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, November 16, 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
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
Brad Roach
Commissioner Ward 5
INVOCATION Reverend Louis Hopper
Spirit Rain Ministries
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of November 2, 1998 meeting
b. Transfer of Appropriations in Shawnee Municipal Authority and General Fund
c. Acknowledge the following reports and minutes:
* Budget Status Report as of October 31, 1998
* City Clerk Report for the month of October 1998
* Building Inspector Report for the month of October 1998
* Shawnee Police Report for the month of October 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of November 1998
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of October 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of October 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of October 1998
* Utility Division Report for the month of October 1998
* Municipal Court Report for the month of October 1998
* Shawnee Community Center Report for the month of October 1998
* Sister Cities Council minutes of October 13, 1998 meeting
* Planning Commission minutes of October 21, 1998 meeting
* Shawnee Urban Renewal Authority minutes of October 6 and 20, 1998 meetings
* Community Service Contracts Review Committee minutes of October 30, 1998 meeting
* Traffic and Transportation Commission minutes of September 22, 1998 meeting
d. Lakesite Leases
Renewals
Lot 22, Johnston Tract Lot 4, North School Tract
Robert & Sharon Patnaude Tony & Tonya Gentry
19581 NE 23rd 135 Ingram Road
Harrah, OK Shawnee, OK
Transfer
Lot 5, Johnston Tract
Fr: Bob Davis To: Kenneth & Lora Davis
808 North Union 8 Burr Drive
Shawnee, OK Shawnee, OK
e. Recommendations from the Traffic and Transportation Commission meeting of October 27, 1998:
1) Request from Ms. Janice Gardner, 130 East 45th Street, for flashing caution lights on 45th before the entrance to Chapel Ridge.
Recommendation: To deny request.
2) Request from Mr. Gene Terry, 603 West Dewey, for “Deer Crossing” signs on Bryan near MacArthur Street.
Recommendation: To deny request.
3) Request from Mr. Alex G. Baker, Action Honda Kawasaki of Shawnee, 3601 North Harrison, for removal of the “No Parking” signs from the 900 Block East 35th Street.
Recommendation: To remove the “No Parking” signs and install “Loading and Unloading Only” signs on the north side of 35th and the west half of the 900 Block East 35th Street.
f. Authorize staff to advertise for bids on the following equipment for Public Works:
1) Tandem Dump Truck for Streets
2) One Ton Truck for Streets
3) Truck Mounted Flusher for Line Maintenance
g. Mayor’s Appointments and Re-appointments:
SHAWNEE HOSPITAL AUTHORITY
Re-appoint Dr. J. D. Kethley to a six-year term to expire 9/30/04
Re-appoint Dr. Robert J. Barnard to a six-year term to expire 9/30/04
Re-appoint Mr. Robert F. Maynard to a six-year term to expire 9/30/04
Re-appoint Mr. James W. Briggs to a six-year term to expire 9/30/03
Re-appoint Mr. Mark Finley to a six-year term to expire 9/30/03
Re-appoint Ms. Kathy Laster to a six-year term to expire 9/30/03
Appoint Dr. Stephen Trotter to replace Dr. Michael Butcher to a term to expire 9/30/04
Appoint Ms. Michelle Briggs to replace Richard Jones to a term to expire 9/30/99
Appoint Mr. J. Michael Adcock to a one-year term to expire 9/30/99
SHAWNEE LAKE COMMITTEE
Six Month Committee to expire 6/30/99
Commissioner Ron Gillham
Commissioner Bradie Winrow
Commissioner Brad Roach
Planning Director Bill Colclasure
Police Chief Hank Land
City Manager Terry Powell (ex-officio)
Mayor Chris Harden (ex-officio)
CIVIC AND CULTURAL DEVELOPMENT AUTHORITY
Re-appoint Mr. Dennis Brand to a four-year term to expire 12/31/01
LIBRARY BOARD
Re-appoint Mrs. Pattisue Thoman to a three-year term to expire 6/30/01
Re-appoint Mrs. Nancy Bodard to a three-year term to expire 6/30/01
SHAWNEE INDUSTRIAL DEVELOPMENT AUTHORITY
Re-appoint Mr. R. S. Townsend, Jr. to a three-year term to expire 6/30/01
Before the motion was made, it was noted Consent Agenda Item 1 (a) the City Commission minutes of November 2, 1998 be corrected as follows:
Agenda Item No. 11, paragraph 5 delete “excluding the access fees”; change prohibiting to “allowing”; and add the words “establishing a 45 mph.”
The motion with correction should read as follows:
Next, a motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve the Wes Watkins Reservoir rules and regulations allowing personal watercraft and establishing a 45 mph speed limit. Motion carried.
Next, in paragraph 6, add the words “for residents of Shawnee” to immediately follow 50%.
