BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 18, 2002 AT 7:30 P. M.
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, March 18, 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
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Kermit Milburn
Commissioner Ward 5
INVOCATION Father Maurus Jaeb St. Benedict’s Catholic Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of March 4, 2002 meeting
b. Transfer of Appropriations in CDBG Entitlement Fund
c. Acknowledge the following reports and minutes:
* Sales Tax Report through March, 2002
* Utility Division Report for the month of February, 2002
* Building Inspector Report for the month of February, 2002
* City Clerk report for the month of February, 2002
* Shawnee Community Center report for the month of February 2002
* Traffic and Transportation Commission minutes from the November 27, 2001 meeting
* Shawnee Urban Renewal Authority minutes from the February 20, 2002 meeting
* Shawnee Beautification Committee minutes from the February 4, 2002 meeting
* Planning Commission minutes from the February 6, 2002 meeting
* Citizen Advisory Committee minutes from November 7, 2001 meeting
* Sister Cities Council minutes from the February 12, 2002 meeting
d. Lakesite Lease Transfer and Renewals:
Transfer:
Lot 16, Belcher Tract
To: James & Melissa Nicholson From: Jerry Wayne Kinnamon
7724 N.W. 30th Terrace 35 Post Office Neck Rd.
Okla. City, OK 73008 Shawnee, OK 74801
Renewals:
Lot 2, Fry Tract Lot 8, Eckel Tract
Henry & Marta Land Jeffery & Debra Wesley
1111 N. Philadelphia 904 Shalimar Dr.
Shawnee, Okla. 74801 Del City, OK 73115
e. Authorize Interim Fire Chief to apply for Fire Act Grant.
f. Acknowledge permit WL000063020088 from the Oklahoma Department of Environmental Quality concerning the construction of 12” water line and permit SL000063020089 from Oklahoma Department of Environmental Quality concerning the construction of a 8” sewer line to serve Roesch-Walker Funeral Chapel.
g. Approve Oklahoma Alcoholic Beverage Laws Enforcement Commission application for Dietrich’s Club located at 623 Kickapoo Spur.
h. Approve Oklahoma Municipal Retirement Fund lump sum distribution payment to Guadaloupe DeLeon.
i. Approve workers compensation awards to the following: Steve Norvell, Docket 02-01887F, Leon Brown, Docket 01-19512H and Mark Wheatly, Docket 0105879F.
j. Recommendations of the Traffic and Transportation Commission from the February 26, 2002 meeting:
1) Consider request from Public Works staff to discuss setting policy for stop signs and no parking request.
Recommendation: Guidelines were discussed for a petition survey to notify citizens when stop sign/no parking sign request are received for consideration. The form (petition survey) will be submitted at the next meeting for consideration.
2) Consider request from Ms. Mary Ealey, 39801 Garrett’s Lake Road, to discuss and consider traffic congestion and speeders on 32nd Street near Park Street.
Recommendation: To increase police surveillance.
3) Consider request from Ms. Diane Black, 1919 N. Union for a 4-way stop sign and/or a “Children at Play” sign at Union Street and Emmett Street.
Recommendation: To deny request and increase police surveillance.
4) Consider request from Mr. Archie Hill, 1 West Farrall, to place “Do Not Block Intersection” signs on Farrall Street at Broadway Street for both east and west bound traffic.
Recommendation: To deny request.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Consent Agenda Item No. 1 (a-j), be approved as presented. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Harden issued the following proclamations:
“Absolutely Incredible Kids Day”
March 21, 2002
(accepted by Angela Krueger, Campfire Program Recruit Manager, Dee Krueger and Susan Thompson)
“Sister Cities Days”
March 23 – 28, 2002
(accepted by Ann Davis, Sister Cities Council member)
“Community Development Block Grant Week”
April 1 – 7, 2002
(accepted by Sim K. Sims, SURA Chairman)
“Fair Housing Month”
April, 2002
(accepted by Sim K. Sims, SURA Chairman)
“Developmental Disabilities Awareness Month”
March, 2002
(accepted by Paula Click, Director of South Central Industries)
“Airport of the Year” award from Federal Aviation Association
(deferred to the next meeting)
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Sam “Beau” Bullock, Water Distribution Supervisor, as the March employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
Mr. Bullock was present to accept his award and thanked the Commission.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at the southeast corner of Kickapoo Street and 45th Street from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District for use as a retail strip mall. (Applicant: Shawnee Kickapoo Enterprises, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at the southeast corner of Kickapoo Street and 45th Street for use as a retail strip mall.
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.
Mr. Jeff Rainey, Subway representative, appeared on behalf of the application; and Mr. William Fahrendorf, First United Bank, builders of the strip mall spoke in favor of the application.
Since there were no others to appear, the public hearing was closed.
After due and careful consideration, Ordinance No. 2044NS was introduced and the title read aloud.
