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, December 7, 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 Doby Williams
South Rock Creek Assembly of God
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. 12
b. Minutes of November 16, 1998 meeting
c. Transfer of Appropriations in Public Works Department and Shawnee Municipal Authority
d. Budget Amendments in General Fund, Capital Improvement Fund and CDBG 98 Entitlement Fund
e. Acknowledge the following report and minutes:
* Building Inspector Report for the month of November 1998
* Planning Commission minutes of November 4, 1998 meeting
* Civic and Cultural Development Authority minutes of October 15, 1998 meeting
* Shawnee Public Library Board minutes of November 10, 1998 meeting
f. Lakesite Leases
Renewals
Lot 15B, Belcher Tract Lot 4, South School Tract
Tom & Vivian Gabel Robert W. Cox
17 Post Office Neck 1818 West University
Shawnee, OK Shawnee, OK
Transfer
Lot 14, Magnino A Tract
Fr: Richard & Sally White To: Don & Teiko Hulme
7728 NW 26th 5413 Huddleston
Bethany, OK Oklahoma City, OK
g. Mayor’s Appointment:
TOURISM ADVISORY COMMITTEE
Appoint Mr. Chuck Mills for a three-year term to expire 6/30/01
h. Authorize staff to advertise for bids on two mowers for parks maintenance, one for the cemetery and one for the airport.
i. Acknowledge yearly calendar for regular meetings for the City Commission and Related Authorities.
j. Approve Oklahoma Municipal Retirement Fund application for retirement pension with lump sum payment for James Fountain.
A motion was made by Commissioner Young, seconded by Commissioner Winrow, that Consent Agenda Item No. 1 (a-j), inclusive, be approved. Motion carried.
AYE: Young, Winrow, Roach, Downing, Claybrook, Gillham, Harden
NAY: None
AGENDA ITEM NO. 2: Presentation of Certificate of Achievement for Excellence in Financial Reports to the City of Shawnee for its Comprehensive Annual Financial Report for the fiscal year ended June 30, 1997 by Marcy Alexander, Government Finance Officers Association.
Ms. Marcy Alexander, Government Finance Officers Association, presented the City of Shawnee a Certificate of Achievement for Excellence in Financial Reports for its Comprehensive Annual Financial Report for the fiscal year ended June 30, 1997.
Ms. Alexander explained that the City of Shawnee met specific standards in the Government Accounting Standards and the legal requirements. She stated that to accomplish this status is quite an undertaking. She noted that this proficient rating puts the City of Shawnee among the elite cities. She informed the Commission that of the 36,000 US cities, 6,500 cities had attained this status; and there were only 12 cities in State of Oklahoma.
Accepting the certificate on behalf of the City was Mr. Jim Wilsie, Director of Budget & Financial Division. Mr. Wilsie expressed appreciation to the City Commission, City Manager Powell, and to the City staff for their support in this accomplishment.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 3200 North Harrison from zoning classification A-1, Agricultural District to C-3, Automotive and Commercial Recreation District for commercial use. (Applicant: Travis Holland for Arrowhead Feed)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3200 North Harrison for commercial use as submitted by the applicant Travis Holland for Arrowhead Feed.
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. 1906NS was introduced and the title read aloud.
Ordinance No. 1906NS 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 South 99.133 feet of Outlot Six (6), Kelly’s Addition to the City of Shawnee, Pottawatomie County Oklahoma, according to the recorded plat thereof; 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 Vice Mayor Downing, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Roach, Gillham, Young, Harden, Winrow
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1906NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance for a conditional use permit on property located at 2323 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 off premises. (Applicant: K Mart Corporation)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 2323 North Harrison for a conditional use permit to sell beer to be consumed off premises as submitted by the applicant, K Mart Corporation.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed from the surrounding property owners within the 300 foot radius; but there was a petition filed that was opposed to the selling of alcoholic beverages in general.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said conditional use permit.
Those appearing in favor of the application was Mr. Tom Thompson, attorney representing K Mart, and Mr. Fred Manning, local store Manager.
Mr. Thompson explained that K Mart was requesting to sell beer in order to compete in the marketplace. He advised that the company had planned to implement a training program about the sale of beer and that no one under the age of 21 would be allowed to handle or sell beer.
Mr. Manning further explained about the training programs and about having in place alcohol and tobacco seminars for employees. He emphasized that K Mart was taking every precaution to safely sell the alcoholic beverage.
Those appearing in opposition to the application were Ms. Barbara Chesser, Mr. Randy Chesser, and Mr. Peter Porter.
Ms. Chesser had presented to the Commission another set of petitions of approximately 60 signatures against the selling of alcohol at the K Mart store. She stated several concerns which included that beer should be kept in an alcoholic environment and not be sold in a store that sells household products where customers with children will be nearby.
Mr. Chesser appeared before the Commission and stated that his brother was killed by a drunk driver and he and Ms. Barbara Chesser, his sister-in-law, were trying to make a difference by getting involved and spreading the message for people to become aware of how alcohol can affect peoples lives.
