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, January 7, 2002 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 Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Kermit Milburn Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of December 17 and December 27, 2001 meetings
b. Acknowledge the following minutes:
* Shawnee Urban Renewal Authority minutes of December 4, 2001 meeting
* Civic and Cultural Development Authority minutes of November 15, 2001 meeting
* Planning Commission minutes of December 5, 2001 meeting
c. Lakesite Lease Transfers:
Lots 14 & 15, Johnston Tract
To: Howard Tommie From: Jim Pickard
16618 Stevens Rd. P.O. Box 14828
Shawnee, OK 74801 Oklahoma City, OK 73113
Lot 16, Johnston Tract
To: Howard Tommie From: C.J. & Sandra Pickard
16618 Stevens Rd. P.O. Box 14828
Shawnee, OK 74801 Oklahoma City, OK 73113
d. Approve the following Sister Cities Council recommendations to amend by-laws:
(1) Article III, Section 1, changing the membership from eleven (11) to ten (10), with combining the Education and Promotion Chair positions;
(2) Changing the word “Chairman” to “Chair” throughout the by-laws;
(3) Article III, Section 3, change “the regular meetings of the Council shall be held on the fourth Tuesday of each month” to state that “the regular meetings of the Council shall be set annually;”
(4) Article III, Section 7, to include the sentence “In order to have a quorum, sub-committee chair(s) shall be allowed to have voting rights at a meeting when an office of committee Chair(s) is absent.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Consent Agenda Item No. 1 (a-d), be approved as presented. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Harden presented a Resolution of Appreciation to Donald R. Rhodes upon his retirement for over 37 years of loyal service to the City of Shawnee. Mr. Rhodes was present to accept.
Resolution No. 6133 was read into record.
Resolution No. 6133 entitled “A resolution expressing appreciation to Donald Ray Rhodes for over 37 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Donald Ray Rhodes.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
Thereupon Mayor Harden declared Resolution No. 6133 duly passed and adopted.
AGENDA ITEM NO. 3: Presentation by Sid Clarke concerning new county jail.
Mr. Sid Clarke, chairman of the Pottawatomie County Jail Advisory Committee, updated the Commission on the proposed county jail complex.
The committee was formed over a year ago to examine ways to solve the jail problem, which does not meet state standards, and could be closed by the State Health Department.
Mr. Clarke stated that the committee called upon various agencies such as the Oklahoma Sheriffs Association, Police Chiefs Association, and the American Indian Institute, to get their input about developing a strategic plan for a county jail that could house the city and tribal departments as well.
He reported that a public trust was being formed to oversee the jail facility and those who had already agreed to serve as trustees were Larry Briggs, John Goodson, Randy Gilbert, and Clayton Eads.
Mr. Clarke added that a consultant, Mr. Rod Bottoms, was hired to assist in hiring an administrator to operate the proposed facility.
Mr. Clarke encouraged the Commission’s full support emphasizing that the concept of one jail for the County was a logical idea and the public would have more confidence in this whole project.
Concluding, he advised that financing and site location had not been addressed at this point nor had the size and design of the facility since historical data would need to be developed.
AGENDA ITEM NO. 4: Presentation by Don Price regarding plans and specifications concerning multi-purpose building at Expo Center.
Mr. Don Price, the architect of The Price Group Architects & Planners, presented the site plans for the construction of the multi- purpose building at The Heart of the Oklahoma Exposition Center.
Mr. Price gave an overview of the first phase of the building and pointed out the advantages of utilizing the floor space with the installation of movable walls that would give flexibility on the size of the rooms.
Other areas he covered were the concession stands, kitchen area allowed for catering services, adequate restrooms, and the “big room” sufficient for seating up to 2,400 people and approximately 1,138 people in a banquet setting.
Concluding, Mr. Ken Etchieson, Expo Manager, advised that the plans had been modified from the original after consulting with education and business groups as well as the Expo patrons.
