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, February 2, 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-Commissioner Ward 4
George D. Snider ___ Ronald A. Gillham,Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young ___ Arnold Davis
Commissioner Ward 3 Commissioner Ward 5
Bob Downing ___
Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Janie Kirt Morris Emmanuel Episcopal Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of January 20, 1998 meeting
b. Transfer of Appropriations in General Fund and 1994 Street Improvement Project Fund
c. Acknowledge the following minutes:
* Shawnee Planning Commission minutes of December 17, 1997 meeting
* Shawnee Urban Renewal Authority minutes of January 6, 1998 meeting
* Civic and Cultural Development Authority minutes of December 18, 1997 meeting
d. Approve Oklahoma Municipal Retirement Fund application for retirement pension with lump sum payment for Alvin M. Nix.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Consent Agenda Item No. 1 (a-d), inclusive, be approved. Motion carried.
AYE: Downing, Young, Harden, Davis, Snider, Gillham
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation and Introduction.
A motion was made by Commissioner Davis, seconded by Vice Mayor Downing, to defer the presentation of a resolution of appreciation to Dallas D. Graham for more than four years of loyal service to the City of Shawnee to another meeting when Mr. Graham could be present. Motion carried.
AYE: Davis, Downing, Snider, Gillham, Young, Harden
NAY: None
Personnel Director Allen Benelli introduced students from Shawnee High School who had participated in the Shadow Program during the day observing city employees and Mayor Harden in a daily work routine. He stated that this was a nationwide program and the purpose was for students to be aware of the many business-related opportunities as they prepare for their future.
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Mr. Jim Ogle, Shawnee Firefighter, as the January “Employee of the Month” in recognition of his excellent and dedicated service to the City of Shawnee.
Although Mr. Ogle has been employed with the Fire Department for two years, he has been very active in the Clown program, assisted in the safety programs, and coordinated the second annual Pottawatomie fire games.
AGENDA ITEM NO. 4: Presentation of quarterly report for Downtown Shawnee by Karen Kinnamon, Downtown Shawnee Program Director.
Ms. Karen Kinnamon, Shawnee Downtown Program Director, presented the quarterly report and noted the following:
*Jazz Festival, October 1997 attendance was 2,700 to 3,000 people who enjoyed an evening of jazz music and entrees of desserts and authentic foods
*Christmas Parade attendance was at its largest of 15,000
*Working with Action, Inc. for possible purchase of the Aldridge Hotel for a senior citizens housing.
In conclusion of the report, Ms. Kinnamon stated that the program’s annual meeting will be held on February 12, 1998 and it will consist of new board members orientation and discussing Phase II of strategic planning in marketing downtown Shawnee.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 406-406A East Main Street from C-4, Central Business Commercial to C-4P, Central Business Commercial with a conditional use permit for a recreation center. (Applicant: Bryan Bond & Bill Bond).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 406-406A East Main Street for use as a recreation center.
It was noted that the Planning Commission and staff recommended approval of the conditional use permit and there were formal written protests filed with the City Clerk.
Mayor Harden asked if any persons wished to be heard regarding said rezoning application.
The applicants appeared on behalf of their application informing the Commission that the recreation center would provide games for both children and family entertainment. They proposed that no alcoholic beverages would be served nor allowed on the premises and an off duty law enforcement officer would be on duty at all times. The applicants expressed that the recreation center would be a place for teenagers to go instead of being on the streets.
Those persons appearing in protest of said conditional use permit were some of the eleven that had signed a petition against the business. They stated that they were not necessarily opposed to the business, but had concerns about the teenagers disruption to the area and increase in crime such as vandalism of area businesses, broken bottles and trash, loitering, and drugs.
Appearing were business owners Messrs. Bob Pickard of 311 East Main and Tom Smith of 409 East Main, and Ms. Sylvia Richards, local citizen.
In favor of the conditional use permit were Ms. Kammie Field, a friend of the applicants, Mr. Jeff Smith, an area citizen who offered set up surveillance cameras in front of the business, and Ms. Mistie Moore, area citizen.
The public hearing was closed since no other persons appeared.