Mr. Porter, representing the Christian Science Church and as the original developer of Northridge, spoke in opposition stating that the property was developed for housing and the front half was for C-3 commercial zoning. He advised that the church was given the property to build upon under the guidelines of the C-3 zoning and he hoped it would remain the same.
There being no others to appear, the public hearing was closed and the Commission took the request under consideration.
In discussion, several Commissioners voiced their opinions and concerns. Commissioner Claybrook stated he felt it would be unfair to single out one entity and deny the request.
Commissioner Roach commented that he felt K Mart was more of a “family” store and it would be inappropriate to sell beer in a store where it would be easily visible to children.
Commissioner Gillham commented that the Commission had approved Eckerd Drug Store to sell beer and at that time he was opposed to granting that permit, but in the case of K Mart, he felt that K Mart was more of a food store than Eckerd and should be permitted to sell beer. He also commented that the alcohol problem lies in other areas and the way society views it.
Concluding discussion, Commissioner Winrow stated that she thought of K Mart as a family store and considered it an inappropriate place for alcohol to be sold.
After due and careful consideration, the ordinance title was introduced into record.
An ordinance 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: 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 Lot Seven (7), Block Twelve (12), Northridge Addition, Section Four (4), to the City of Shawnee, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at the Southwest Corner (SW/C) of said Lot Seven (7), thence North 1°08’02” East along the Westerly line of said Lot Seven (7) a distance of 285.26 feet; thence South 88°51’58” East a distance of 180.00 feet; thence North 0°08’41” West a distance of 180.00 feet to a point on the Northerly line of Lot Seven (7); thence North 89°51’19” East along said Northerly line of Lot Seven (7) a distance of 452.14 feet to the Northeast Corner (NE/C) of said Lot Seven (7); thence South 0°25’25” West along the Easterly line of said Lot Seven (7) a distance of 462.61 feet to the Southeast Corner (SE/C) of said Lot Seven (7); thence South 89°58’59” West along the Southerly line of said Lot Seven (7) a distance of 633.90 feet to the point of beginning; granting permissive use application for said property to C-3P, Automotive and Commercial Recreation 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 Claybrook, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion failed.
AYE: Claybrook, Downing, Gillham
NAY: Young, Harden, Winrow, Roach
Thereupon Mayor Harden declared the ordinance denied.
AGENDA ITEM NO. 5: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the City Code providing for no parking on portions of certain streets. (“No Parking” signs on both sides of 900 Block East 35th Street except north side from point 20 feet east of Harrison to a point 300 feet east of Harrison that will be for “Loading and Unloading Only”)
Public Works Director James Cole explained that to accommodate the business of Action Honda Kawasaki of Shawnee on 360l N. Harrison, that a portion of the street allow for “Loading and Unloading Only” signs.
After due and careful consideration, Ordinance No. 1907NS was introduced and the title read aloud.
Ordinance No. 1907NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
Motion by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Motion by Commissioner Young, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Young, Downing, Harden, Winrow, Roach
NAY: Claybrook, Gillham
Thereupon Mayor Harden declared Ordinance No. 1907NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 6: Consider acceptance of Sanitary Sewer Extension to serve the Braum’s facility on North Kickapoo and placing maintenance bond into effect.
The Commission reviewed a memorandum from City Engineer John Krywicki regarding the recommendation to accept the sanitary sewer line to the Braum’s site located on North Kickapoo at the Lowe’s entrance.
The developer, Intervest, has paid one hundred percent (100%) of the construction costs and the 8” sanitary sewer line was installed in accordance with the City’s specifications. The existing sanitary sewer line was extended approximately 400 linear feet.
A motion was made by Commissioner Winrow, seconded by Commissioner Young, to accept the Sanitary Sewer Extension to serve the Braum’s facility on North Kickapoo and place the maintenance bond into effect. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 7: Consider proposal from Baldischwiler Engineering Company to provide engineering design services on the US 177 and 45th Street signalization project.
In the agenda notes, City Engineer John Krywicki reported that the Oklahoma Department of Transportation (ODOT) had determined that signalization at the intersection on US Highway 177 and 45th Street was warranted.
It was reported that ODOT would pay one hundred percent (100%) of the construction costs and the City would be responsible for providing design plans and maintenance and operation of the signals after installation.
It was staff’s recommendation that since Baldischwiler’s proposal for the engineering design of the project was reasonable, that they be awarded the contract.
A motion was made by Commissioner Young, seconded by Commissioner Roach, to approve the proposal in the amount of $11,500 from Baldischwiler Engineering Company to provide engineering design services on the US 177 and 45th Street signalization project. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 8: Consider project agreements with Oklahoma Department of Transportation on the following signalization projects:
a. Harrison and Garrett’s Lake Road; Project No. STP-163A(014)TR, J/P No. 16896(04)
b. Harrison and Highland; Project No. STP-163A(013)TR, J/P No. 16899(04)
City Engineer John Krywicki reported to the Commission that the engineering design plans have been completed by Baldischwiler Engineering for the two projects and ODOT will pay eighty percent (80%) of the construction costs and the City’s share will be twenty percent (20%).
He noted that the estimated construction costs for both projects would be $276,000, with the City’s share of $55,200. The bid letting is set for February 1999.
