured and also research the entire one-half (1/2) mile to the I-40 Frontage Road.
He informed the Commission that city staff and Mr. Warren Thomas, representative of the newly constructed Chapel Ridge Apartments next to Union Street, was optimistic that the right-of-ways could be secured from the property owners. He mentioned that five property owners had been contacted.
He advised that the engineering staff had developed the plans and were being presented at this meeting. He then called upon the City’s engineer to give his report.
City Engineer John Krywicki stated that the estimated cost of construction for the project would be $375,000.00. He reported that the road would be for a two-lane ‘open section’ type roadway running from 45th Street to a one-half (1/2) mile north to eventually connect with the future Frontage Road that is to be extended by the developer.
Mr. Krywicki advised the Commission that staff was ready to proceed and requested authorization to advertise the project for bids pending the City receive the needed right-of-ways.
Discussion ensued with Commissioner Claybrook voicing his concerns about the developer following through with completing its part of the project and asked if there were any guarantees the developer could give the City.
In response, City Attorney John Canavan stated that cash in escrow would be a one hundred percent (100%) guarantee or work out some type of agreement with the developer.
Commissioner Roach replied that it was his opinion the developer had demonstrated to be reliable by constructing the Chapel Ridge Apartments and was in the expansion phase, which the Commission supported by committing to paving the 800 feet, and now it was time to expedite the project.
A motion was made by Commissioner Roach, seconded by Commissioner Young, to approve staff to advertise for bids on the North Union Street paving project contingent upon the right-of-ways being received; to bid the project in phases of 1,200 feet or the total length with costs comparisons; and for the developer to provide escrow to guarantee its share of the project. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 13: Consider Bids.
a. Wallace Street Paving Project Pesotum to Draper (Contract No. CDBG-98-1) (award)
City Engineer John Krywicki presented the bid tabulations and reported that Iron Horse Construction of Shawnee was the low bidder in the amount of $81,741.00 and since the bid was $16,484.76 lower than the next bid, he was recommending to award the bid to Iron Horse Construction contingent upon receiving the required bonding.
Mr. Krywicki qualified his recommendation by stating that after checking references since this company is relatively new, he could not recommend the company, but staff was recommending the bid.
He also noted that the company had no paving or water line installation experience, but would be subcontracting the paving operations to an experienced contractor.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to accept City Engineer John Krywicki’s recommendation to award the Wallace Street Paving Project to the low bidder, Iron Horse Construction, Shawnee, Oklahoma, in the amount of $81,741.00 contingent on Iron Horse meeting the bonding requirements. Motion carried.
AYE: Young, Downing, Gillham, Harden, Winrow
NAY: Claybrook, Roach
The following bids were opened, read aloud and found to be as follows:
b) Four or more 1999 ½ Ton Pickup Trucks (open)
BIDDER AMOUNT
Brackeen Motors Inc. $15,408.00
Harvey’s Inc. 15,241.00
Klement Ford of Shawnee 14,831.00
United Motors 15,934.62
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to defer all bids to staff for further review and a recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
c) One 1999 1-Ton Pickup Cab and Chassis (open)
BIDDER AMOUNT
Harvey’s Inc. $18,630.00
Klement Ford of Shawnee 18,784.00
United Motors 19,822.50
Brackeen Motors 19,050.00
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to accept staff’s recommendation to defer all bids to staff for further review and a recommendation at the next City Commission meeting. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 14: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
There was no Citizens Participation.
AGENDA ITEM NO. 15: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 16: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (8:45 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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