After due and careful consideration, Ordinance No. 1861NS was introduced and the title read aloud.
Ordinance No. 1861NS 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 Sixteen (16), Seventeen (17), and Eighteen (18), Choctaw Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof rezoning said property from zoning classification C-4, Central Business Commercial District to C-4P, Central Business Commercial 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 Gillham, seconded by Commissioner Young, that the Title and Section 1 be approved. Motion carried.
AYE: Gillham, Young, Downing, Snider
NAY: Harden, Davis
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Young, Harden, Davis, Downing, Snider
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1861NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider action taken by the administrative hearing officer on property located at 1202 and 1208 East Main which was deemed a public nuisance. (Continued from 1/5/98 meeting).
Mayor Harden declared a public hearing in session to consider action taken by the administrative hearing officer on property located at 1202 and 1208 East Main which was deemed a public nuisance and was continued from the January 20, 1998 meeting.
There being no persons to appear the public hearing was closed.
Mayor Harden then called upon City Attorney John Canavan to give an update regarding this issue.
Mr. Canavan reported that from the January 1, 1998 meeting, the properties were considered condemned by the City’s Administrative Hearing Officer and the order was put on hold at the request of the property owner’s attorney until after a decision could be made in District Court about the status of the properties which were in probate.
He noted that from the District Court hearing, the foreclosure is proceeding forward and the Commission can uphold the decision by staff to condemn the properties.
A motion was made by Vice Mayor Downing, seconded by Commissioner Davis, to uphold the Administrative Hearing Officer’s order and condemn properties 1202 and 1208 East Main and allow the owner thirty (30) days to bring the properties up to city Code or have them demolished. Motion carried.
AYE: Downing, Davis, Snider, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 7: Consider an application for a permit to drill an oil and gas well (Muck #2) within the corporate limits of the City of Shawnee on property described as the North half, Northeast Quarter, Southwest Quarter (N/2, NE/4, SW/4), Section 24, Township 10 North, Range 3 East. (Applicant: Bernie Boysen, Spess Lease Operations, 200 South Broadway, Cleveland, Oklahoma 74020).
Mayor Harden declared a public hearing in session to consider an application from Spess Lease Operation, 200 South Broadway, Cleveland, Oklahoma, 74020 for a permit to drill an oil and gas well within the corporate limits of the City of Shawnee (Muck #2).
The recommendations listed in the January 30, 1998 memorandum from the City’s Oil and Gas Inspector, Mr. Jim Wyatt, were reviewed by the Commission and noted that the application be approved provided the insurance and bond are approved by the City’s legal staff.
Mayor Harden inquired if any persons wished to be heard regarding said application.
Mr. Bernie Boysen appeared representing the applicant and addressed a question that the Oil and Gas Inspector had concerns about regarding two additional wells near the proposed drilling site. He gave a brief history of the wells that were non-producing and abandoned in the 1950’s and had not been plugged. He stated that Spess Oil Company had taken over the wells and he offered that if the present well was a producing well, which had a $50,000 bond, the company would supply two additional bonds for the wells.
Fire Chief James Roberts gave the staff report and requested that if the application for drilling was approved, that a binding agreement be attached to the permit addressing requirements for the abandoned wells.
After a brief discussion, the Commission requested City Attorney John Canavan to draft a binding agreement.
A motion was made by Commissioner Snider, seconded by Commissioner Young, that the application of Spess Lease Operations to drill and operate an oil and gas well within the corporate limits of the City of Shawnee be approved contingent upon execution of an agreement relating to all three wells and in accordance with staff’s recommendations. Motion carried.
AYE: Snider, Young, Harden, Davis, Downing, Gillham
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance amending Ordinance No. 1857NS by providing that the election for Mayor is to complete the unexpired term.
Ordinance No. 1862NS was introduced and the title read aloud.
Ordinance No. 1862NS entitled “An ordinance partially amending Ordinance No. 1857NS of the City of Shawnee, Oklahoma; amending Section 1 of said Ordinance; providing that the election for Mayor is to complete the unexpired term; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Davis, Snider
NAY: None
A motion was made by Commissioner Snider, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Snider, Young, Harden, Davis, Downing, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1862NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider formation of a Shawnee Transportation Committee.
