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, October 5, 1998 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 Max Shumake
First Presbyterian Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of September 21, 1998 meeting
b. Transfer of Appropriations in General Fund
c. Budget Amendments in Gifts & Contributions, Capital Improvement and General Fund
d. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of August 20, 1998 meeting
* Shawnee Urban Renewal Authority minutes of September 9, 1998 meeting
* Traffic and Transportation Commission minutes of July 28, 1998 meeting
e. Lakesite Lease Renewal
Lot 15, Magnino Tract
Robby & Deborah Parsons
PO Box 1033
Shawnee, OK
f. Recommendations from the Traffic and Transportation Commission meeting of September 22, 1998:
1) Request from Linda Spaugy, 2104 North Tucker, for a “Slow-Deaf Child at Play” sign in the 2100 Block North Tucker.
Recommendation: To approve request.
2) Request from Mr. Doug Sands, 806 East Rosa, requesting a “Slow-Deaf Child at Play” sign in the 800 Block East Rosa.
Recommendation: To approve request.
3) Request for “No Parking” signs just south of the intersection of Bryan and Highland on Bryan Street.
Recommendation: To approve request.
4) Request from Mr. Reuben Herman, 21 Mojave, for “No Parking” in the 1400 Block East Independence.
Recommendation: To deny request.
5) Request from Mr. & Mrs. J. V. Childers, 1423 North Tucker, for a stop sign at the corner of Tucker and Seymour.
Recommendation: To deny request.
g. Approve agreement with Grove School for the City’s contribution to help with a sewer line.
h. Authorize the City Manager to execute the contract with COMEA.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-h), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations:
Mayor Harden presented the following proclamations:
“Fire Prevention Week”
October 4-10, 1998
(accepted by Jimmy Gibson, Shawnee Fire Code Enforcement Officer)
“The 25th Anniversary of the Family Motor Coach Association’s
Annual Six-State Area Rally”
October 7-9, 1998
(accepted by Tony Woodall, Shawnee Visitors and Convention Bureau)
AGENDA ITEM NO. 3: City Manager’s Presentation:
City Manager Terry Powell presented certificates of award and $25.00 gift certificates to seven employees in the Utility Department as the September “Employees of the Month” in recognition of their excellent and dedicated service during a water line break on the grounds of Mission Hill Memorial Hospital. The employees are: Glen Presley, Line Maintenance Supervisor, Jim Bierd, Line Maintenance Superintendent, and Line Maintenance Crew Members Mike McClendon, Carl Cornett, Craig Sutton, Gary Thomas and David Childers.
AGENDA ITEM NO. 4: Consider ordinances relating to Municipal Elections in the City of Shawnee, either establishing a General Election for all candidates and a General Runoff Election if no candidate receives in excess of fifty per cent of the votes cast at the General Election, establishing the dates and filing period for the General Election and the Runoff Election or just amending Sections of the Charter changing the time for holding General Elections.
City Attorney John Canavan presented two ordinances relating to Municipal Elections for the Commission’s consideration.
After due and careful consideration, Ordinance No. 1899NS was introduced and the title read aloud.
Ordinance No. 1899NS entitled “An ordinance relating to municipal elections in the City of Shawnee; amending Sections 2, 3, 4, 5, 7, 8, 9, and 10 of Article XIV of the Charter of City of Shawnee; establishing a general election for all candidates and a general runoff election if no candidate receives in excess of fifty per cent (50%) of the votes cast at the general election; establishing the date for the general election on the first Tuesday in March of every even-numbered year; changing the filing period to the second Monday in January of every even-numbered year; establishing the general runoff election on the fourth Tuesday in April of every even-numbered year; fixing effective dates; and providing for severability.
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the Title and Sections 1-10 be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1899NS duly passed and adopted. The election will be held February 9, 1999.
AGENDA ITEM NO. 5: Consider a resolution calling for a special election on the question of amending the Charter Election times and/or proceedings.
City Attorney John Canavan presented two resolutions calling for a special election for the Commission to consider.
After due and careful consideration Resolution No. 6009 was introduced and the title read aloud.
Resolution No. 6009 entitled “A resolution calling an providing for the holding of a special election in the City of Shawnee, Oklahoma for the purpose of amending the Charter of the City of Shawnee, Oklahoma to establish a general election for all candidates and a general runoff election if no candidate receives in excess of fifty percent (50%) of the votes cast at the general election, establishing the date for the general elections on the first Tuesday in March of every even-numbered year; establishing the general runoff election on the fourth Tuesday in April of every even-numbered year; providing that said election be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
Thereupon Mayor Harden declared Resolution No. 6009 duly passed and adopted.
The election will be held February 9, 1999.
AGENDA ITEM NO. 6: Consider a resolution condemning property on Federal Street for paving project.