The motion with correction should read as follows:
Next, a motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to recommend to the PCDA to decrease the daily and annual entrance fees by 50% for residents of Shawnee. Motion carried.
Under Consent Agenda 1 (g) delete Civic and Cultural Development Authority re-appointment of Mr. Dennis Brand since it was previously approved.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1, with noted corrections and deletions, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“American Education Week”
November 15-21, 1998
(accepted by Ms. Debbie Downing, President Elect of Shawnee Association of Classroom Teachers)
AGENDA ITEM NO. 3: Presentation of quarterly report on the Shawnee Economic Development Foundation by Bob Jones, President.
Mr. Bob Jones, Shawnee Economic Development Foundation President, issued copies of the Third Quarterly Report, January 1, 1998 – September 30, 1998 to the Commission and turned the time over to the SEDF Vice President to give the report.
Ms. Pat McCormick, SEDF Vice President, gave an overview of the activities.
She first expressed appreciation to the City Commission and staff for their cooperation and participation in promoting economic growth for the Greater Shawnee area.
She highlighted the following areas:
*Capital improvements one-cent sales tax has been beneficial to many areas such as the establishment of new commercial businesses, established industries, development of housing, better jobs, and overall improvements made to the quality of the community
*Established Industry-SEDF worked with 23 established industries. The types of assistance staff offered were: preparing proposals for expansion projects, infrastructure needs, expansion plans and incentive packages are some of the items. Twenty-three (23) local manufacturing companies are in the process of expanding or planning for expansion.
*Marketing-the SEDF’s marking programs include programs that provide the most one-to-one contacts with site consultants and company CEOs. The third quarter resulted in 475 direct mailing; 87 proposals, presentations and inquiries; and 21 Shawnee manufacturing site visits
Concluding the report, Mr. Jones informed the Commission that he had brought copies of SEDF’s Audit Report for FY 1996-1997 for their information to be distributed by the City Clerk.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance for a conditional use permit on property located at 111 North Kickapoo from zoning classification C-4, Downtown Commercial District to C-4P, Downtown Commercial District with a conditional use permit to sell beer on premises. (Applicant: Garth Nixon for AMVETS) (Continued from 11/2/98 meeting).
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 111 North Kickapoo for use as a bingo hall and a permit to sell beer on premises as requested by AMVETS aka The American Legion, Post 16.
It was noted that the Planning Commission and staff recommended approval of the application and there was one formal written protest filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. Garth Nixon appeared on behalf of the AMVETS stating the organization’s reason for requesting the zoning change was to generate funds to pay the rent on the Service Officer’s office in the north part of the building. Mr. Nixon stated that the officer sees approximately 50 clients per week.
COMMISSIONER ROACH NOW PRESENT AT 7:47 P.M.
Those appearing in protest were Mr. Bob Brown, Brown Distributing, a neighboring business; Mr. Doyl Beck, Kajlb Frozen Foods, 101 South Kickapoo; Margaret Morris, South Central Industries, 130 N. Louisa; Mr. J. R. Raley, 109 N. Louisa; and Mr. Alex Baker, neighbor, all protesting and voicing concerns about intoxicated people walking around the businesses; concerned about the welfare of area adults with development disabilities who are easily led; lack of parking; and dangerous traffic near Main and Kickapoo.
Commissioner Gillham stated he also was concerned with the streets not clear near residential area, critical parking, drinking and driving, and enough bars in the downtown area.
There being no further persons to appear, the public hearing was closed.
A motion was made by Commissioner Gillham, seconded by Commissioner Young, to deny the conditional use permit as requested by the AMVETS. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 4734 North Kickapoo from zoning classification A-1, Agricultural District to C-3, Automotive and Commercial Recreation District for use as a restaurant. (Applicant: Dixie Restaurants, Inc.).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 4734 North Kickapoo for use as a family-style restaurant as requested by Dixie Restaurants, Inc.
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. 1904NS was introduced and the title read aloud.
Ordinance No. 1904NS 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 part of the Southeast Quarter (SE/4) of Section Thirty-six (36), Township Eleven (11) North, Range Three (3) East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at the Southeast Corner (SE/C) of said Southeast Quarter (SE/4); thence North 0°5’3” East along the east line of said Southeast Quarter (SE/4) for a distance of 1358.26 feet; thence North 89°54’57” West a distance of 50.00 feet to the point of beginning; thence continuing North 89°54’57” West a distance of 250.00 feet; thence North 0°5’3” East a distance of 264.00 feet; thence South 89°54’57” East a distance of 250.00 feet; thence South 0°5’3” West a distance of 264.00 feet to the point of beginning; said described tract contains 66,000 square feet; rezoning said property from zoning classification A-1, Agricultural District to C-3, Automotive and Commercial Recreation District; 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 Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
A motion was made by Commissioner Winrow, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1904NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance prohibiting the use and possession of laser pointing devices in certain situations.