He stated that the plans would be taken back to the Civic and Cultural Development Authority for final approval.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 2711-B North Market from C-5; General Commercial District to C-3; Automotive and Commercial Recreation District for use as mini storage buildings. (Applicant: Chuck Harbert for the Primax Group). (Deferred from 12/17/01)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 2711-B North Market for use as mini storage buildings.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2038NS was introduced and the title read aloud.
Ordinance No. 2038NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: Tract I: A tract of land in Block 4, Wyants 1st Addition beginning at the SE/C of Block 4, thence N 223.5’; thence W 316.5’ to a point on the West Line of said Block 4; thence S 121.5’; thence E 100’; thence S 102’ to a point on the S Line of said Block 4; thence E 216.5 to the point of beginning. Tract II: Beginning at the SW/C of Block 4, Wyants 1st Addition thence E 100’; thence N 102’, thence W 100’; thence S 102’ to the point of beginning. Tract III: Beginning 110’ N of the SW/C of Block 3, Wyants 2nd Addition thence N 150’; thence W 316.5’; thence E 316.5’; thence N 150’; thence W 316.5’; thence S 150’ to the place of beginning and beginning at a point 5.7’ N of the SW/C of Block 3, thence N 104.3, thence E 316.5’ to W line of Beard Street, thence S 104.3’; thence W 316.5’ to the place of beginning. Tract IV: Beginning at the SE/C of Block 4, Wyants 1st Addition, thence N 356.5’ to the part on the E Line of Block 3, Wyants 2nd Addition, thence W 316.5’; thence S 254.51’; thence E 100’; thence S 102’; thence E 216.5’ to point of beginning, less that part deeded to North Town Shopping Center to the City of Shawnee, Pottawatomie County, Oklahoma, rezoning said property from C-5; General Commercial District to C-3, Automotive and Commercial Recreation District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Milburn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2038NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 322 N. Oklahoma from R-3; Multi-Family Residential District to R-3P; Multi-Family Residential District with Conditional Use Permit for use as a church mission. (Applicant: Living Word Church). (Deferred from 12/17/01)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 322 North Oklahoma for use as a church mission.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2039NS was introduced and the title read aloud.
Ordinance No. 2039NS 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 five (5) feet of Lot Five (5) and the North Eighteen (18) feet of Lot Six (6), Block Seven (7), Choctaw Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from R-3, Multi-Family Residential District to R-3P, Multi-Family Residential District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2039NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 4900 N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with conditional use permit for the sales and consumption of alcoholic beverages. (Applicant: Dafforts, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 4900 North Harrison for the sale and consumption of alcoholic beverages.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No.2040NS was introduced and the title read aloud.
Ordinance No. 2040NS 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 lying in the E/2 of the NE/4 of Section 31, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, being described as follows: Beginning at the SE/C of the NE/4 of Section 31, Township 11 North, Range 4 East; thence N00°49’04”E along the said east line of said quarter section a distance of 864.10 feet; thence S89°56’01”W a distance of 71.29 feet; thence S05°35’22”W a distance of 9.40 feet to the “true point of beginning”, said point being on the west right-of-way line of State Highway No. 18; thence S88°30’36”W a distance of 133.40 feet; thence on a curve to the right having a radius of 1.60 feet (a chord bearing N48°48’87”W, a chord length of 2.25 feet) an arc distance of 2.50’; thence N00°40’40”W a distance of 117.40’; thence S89°52’00”W a distance of 734.41 feet; thence S00°17’50”E a distance of 491.25 feet to a point on the north right-of-way (R.O.W.) line of Interstate Highway No. 40; thence N70°19’54”E along said north R.O.W. line a distance of 81.59 feet; thence on a curve to the right having a radius of 1582.39’ (a chord bearing N77°52’02”E, a chord length of 415.02’) along said north R.O.W. line a distance of 416.23’, to a point of the west R.O.W. line of State Highway No. 18; thence N05°35’22”E along said west R.O.W. line a distance of 263.20 feet to the true point of beginning, rezoning said property from C-3; Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with conditional use permit, amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Milburn, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2040NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider appeal of Noble and Rosemary Bartling concerning decision of Administrative Hearing Officer declaring 610 S. Chapman a dilapidated structure.
