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, July 20, 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 Vacant
Commissioner Ward 3 Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Richard Dickinson Nazarene Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Swearing in of Ms. Bradie Lee Winrow as Ward IV Commissioner by Acting Municipal Judge Jon Flowers.
Ms. Bradie Lee Winrow who was appointed by the Commission on July 6, 1998, was officially sworn in as Ward IV Commissioner by Acting Municipal Judge Jon Flowers.
Next, Mayor Harden presented Ms. Winrow with a certificate of appointment and Ms. Winrow was seated as Commissioner.
AGENDA ITEM NO. 2: Consider Approval of Consent Agenda.
a. Minutes of July 6, 1998 meeting
b. Budget Amendment in 1997 Home Grant Fund
c. Acknowledge the following reports and minutes:
* City Clerk Report for the month of June 1998
* Police Report for the month of June 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of July 1998
* Utility Division Report for the month of June 1998
* Municipal Court Report for the month of June 1998
* Shawnee Community Center Report for the month of June 1998
* Planning Commission minutes of July 1, 1998 meeting
* Sister Cities Council minutes of June 9, 1998 meeting
* Shawnee Public Library Board minutes of June 9, 1998 meeting
* Shawnee Urban Renewal Authority minutes of May 19, 1998 meeting
d. Approve renewal agreement with Pottawatomie County Historical Society for the Santa Fe Depot Building.
e. Acknowledge thank you letter from Oklahoma Department of Corrections for the assistance of Skip Vague and his K-9 at the John Lilley Correctional Center on Saturday, June 13, 1998.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda (a-e), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 3: Presentation of awards to the City of Shawnee for its support of the St. Gregory’s 5-K run held on July 11, 1998.
Mr. Reggie Grovey, Director of St. Gregory’s Aerobic Center, and Mr. Roger Parman, City of Shawnee employee, representing St. Gregory’s 5-K Road Race, presented the City of Shawnee awards in appreciation and for its support contributed to the race held on July 11, 1998.
City Manager Terry Powell, Police Chief Hank Land, and Fire Chief James Roberts, accepted the awards.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance for a PUD (Planned Unit Development) that includes multi-zoning located at North Kickapoo and I-40. (Applicant: Intervest Development Limited Partnership).
Mayor Harden declared a public hearing in session to consider an ordinance for a PUD (Planned Unit Development) that includes multi-zoning located at North Kickapoo and I-40.
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. 1888NS was introduced and the title read aloud.
Ordinance No. 1888NS 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 being a part of the recorded plat Briar Creek, Phase One (1), Two (2), and Three (3), Subdivisions to the City of Shawnee, and recorded plat Shawnee Mission Plaza, a replat of a portion of Lot One (1), Block One (1), Briar Creek, Phase One (1), a subdivision to the City of Shawnee, being a part of the Southwest Quarter (SW/4) of Section Thirty-One (31), Township Eleven (11) North, Range Four (4) East of the Indian Meridian, Pottawatomie County, Oklahoma, rezoning said property from zoning classification PUD; Multiple Use Existing to Expanded PUD Proposed; 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, Harden, Winrow, Roach
NAY: Young
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Harden, Winrow
NAY: Young
Thereupon Mayor Harden declared Ordinance No. 1888NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to vacate both the north/south and east/west alleys in the south half of Lot 12, Gilmore’s Addition located at the NW corner of West MacArthur and North Kickapoo. (Applicant: Oklahoma Baptist University).
Mayor Harden declared a public hearing in session to consider an ordinance to vacate both the north/south and east/west alleys in the south half of Lot 12, Gilmore’s Addition located at the NW corner of West MacArthur and North Kickapoo.
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. Mr. Jim Stuart, local attorney, appeared on behalf of the applicant. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1889NS was introduced and the title read aloud.
Ordinance No. 1889NS entitled “An ordinance vacating both the North/South and East/West alleys in the South Half of Lot Twelve (12), Gilmore’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma; specifically describing said property; reserving the right to reopen said alleys; reserving utilities; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Gillham
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1889NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an application for a permit to drill an oil and gas well (Steven Thomas #1-32) within the corporate limits of the City of Shawnee on property described as the intersection of Gordon Cooper Drive and Benson Park Road approximately 1.5 miles East and North approximately 1600’ to the proposed well site. (Applicant: Indian Oil Company, 9400 North Broadway Extension, Suite 800, Oklahoma City, Oklahoma 73114).