Before considering the ordinance, Police Chief Hank Land explained that the members of the Police Department had requested an ordinance regulating the use and possession of laser pointing devices. The purpose is to prohibit any persons; and in particular, minors to possess or use any laser pointing device for any purpose other than that for which it is designed and particularly prohibits the laser at sporting events or school functions, except where authorized.
Mr. Land indicated that some of the police officers had lasers being pointed at their chest and it was a frightening experience. He noted that hopefully this ordinance will send a message for all persons to leave the devices at home.
Ordinance No. 1905NS was introduced and the title read aloud.
Ordinance No. 1905NS entitled “An ordinance regulating the use and possession of laser pointing devices in the City of Shawnee; creating a new Section 18-39, Article I, Chapter 18 of the Code of the City of Shawnee; making it illegal for persons to possess a laser pointing device at any school function or sporting event; making it illegal for minors to possess laser pointing devices for any purpose the device is not designed for; providing for exceptions at school or sporting events for persons authorized by the sponsoring organization; setting punishment; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1905NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider a resolution supporting the Shawnee School Bond Election scheduled for December 8, 1998.
Resolution No. 6011 was introduced and the title read aloud.
Resolution No. 6011 entitled “A resolution supporting the Shawnee School Bond Election scheduled for December 8, 1998 in the City of Shawnee, Oklahoma and recommending to the citizens of the City of Shawnee that they cast their votes in support of the school bond.”
A motion was made by Commissioner Winrow, seconded by Commissioner Young, that the Title and Resolution be approved. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Resolution No. 6011 duly passed and adopted.
AGENDA ITEM NO. 8: Consider adoption of a Citizen Participation Plan which is required by Housing & Urban Development.
Community Development Director Bill Colclasure reported to the Commission that in order to continue receiving funding for the Community Development Block Grant from the Department of Housing and Urban Development (HUD), that they were complying with its requirements.
He stated that the adoption of the Citizen Participation Plan will provide for and encourage citizen involvement. He pointed out that the Plan directs the City to provide communication of the program through public hearings, publication and media announcements of funding, receiving citizen responses, and conducting surveys regarding the needs of the community.
Mr. Colclasure concluded his report by stating that the main focus of the funding is for housing improvements and he gave a brief overview of the various types of housing programs the grant provides.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the Citizen Participation Plan be adopted as required by the Department of Housing & Urban Development. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 9: Consider the recommendation from the Community Service Contracts Review Committee meeting of October 30, 1998 to honor the current contract with the Downtown Shawnee Program and pay the quarterly payment that has been delayed due to financial problems with the program.
A motion was made by Commissioner Roach, seconded by Commissioner Young, to approve the contract with Downtown Shawnee and pay the quarterly payment. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 10: Consider service fee agreement for enhanced emergency number E911 service.
Mr. Hank Land, Police Chief, explained about the purpose of the service fee agreement for E911 with LOGIX Communications Corporation.
He advised that several years ago the Telecommunications Act was passed by Congress to allow other companies in direct competition with Southwestern Bell to provide telecommunication services. He noted that the agreement ensures that the City of Shawnee E9ll fee will continue to be paid by other companies that provide services within the City’s designated service areas.
He advised that LOGIX does not have service in the Shawnee area, but the contract would allow for collection of fees if the company was to expand to this area.
A motion was made by Commissioner Gillham, seconded by Commissioner Winrow, to approve the service fee agreement for the enhanced emergency number E911 services. Motion carried.
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None
AGENDA ITEM NO. 11: Consider recommendations from the Insurance Committee on the bids for property insurance for the City of Shawnee. (Continued from 10/19/98 and 11/2/98 meetings).
City Manager Terry Powell informed the Commission that the property insurance proposals had not been received until today and the Insurance Committee had not met to review the proposals to give a recommendation. He requested that this item be deferred to the next meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to approve staff’s recommendations to defer the property insurance item for the City of Shawnee to the next meeting. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider request from the Pottawatomie County Historical Society for a professional inspection of the Beard Cabin in Woodland Park and the Santa Fe Museum for damages caused from the storm on October 4, 1998. (Deferred from 11/2/98 meeting).
In consideration of the Beard Cabin and the Philadelphia Humane Society Horse Trough relocation, City Manager distributed copies of an interoffice memorandum he had received from Operations Superintendent Robert Rimer listing a breakdown of the quotes of costs involved.
He reported that the costs estimated for the relocation and repairs to the Beard Cabin, damaged in the October 4th storm, and the horse trough, would be approximately $10,925.00.
Mr. Powell commented that staff had reason to believe that assistance from the Cleo L. Craig Foundation would be granted.