Community Development Director Mike Southard advised that the property at 610 South Chapman owned by Noble and Rosemary Bartling was determined to be dilapidated and condemned on December 13, 2001.
The owners had until January 10, 2002 to obtain a demolition permit and ordered to have all work completed by March 13, 2002.
Mr. and Mrs. Bartling were present and requested an extension to allow more time for repairs.
A motion was made by Commissioner Claybrook, seconded by Commissioner Milburn, to affirm the hearing officer’s decision. Motion carried.
AYE: Claybrook, Milburn, Downing, Pettyjohn, Harrod, Harden
NAY: Weaver
AGENDA ITEM NO. 9: Consider recommendation from mechanical engineer regarding the air handling system at city hall.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer the item regarding the air handling system at city hall to the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 10: Update on census data and redistricting.
Community Development Director Mike Southard gave an update on the census data and redistricting.
He advised that upon receiving the Decennial Census from the federal government, staff is compiling the population data for the various wards.
He stated that within the next six to nine months, staff would work on re-aligning the boundaries and it could be adopted by ordinance for next year.
Mr. Southard noted that he would come back to the Commission to ask their direction on how to proceed with the process to accomplish this task by either staff or an organized committee evaluating different alignment scenarios.
He advised that the population of Shawnee grew by 9.6% to 28,600; therefore, not many changes are anticipated at this time.
AGENDA ITEM NO. 11: Consider Jail Services Agreement between City and Board of County Commissioners.
Mr. John Canavan, City Attorney, updated the Commission on the jail services agreement between the City and the County.
He reported that the City’s jail committee met with the County representatives and they made additional changes.
To name some of the significant changes made, they included the city paying the county $30 per day per prisoner, but if the time is less than two hours, there would be no charge; city pay all utilities; telephone income would go to the county; all items in jail turned over to the county; the city would leave the booking computers for county’s use, and the city would lease the jail for one dollar per lease period.
A motion was made by Commissioner Milburn, seconded by Commissioner Pettyjohn, to approve the jail lease agreement with the amendments between the City of Shawnee and the Board of County Commissioners of Pottawatomie County, Oklahoma. Motion carried.
AYE: Milburn, Pettyjohn, Harrod, Harden, Weaver, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider quotes for security gates at Shawnee Municipal Airport.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to accept Assistant Airport Manager Lori Bowlan’s recommendation to award the bid for the airport entry gate project to Allied Fence Company, Oklahoma City, Oklahoma, in the amount of $8,085.00 Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 13: Consider recommendation from Regional Park Site Selection Committee regarding regional park site.
Community Development Director Mike Southard gave an overview of the three potential sites for a regional park. The Old Farm, St. Gregory’s, and School Land Commission properties were viewed on the power point.
Mr. Southard mentioned that the School Land Commission property would not be available for purchase but only for lease.
He stated that the recommendation from the Regional Park Site Selection Committee would be to authorize the city attorney to enter into negotiations with all three property owners and accept the lowest price, should that be what the Commission wanted to do.
In discussion, Commissioner Pettyjohn had concerns about taking the lowest price and whether there would be property adjacent to the proposed selected site for purchase in the future.
In the audience were members of the Shawnee Soccer Association, who had an interest in the site selection.
At this time, Mr. Scott Warren, representative of the Association came before the Commission to give input regarding the number of soccer fields would need to be developed.
Mr. Warren gave a brief history of the growth of the soccer organization stating that it had outgrown the current fields. He recommended that 10-12 fields would be sufficient for long-range planning.
Concluding, Mr. Warren expressed his appreciation to the Commission for their efforts in developing a regional park.
A motion was made by Commissioner Milburn, seconded by Commissioner Weaver, to authorize the city attorney to negotiate with all three property owners in selection of a regional park. Motion carried.
AYE: Milburn, Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 14: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business to be considered.
AGENDA ITEM NO. 15: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Harrod asked about the status of the airport T-hangar guttering project. Ms. Bowlan advised that the city engineer was preparing the specifications.
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 Pettyjohn, that the meeting be adjourned. Motion carried. (9:39 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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