Ordinance No. 2044NS 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 described as beginning at a point 200 feet South of the Northwest Corner of Section 6, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence South 133 feet; thence East 420 feet; thence North 333 feet; thence West 200.54 feet; thence South 200 feet; thence West 219.46 feet to the point of beginning; rezoning said property from zoning classification C-1; Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2044NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 16504 Highway 102 from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit for use as single family residential – mobile home. (Applicant: Barbara Chatham) (Planning Commission continued to March 20, 2002)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 16504 Highway 102 for use as a single family residential mobile home.
It was noted the Planning Commission requested staff to conduct further review and voted to continue this request to its next meeting of March 20, 2002.
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.
A motion was now made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to defer the rezoning application of Barbara Chatham to its next meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Claybrook
NAY: None
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 529 N. Harrison from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District for use as automotive accessory store. (Applicant: Dan Hurley)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 529 North Harrison for use as a automotive accessory store.
It was noted the Planning Commission recommended denial of the request. Although the request is in conformance with the Comprehensive
Plan, it does not meet the minimum area and frontage requirements for C-3 zoning. 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.
Mr. Dan Hurley, applicant, appeared in favor of his application. He talked about the long history of the building built as a garage and appealed to the Commission to allow for the rezoning.
Also a property owner next to Mr. Hurley’s property appeared and stated that she was not opposed to his request.
There were no others to appear and the public hearing was closed.
After due and careful consideration, Ordinance No. 2045NS was introduced and the title read aloud.
Ordinance No. 2045NS 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 Thirty-seven (37), Thirty-eight (38) and Thirty-nine (39), Block Three (3) Patchins Addition to the City of Shawnee, Pottawatomie County, Oklahoma; rezoning said property from Zoning Classification C-1; Neighborhood 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 Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2045NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 508 N. Market from C-3; Automotive and Commercial Recreation District to R-3; Multi-Family Residential District for use as residential property. (Applicant: Harold Ailey)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 508 North Market for use as residential property.
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. 2046NS was introduced and the title read aloud.
Ordinance No. 2046NS 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: The South 41.50 feet of Lot Seven (7), Block Four (4), Woodland Park Addition to the City of Shawnee, Pottawatomie County, Oklahoma; rezoning said property from C-3, Automotive and Com-mercial Recreation District to R-3; Multi-Family Residential District; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Harrod, Harden, Downing, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2046NS duly passed and adopted.
AGENDA ITEM NO. 8: Presentation and consideration of funding alternatives for multi-purpose building at Expo Center.
Since staff had not reviewed all the possible alternatives for funding the multi-purpose building at the Expo Center, it was their request to defer this item.
Mr. Ken Etchieson, Director of the Expo Center, advised that he and the architect would be meeting with the bidder to review possible reductions to the price within the original estimated amount.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the consideration of funding for the multi-purpose building at the Expo Center be deferred to the April 1, 2002 meeting. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance assessing costs of improvements to lots in the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District.
City Engineer John Krywicki advised that all the water lines had been completed and ready for tap-ins by the residents in the water district.
Before the ordinance was considered for assessing the improvement costs for the water improvement district, Mr. Neal Martin, resident in the water district and attorney, appeared before the Commission to state that the proper procedures had not been adhered to by the City in giving notice to the residents about the final costs of the improvements.
Since City Attorney John Canavan was not present, and Ms. Tracy McDaniel, assistant attorney was sitting in for Mr. Canavan, she was not involved in process of this matter, it was the Commission’s determination that this item be deferred to allow the city attorney and Mr. Martin resolve this issue.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to defer to a later meeting the consideration of assessing the improvement costs to the lots in the Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Water Improvement District. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 10: Consider an ordinance establishing payment rates for persons outside the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District to tap into said system.
In connection with the previous agenda item, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to defer to a later meeting consideration of the ordinance establishing payment rates for persons outside the Water Improvement District to tap into the system. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 11: Consider amending Fixed Base Operator contract with Ray Cunningham, d/b/a Regional Air, Inc., to decrease insurance requirement to 1 million dollars. (deferred from 3/4/02)
According to the memorandum in the agenda packet from Lori Bowlan, Assistant Airport Manager, she has recommended that the FBO agreement be amended to meet the “industry standard” insurance coverage for $1 million. She has also received confirmation that Regional Air, Inc. has an additional $50 million policy for fuel operations.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve decreasing the insurance requirement to $1 million for Ray Cunningham d/b/a Regional Air, Inc., as the Fixed Base Operator at the Shawnee Municipal Airport. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 12: Consider decreasing city’s insurance policy at Shawnee Municipal Airport to 2 million dollars and approve renewal. (deferred from 3/4/02)
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve decreasing the city’s insurance policy at Shawnee Municipal Airport to $2 million to be renewed with the Oklahoma Municipal Assurance Group. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 13: Discuss and consider consent order from Department of Environmental Quality.
City Manager Terry Powell recommended to enter into the consent order with the Department of Environmental Quality in order to resolve issues regarding a broken sewer main that discharged waste killing fish in a newly constructed pond near a new housing development owned by Frank Bryant, builder.
Mr. Powell explained that DEQ had agreed to fine the Shawnee Municipal Authority $2,500 cash fine, (instead of the original $10,000); and the remaining $7,500 to be paid in a Supplemental Environmental Project (SEP).