A motion was made by Commissioner Winrow, seconded by Commissioner Young, to approve the project agreements with the Oklahoma Department of Transportation on the Harrison and Garrett’s Lake Road and
Harrison and Highland projects. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 9: Consider the details for moving and restoring the Beard Cabin and horse trough in Woodland Park to the Santa Fe Museum location.
The Commission reviewed the memorandum from staff, a letter and plan for the relocation of the Beard Cabin and the Philadelphia Humane Society Horse Trough near the Santa Fe Depot Museum as proposed by The Historical Society of Pottawatomie County, Oklahoma.
Mr. James Cole, Public Works Director, reported that the total costs for relocation and repair to the cabin and horse trough would be $10,925.00. He advised that request for a grant from the Cleo L. Craig Foundation would be submitted in December. The project would begin after the first of the year when funds would be received.
Staff recommended that the Commission approve the proposal.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to approve the details for moving and restoring the Beard Cabin and horse trough to the Santa Fe Depot Museum area at a cost of $10,925.00. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider recommendations from the Insurance Committee on the bids for property insurance for the City of Shawnee. (Deferred from 10/19/98, 11/2/98 and 11/16/98 meetings)
City Personnel Director Allen Benelli reported that the City Insurance Committee, which is comprised of Vice Mayor Robert Downing, City Commissioner Brad Roach, City Manager Terry Powell, and Mr. Benelli, met this date to consider quotes for property insurance that was provided by the Ford-Parry Insurance Agency, the City’s insurance agent.
After review of proposals from five insurance companies, it was the Committee’s recommendation to accept AIG as the insurance carrier in the amount of $31,740 per year with a $5,000 deductible.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve the recommendations from the Insurance Committee to accept AIG as the insurance carrier for property insurance for the City of Shawnee in the amount of $31,740.00 per year. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 11: Consider designating the date for the 1999 fireworks program and concert to be held on Friday night, July 2.
Public Works Director James Cole explained to the Commission that staff was recommending the Fourth of July celebration be held on Friday night, July 2, 1999. He stated that in order for staff to start planning for the entertainment for the event, they were requesting that a date be determined.
In justifying staff’s recommendation, Mr. Cole advised that a Friday night would be better than a Monday night, since July 4th was on a Sunday and they felt that citizens could enjoy the event on Friday and have the rest of the weekend and Monday to go out of town if they desired. They also noted that there would be a savings in personnel costs if the setup of the event was on Friday, a regular workday, since overtime pay would not be required as opposed to a legal holiday.
A motion was made by Commissioner Roach, seconded by Commissioner Claybrook, to approve the July fireworks program and concert to be held on Friday night, July 2, 1999. Motion carried.
AYE: Roach, Claybrook, Gillham, Young, Harden, Winrow, Downing
NAY: None
AGENDA ITEM NO. 12: Consider Bids.
The following bids were opened, read aloud and found to be as follows:
a. Lilac Softball Field Lighting Project; Contract No.
COS-PW-98-13 (open)
BIDDER AMOUNT
Shawnee Lighting $35,420.00
b. One 1999 Truck Mounted Sewer Jetter (open)
BIDDER AMOUNT
Baker Equipment $ 95,931.00
Midwestern Equipment $ 98,818.00
Sewer Equipment of America $109,711.00
Total Truck & Trailer Equipment $ 96,932.00
c. One 1999 Tandem Axle Twin Screw Cab and Chassis w/12 to
14 Yard Dump Body (open)
BIDDER AMOUNT
Copeland International $59,832.00
Harvey’s GMC $57,731.00
Oklahoma City Freightliner $59,162.00
d. One 1999 One Ton Cab and Chassis w/ Flat Dump Body Bed
(open)
BIDDER AMOUNT
Dinsmore Motor Plaza $29,950.00
Harvey's Inc. $25,085.00
Klement Ford of Shawnee $27,055.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to accept Public Works Director James Cole’s recommendation to refer all bids (a-d), to staff for review and present the recommendations at the next meeting. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Paul Mehagan appeared to ask about the possibilities of de-annexing his property on Leo Street to allow for his “petting zoo.”
Since the idea of de-annexation was brought up at the last meeting only in jest, City Manager Powell advised Mr. Mehagan to check with Mr. Colclasure in the Planning Division to find out the status.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 15: New Business.
Under New Business, the following requests and comments were made by the following Commissioners:
*Commissioner Claybrook requested a resolution of support to be sent to ODOT for something to be done in the interim to disallow left turn lanes going south at the intersection of HWY 177 and Independence to eliminate traffic accidents. The resolution will be prepared by legal staff for consideration by the Commission at the December 21st meeting.
*Commissioner Gillham commented that the vote to deny K Mart Corporation a C3-P conditional use permit to sell beer was a vote he enjoyed losing.
*Commissioner Roach requested staff to conduct a traffic study at Kickapoo and Highland to determine whether a traffic light is warranted.
*Commissioner Winrow stated that a signal light was needed at South Bell and Farrall streets.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the meeting be adjourned. Motion carried. (8:50 p.m.)
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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