In discussion, Commissioner Gillham had expressed concerns about the elevation to where the Beard Cabin and horse trough would be relocated which is north of the Santa Fe Depot Museum, as recommended by The Historical Society of Pottawatomie County.
Concluding discussion, City Manager Terry Powell informed the Commission that a study would be conducted on the area to be brought back to the Commission along with costs for the Commission’s final approval.
AGENDA ITEM NO. 13: Discuss update on damage to the Norwood Building at Main and Broadway as submitted by Landes Engineering.
At this time, Community Development Director Bill Colclasure gave an update on the process being taken regarding the long-time vacant Norwood Hotel located on the corner of Main and Broadway which was damaged in the October 4, 1998 storm.
Mr. Colclasure advised the Commission that he had visited with the owners to discuss the disposition of the building and noted that they did not have the finances to demolish or rebuild the building.
He advised that Landes Engineering and city staff had inspected the building and determined that the structure was beyond repair and demolition should be considered immediately for the public’s health and safety welfare. At a later meeting, the building was determined to be a public nuisance and abatement procedures were in order.
He advised that he contacted two environmental firms this date to get estimates on the costs to conduct tests to determine if lead-based paint and asbestos were in the building. He stated that the company with the best bid would perform the inspection and if determined the two elements were in the building, then they would be removed before tearing down the building.
Continuing the report, Mr. Colclasure stated that he was in the process of contacting demolition companies to abate the nuisance.
In discussion, he informed the Commission that the Department of Housing and Urban Development (HUD) has authorized the City to utilize its CDBG funds for an estimated amount of $115,000 for removal of the building and basement. The total estimated cost was $150,000, which included the inspection fees and removal of the lead-based paint and asbestos.
Commissioner Claybrook expressed concerns about proceeding with the demolition without going through the bidding process.
City Attorney John Canavan also advised that the City is required to abate a public nuisance; and under the current circumstances the steps to proceed as soon as possible was within the realm of the City’s ordinances. He stated that the City Commission could give guidance to staff as to the form of direction it should go and a motion was in order if the Commission so desired.
Mr. Colclasure advised that while the inspections were being done, that he would take bids for demolition and present to the City Manager for his consideration and he could inform the Commission if that was their preference.
A motion was made by Commissioner Roach, seconded by Commissioner Young, that staff be authorized to proceed with the abatement process of the Norwood Hotel building and the two vacant buildings with a limit of $150,000.00 to be used from the CDBG funds and secure competitive bidding for the demolition of the building. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
Concluding the item, Mr. Colclasure assured the Commission that he would not proceed with expending funds for demolition until he had checked with City Manager Powell.
AGENDA ITEM NO. 14: Consider bids on the Sanitary Sewer Rehabilitation Project (award).
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to award the bid on the Sanitary Sewer Rehabilitation Project to Jordan Contractors in the amount of $386,195.00 (base bid + add. Alt. #2), as the lowest and best bid. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Under Citizens Participation, Mr. Paul Mehagan, owner of Noah’s Arc Petting Zoo, appeared before the Commission commenting that he was under the impression his concerns would be considered on tonight’s agenda, but found out it was not scheduled.
Mr. Mehegan again asked for permission to continue his business of operating a free childrens petting zoo at his residence on Leo Street.
Community Development Director Bill Colclasure explained the Zoning Code did not allow a private zoo in the city limits of Shawnee.
COMMISSIONER WINROW OUT OF ROOM AT 8:55 P.M.
COMMISSIONER WINROW NOW PRESENT AT 8:58 P.M.
City Attorney John Canavan advised that the staff could start the ordinance process for consideration by the Commission.
After a 25-minute discussion, it was the Commission’s consensus to place this request on the next meeting agenda for consideration.
Next, Mr. Dorn Weaver II, employee at Mobil Chemical Company, appeared before the Commission with a map he had designed requesting improvements on the roads leading to the industrial plants north of the City.
COMMISSIONER CLAYBROOK OUT OF ROOM AT 9:06 P.M.
COMMISSIONER CLAYBROOK NOW PRESENT AT 9:08 P.M.
His concerns included potholes, streets in need of striping, upgrade bridges, and no guardrails.
City Manager Terry Powell explained that the Oklahoma Department of Transportation (ODOT) had committed to paying fifty percent of the costs if Wolverine announced expansion, but since they have not, the City is in the process of reapplying and no new funds will be available until June, 1999. It would also depend upon the one-cent sales tax passing next year.
In discussion, Public Works Director James Cole stated that the city crew could stripe the roads in the meantime.
Mr. Weaver stated that he would continue his efforts in getting the roads improved.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 17: New Business.
There was no New Business presented.
AGENDA ITEM NO. 18: 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. (9:16 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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