The projects that would quality under the SEP would be projects such as the parking lot improvements at the YMCA and planting trees. He informed that minimum cost of the projects would be $15,000 with a two-year span to complete the projects.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept staff’s recommendation and enter into the Consent Order from the Department of Environmental Quality. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 14: Consider approval of upcoming Pottawatomie County Development Authority budget pertaining to Wes Watkins Reservoir.
According to the recommendation of City Manager Terry Powell and the Pottawatomie County Development Authority, the there will not be a need for additional transfers above the revenue generated by the facility for maintenance and operation.
He advised that the budget indicates a reduction from last year due to staff reductions. Therefore, the proposed budget for 2001-02 would be $171,400.00.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the upcoming Pottawatomie County Development Authority budget in the amount of $171,400.00 pertaining to Wes Watkins Reservoir for fiscal year October 1, 2001 to September 30, 2002. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 15: Update by Don Lynch and consider options regarding air-handling system at City Hall.
Mr. Don Lynch, Emergency Management Director, updated the Commission regarding the air-handling system at City Hall. He stated he had visited with Brad Ezell of Guernsey Company concerning how they obtained the estimated cost of replacement of the chillers. He said that the figure was based upon information received from Air Engineering Company. The correct figure should be in the $55,000 to $65,000 range.
He stated that $20,000 was allocated in the building maintenance budget for air duct cleaning which will be re-directed along with an additional $5,000 for drapery replacement.
He advised that Finance Director Jim Wilsie informed him that the additional funds could be obtained from the carryover in excess of the projected figures when the budget was prepared.
Mr. Lynch recommended authorizing staff to proceed with the replacement of the two compressors for the chillers with a minimum of a two-year warranty to allow sufficient time for budgeting and design of a replacement system.
He further advised that after checking with the city attorney, the amount of the compressors was over the requirement for waiving of competitive bidding.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to accept staff’s recommendation to proceed with advertising for bids to replace two compressor units in City Hall. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Downing, Pettyjohn
NAY: None
AGENDA ITEM NO. 16: Update by staff concerning de-annexation of property located south of the North Canadian River.
Community Development Director Mike Southard updated the Commission regarding the de-annexation of property located south of the North Canadian River (Potawatomi tribal properties that are “in-trust”).
Mr. Southard stated that late last summer the annexation committee voted to de-annex all tribal properties and requested Chairman Rocky Barrett to provide legal descriptions of all land that is held in trust.
Mr. Southard advised that a booklet with all trust land was provided to the Engineering Department last fall, but the list included everything in the County. City staff requested identification for specific properties and to-date it has not been received.
Commissioner Pettyjohn, who requested this item, stated that he had spoken with Mr. Charles Malloy, Business Manager of the Citizen Potawatomi Nation, and Mr. Malloy informed him that the legals had been completed, but he wanted to get Chairman Barrett’s approval before providing the information to the City.
AGENDA ITEM NO. 17: 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. 18: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 19: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
Mr. Tom Smith, East Main Street business owner, appeared to request a solution for the parking problems on East Main Street. He stated that his business is suffering from not having adequate parking.
Public Safety Director Hank Land volunteered to investigate the situation.
AGENDA ITEM NO. 20: Commissioners’ Comments.
Commissioner Claybrook expressed concerns regarding Charter Communications’ telemarketing solicitations for digital cable.
He has received complaints from citizens being given confusing information. He requested City Manager Terry Powell to contact Andy Dearth, Regional Manager for the cable company and clarify the situation.
Commissioner Claybrook, along with other Commissioners, recently attended a “Youth Speaks Out” forum at Gordon Cooper Vo-Tech covering problems the youth are having in school and social activities.
He requested that an item be placed on the next City Commission agenda to discuss and consider using funds from the multi-purpose building for funding of a facility where youth can during the evenings.
In relation to the mentioned youth facility, Commissioner Pettyjohn suggested developing a youth advisory group.
He then mentioned that he had read in the newspaper that Woodland Park was getting two things placed in the park and he was not being critical, but was curious and asked staff who had the authority to decide what and where are objects placed in the city parks.
After discussion, Commissioner Pettyjohn suggested forming a committee to oversee and coordinate the parks.
Next, Mayor Harden, who had attended the youth forum, requested that a “working committee” of staff, youth, and Commission representatives work toward getting a youth facility and she emphasized that the youth must be involved. The committee would do the research on the success of a youth facility, seek a location, set guidelines, and obtain funding.
She mentioned that she had been in contact with the person that had donated to building the Kidspace Park, and he had committed to donate $100,000 matching funds for the youth facility.
Mayor Harden emphasized that she was not in favor of taking funds away from other capital improvement projects already in place.
Next, Commissioner Harrod stated that he had attended the youth forum, and he agreed to get a firm commitment from the youth. In his view, the youth facility is a community responsibility and he strongly urged that the private businesses, industries, and churches needed to be involved. He was not in favor of using funds already approved for other projects.
Concluding, Commissioner Weaver stated that he had received several calls complaining about Charter Communication and asked staff to direct complaints to Charter.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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