Mayor Harden declared a public hearing in session to consider an application from Indian Oil Company for a permit to drill an oil and gas well (Steven Thomas #1-32) within the corporate limits of the City of Shawnee.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application.
Mr. Gregg Alletag representing Indian Oil Company appeared before the Commission.
It was noted that staff recommended approval with certain stipulations being followed in regards to the drilling phase and the production phase.
Mayor Harden declared the public hearing closed.
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the application of Indian Oil Company be approved for a permit to drill an oil and gas well within the corporate limits of Shawnee. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 7: Consider an ordinance amending Chapter 7, Section 7-235 of the Code pertaining to the office of the Electrical Inspector.
Planning Director Bill Colclasure explained to the Commission that with the recent hiring of two new building inspectors, they must apply for a provisional electrical inspector license in order to comply with the Oklahoma State Statutes.
He advised that both inspectors had experience in electrical work, but were not licensed and the City must combine the two job functions, plumbing/electrical, for the inspectors to be eligible for the provisional licenses.
The provisional license will require the inspectors to attend BOCA electrician school to complete 2,000 hours in two years.
Ordinance No. 1890NS was introduced and the title read aloud.
Ordinance No. 1890NS entitled “An ordinance amending Chapter 7, Section 7-235 of the Code of the City of Shawnee, Oklahoma; pertaining to the office of electrical inspector; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Sections 1-2 be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
A motion was made by Commissioner Young, seconded by Commissioner Gillham, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Young, Gillham, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1890NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the City Code providing for no parking on portions of certain streets. (Both sides of North Draper Street from Highland to Whittaker).
The Commission had approved at the July 20, 1998 meeting, the Traffic and Transportation’s recommendation to place no parking signs on both sides of North Draper Street from Highland to Whittaker.
Ordinance No. 1891NS was introduced and the title read aloud.
Ordinance No. 1891NS 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.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow, Roach
NAY: None
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1891NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider request from Sharon K. Ferree, 1527 North Market, to appeal the decision of staff on public nuisance property located at 1527 North Market.
Ms. Sharon K. Ferree appeared before the Commission to appeal the decision City staff made at her public nuisance hearing on June 25, 1998 wherein it was decided she must proceed with demolition of the structure and have it removed by July 10, 1998.
Ms. Ferree requested the Commission to allow her a four month extension in order to conduct her own investigation of the burned structure. She stated that by that time she should have a regular income and would hope to receive a home loan from the Shawnee Urban Renewal to rebuild her home.
Staff member Bill Colclasure, Community Development Director, reported that the Shawnee Fire Marshal and the State Fire Marshal investigated the fire and found no proof of arson. He advised that the structure has been burned to the point that it could not be brought up to Code and be cost effective.
Mr. Colclasure advised the Commission that the structure is hazardous to the public due to open areas where windows once were and open door entry.
After a lengthy discussion, a motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to uphold the Administrative Order to demolish the dilapidated structure at 1527 N. Market. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider request from Ms. Peggy Irwin, San Antonio, TX for public nuisance tax on property located at 631 North Broadway to be reduced.
Mayor Harden asked if anyone was present to speak on behalf of the request to reduce the public nuisance tax on property at 631 N. Broadway. No persons appeared.
Next, Planning Director Bill Colclasure gave the staff report. He explained that after city staff could not contact the owner, the City had its contractor remove trash, old furniture, debris, and remove tall grass and weeds from this property on a couple of occasions and that is why the costs were justified over $1000.00.
After due consideration, the Commission decided to uphold its ordinances.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the request from Ms. Peggy Irwin to reduce the public nuisance cost on property located at 631 North Broadway be denied. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 11: Consider the proposed Three Year (1998-2001) Street Improvement Program. (Previously distributed).
In consideration of the three-year street improvement program, discussion ensued regarding concerns about certain streets on the program that are evidently in better condition than some streets that are not on the list.
Commissioner Claybrook stated that he had several streets that he wanted to see replaced.