Appearing before the Commission was Mr. Bill Shields, Action, Inc. Director, to give an explanation for the purpose of considering the formation of a Shawnee Public Transportation committee.
Mr. Shields informed the Commission that the transportation needs of the Shawnee area had drastically changed and a study was being conducted by the Oklahoma State University Extension Services in determining the specific needs of public transportation.
He explained that his office and the Oklahoma Department of Transportation are in the discussion stages regarding funding from ODOT to help expand the transportation service that the City of Shawnee funds.
A list of members representing the citywide area were presented as follows:
Mr. Bob Perry, Gordon Cooper Vo-Tech Center
Ms. Judith Means, Department of Human Services
Mr. Bob Williams, Shawnee Public Schools
Mr. John Shea, Aging(COEDD)
Mr. Norm Kiker or alternate, Native Americans
Mr. Cecil Johnston, Senior Citizens
Mr. Terry Dyke, volunteer coordinator
Community Action serving in advisory capacity
A motion was made by Commissioner Snider, seconded by Vice Mayor Downing, to approve the formation of a Shawnee Public Transportation Committee for the purpose of expanding the transportation needs and accept the list of names as presented. Motion carried.
AYE: Snider, Downing, Gillham, Young, Harden, Davis
NAY: None
AGENDA ITEM NO. 10: Consider Bids.
a. New Fire Station to be located on North Center Street (Deferred from 12/15/97, 1/5/98, and 1/20/98 meetings)
Fire Chief James Roberts reported that since the project was over budgeted and cuts were being made to lower costs, he recommended that the bid be awarded with a change order. He also reported that after review of the bids, the Alternate #1, 6” paving, was eliminated from the bid.
A motion was made by Commissioner Gillham, seconded by Commissioner Davis, to accept staff’s recommendation to award the Fire Station bid to Oklahoma Industrial Construction, Shawnee, Oklahoma, in the amount of $417,417.00, with Alternate #2, waterline, for $9,990 and to include a change order for cost reductions. Motion carried.
AYE: Gillham, Davis, Downing, Snider, Young, Harden
NAY: None
b. One or More Mid Size Automobile Program Vehicles (award)
Based upon staff’s recommendation, a motion was made by Vice Mayor Downing, seconded by Commissioner Davis, that one mid-size program automobile for the Police Department be awarded to Harvey’s Inc., Shawnee, Oklahoma, in the amount of $11,645.00 and the second police vehicle and an additional staff vehicle be awarded to Brackeen Motors, Inc., Shawnee, Oklahoma, in the amount of $11,995.00 each. Motion carried.
AYE: Downing, Davis, Snider, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 11: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 12: Consider an Executive Session for the purpose of discussing pending litigation in Welsh vs City of Shawnee pursuant to 25 O.S. 1992, Section 307 (B) (4).
A motion was made Commissioner Gillham, seconded by Commissioner Davis, that the Commission go into Executive Session for the purpose of discussing pending litigation in Welsh vs City of Shawnee (CIV-97-0555T U. S. District Court Western District of Oklahoma) pursuant to 25 O.S. 1992, Section 307 (B)(4). Motion carried.
AYE: Gillham, Davis, Downing, Snider, Young, Harden
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:46 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION NOW RECONVENED IN REGULAR SESSION AT 9:16 P.M. WITH ALL COMMISSIONERS PRESENT.
Mayor Harden stated no action was to be taken on this item.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports to be given.
AGENDA ITEM NO. 15: New Business.
Under New Business, Police Chief Hank Land reported on the campaign kickoff for attempting to take youth found guilty of offenses by the court system and give them an opportunity to work off the hours in community service. A group of seven volunteers including Mayor and Mr. Harden worked last Saturday for two hours scrubbing graffiti off a building downtown and picked up trash.
He stated the youths had a good attitude and he was encouraged that the program will continue and be a success.
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. (9:22 p.m.)
AYE: Downing, Young, Harden, Davis, Snider, Gillham
NAY: None
____________________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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