Resolution No. 6010 was introduced and the title read aloud.
Resolution No. 6010 entitled “A resolution declaring it to be a matter of public necessity to acquire certain easement for the purpose of construction and expansion improvements known as the proposed Federal Street Paving Project; said Federal Street Paving Project aka Parcel No. 47 MEGC-5510 (10) with said easement to be a part of the Federal Street Paving Project Improvements to the City of Shawnee; describing said easement; and authorizing the City Manager and the City Attorney to acquire said easement by purchase or condemnation.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham NAY: None
Thereupon Mayor Harden declared Resolution No. 6010 duly passed and adopted.
AGENDA ITEM NO. 7: Consider re-opening Lot 7, Hart Tract, Shawnee Lake Number One for lease.
Community Development Director Bill Colclasure advised the Commission that Lot 7, Hart Tract, had been returned to the City in 1991 and had been returned to public use at the recommendation of the Lake Ranger, Glen Collins.
He noted the lot has a beautiful view and good layout. There is a cabin on the lot and will have to be torn down, but with the demand for lots at the Shawnee Lake, staff recommends the lot be re-opened for lease.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to re-open Lot 7, Hart Tract, Shawnee Lake Number One
for lease. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance establishing the parameters for docks and boat houses on Shawnee Lake Number One.
Community Development Director Bill Colclasure appeared before the Commission to address the guidelines for boat docks and boat houses the Commission had previously approved. He stated the Code provides for 20’x 20’ boat docks and boat houses, but with the numerous docks being built and the standard size for boats being increased, staff recommended amending the current ordinance to 30’x 30’ boat docks and boat houses. This will provide for a 26’x 9’ slip for boats and two 4- foot walkways.
He also advised that staff was recommending an increase of $100.00 for Shawnee lessees with a boat dock or boat house and $200.00 for non-resident lessees.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, to consider the ordinance for discussion purposes.
Mayor Harden now declared a public hearing to allow the lease holders to address their concerns.
The following persons appeared on behalf of the lease holders and expressed their concerns regarding burden of costs to lease holders, lack of fire and police protection, and upkeep of the roads. Mr. Donald Forsberg, Ms. Debbie Parsons, Mr. Walker Butts, Dr. Barbara Vrana, Mr. Jerry Mankin, Mr. Loyle Coleman, Mr. Zig Ziegler, Ms. Candice Mace, and Mr. Marion Brooks. The public hearing was closed.
Commissioner Claybrook noted he had reviewed the cabin site lease and he had concerns that by adding the fee for boat docks and boat houses the City would be violating the “spirit” of the lease.
City Attorney John Canavan explained that the City had the right to raise fees but not until the lease term was due for renewal or a transfer. Commissioner Roach commented that he felt the City had the right to charge for the boat docks and enforce the laws that had not been enforced for over fifty years. He emphasized that with such costs it allows for improvements and better government at the lake and it is not a punitive measure against the lease holders.
Commissioner Gillham also commented that he understood the concerns of the lessees, but the Commission was also representing 26,000 citizens of Shawnee and he would like more time to get input from citizens who do not have a lakesite lease in regards to the lake.
City Manager Powell noted there are two people assigned to the lake, Lake Ranger Glen Collins and Police Officer Steve Leader. Police Chief Hank Land added that two to three officers are assigned during the summer while school is not in session since these are officers that police the schools.
COMMISSIONER CARL YOUNG OUT OF ROOM AT 8:45 P.M.
COMMISSIONER CARL YOUNG NOW PRESENT AT 8:47 P.M.
Commissioner Roach asked about the fire protection and City Manager Powell stated there was a long term plan for a fire station to be located north and at the lake.
Fire Chief James Roberts advised that the Shawnee Fire Department currently responds from town and Bethel Fire Department also assists.
After discussion, the Commissioners agreed that further study would be required; therefore, the motion and second on the floor were withdrawn and a new motion was in order.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to defer this item to the October 19, 1998 meeting to allow for further study by the Commission. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: Young
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, to accept staff’s recommendation and award bid for the Intermediate Size Hydraulic Paving Breaker to OTC Equipment, Inc., Oklahoma City, Oklahoma, for $9,990.00 as the lowest and best bid. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 10: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 11: Administrative Reports.
Under Administrative Reports, City Manager Terry Powell addressed the problems the City was facing after the storms of the previous night.
Fire Chief James Roberts advised that FEMA was assessing damage to the Shawnee area. He also noted that the off duty firemen were helping with the downed trees and limbs.
Public Works Director James Cole reported that citizens could take tree limbs to the Public Works Center on South Kickapoo and to the old parks building on Airport Drive.
AGENDA ITEM NO. 12: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the meeting be adjourned. Motion carried. (9:18 p.m.)
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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