At this time, City Manager Terry Powell responded by advising the Commission that throughout the three-year plan, streets changes can be made and the plan can be amended.
He noted that if the plan is approved, then the first year plan can begin; in particular, the street overlay program. In discussion, the overlay program was acceptable to all the Commissioners.
The city manager assured Commissioner Claybrook that the engineering staff could review the streets he wanted on the list and return with recommendations at the next meeting.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the proposed Three-Year Street Improvement Plan be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 12: Consider the proposed Union Street Paving Project north of 45th Street.
In consideration of the proposed Union Street paving project north of 45th Street, Mr. Warren Thomas appeared before the Commission on behalf of his father, the owner of the property and Mr. Coleman, ERC developer of the site where the newly constructed Chapel Ridge Apartments located between I-40 and Kickapoo and Union Street.
Mr. Warren appealed to the Commission that the developer has intentions of expanding the apartments if Union Street can be paved to the proposed frontage road south of I-40. He stated that by developing the road, it will be beneficial to both the developer and the community. The street is needed for ingress and egress.
He requested on behalf of the developer, a letter of commitment from the City to show an intent of partnership to pave the street. Mr. Warren assured the Commission that the owner and developer would pay its own way.
The Commission was familiar with the paving proposal since it had been presented by staff at the last meeting as a matter of information when the Commission considered the 3-year street plan earlier in the meeting. The staff had presented costs details that could allow a portion of Union Street to be paved in the first phase of the street plan.
In discussion, City Manager Terry Powell informed the Commission that staff was in support of the paving proposal for at least 800 feet and the city engineer could draw the preliminary design. It was noted that the full one-half mile was on the three-year street program.
A motion was made by Commissioner Roach, seconded by Commissioner Young, that staff proceed with the preliminary design of the Union Street paving project and that a minimum of 800 feet of Union Street be paved subject to rights-of-way being secured and allow for research for the whole project. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 13: Consider a resolution requesting assistance by the U.S. Army Corps of Engineers for a study on the Slover Bridge Erosion Project and the waterline crossing near the Southside Wastewater Treatment Plant.
City Engineer John Krywicki advised the Commission that monies had been previously requested from the City to the U.S. Army Corps of Engineers for the Slover Bridge erosion project and the request had been placed on backlog due to no funding available at that time.
He advised that the Corps now has monies available and a resolution is required to officially initiate the project. He explained that the funds will be used for a study by the Corps to identify and determine solutions; and if feasible, to proceed with the Corps performing the engineering design and cost estimates of the project.
Mr. Krywicki advised that if the City decides to continue the project, then the City would enter into an agreement with the Corps of Engineers and the costs would be shared with the City paying 35% and the Corps paying 65% of the construction costs.
Resolution No. 6005 was introduced and the title read aloud.
Resolution No. 6005 entitled “A resolution requesting the United States Corps of Engineers to conduct studies to determine the feasibility of developing an emergency streambank or shoreline protection project at the Slover Street Bridge, and at a location where the City’s water main is exposed along the North Canadian River under the Authority provided by Section Fourteen (14) of the 1946 Flood Control Act, as amended.”
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. 6005 duly passed and adopted.
AGENDA ITEM NO. 14: Consider Bids on Document Imaging System.
City Manager Terry Powell advised that staff requested more time to review bids.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to defer awarding the bids on document imaging to the next meeting. 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. Steve Scott, Superintendent of Grove School, appeared before the Commission and presented a handout that lists possible alternatives to the school’s sewer line extension as a solution to the lagoon problem that has been determined by the Department of Environmental Quality to be in violation.
Mr. Scott stated that he would want to continue working with city staff and he hoped to present a plan at a future meeting.
Also appearing before the Commission was Mr. Reggie Grovey, Director of St. Gregory’s Aerobic Center, who expressed his appreciation on behalf of the University for the City’s assistance and support of the 5-K Road Race. He told the Commission that the community’s runners are well respected in other running circuits.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 17: New Business.
Under New Business, Commissioner Claybrook presented a proposed resolution relating to the enhancement and maintaining the physical appearance of the City of Shawnee for the Commission’s review and input to be considered at its next meeting.
AGENDA ITEM NO. 18: 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. (9:46 p.m.)
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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