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, Tuesday, January 20, 2004 at 7:00 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 Bob Weaver
Commissioner Ward 1 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
ABSENT:
Robert M. Pettyjohn James Harrod
Commissioner Ward 2 Commissioner Ward 3
INVOCATION Reverend Emmitt Hazelwood Chaplain, Unity Medical Center
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the January 5, 2004 meeting.
b. Budget amendments in 2002 Home Grant Fund, 2002 CDBG Entitlement Grant Fund and Capital Improvement Fund
c. Transfers of Appropriation in Gifts and Contributions Fund and Capital Improvement Fund
d. Acknowledge the following reports and minutes:
Sales Tax Report through January, 2004.
Utility Division Report for the month of December, 2003
City Clerk report for the month of December, 2003
Warrant Officer activity report for calendar year 2003.
Shawnee Community Center report for the month of December, 2003, quarterly report for October, November and December, 2003 and annual report for 2003.
Shawnee Urban Renewal Authority minutes from the December 16, 2003 meeting.
Planning Commission minutes from the December 17, 2003 meeting.
Shawnee Beautification Committee minutes from the November 3 and December 1, 2003 meetings.
Airport Advisory Board minutes from the November 12, 2003 meeting.
Sister Cities Council minutes from the December 9, 2003 meeting.
e. Lakesite Leases: Renewals:
Lot 12, Magnino A Tract Lot 14, Magnino A Tract
Larry L. Mitchell Don & Teiko Hulme
92 Magnino Road 5413 Huddleston
Shawnee, OK 74801 Shawnee, OK 73135
Lot 15B, Belcher Tract Lot A, South School Tract
Tom & Mardell Gabel Kay Wilkinson & Tracy Smiley
17 Post Office Neck 31702 Lake Road
Shawnee, OK 74801 Shawnee, OK 74801
Transfer:
Lot 5, Mosler Tract
To: Toni & Christopher Sears From: Leo Thompson
1851 N. First 20678 NE Haas
Harrah, OK 73045 Harrah, OK 73045
f. Acknowledge letter of resignation from Commissioner Robert Pettyjohn as Ward 2 Commissioner.
g. Acknowledge Workers Compensation Court Order regarding Tommy R. Daniel, Jr.
h. Mayors Appointments:
Oklahoma Baptist University Board of Trustees
Appoint John A. Patterson to a term to expire August 1, 2009
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Consent Agenda Item No. 1 (a-h), inclusive, be approved as presented. Motion carried.
AYE: Weaver, Downing, Claybrook, Harden, Peterson
NAY: None
AGENDA ITEM NO. 2: City Managers Presentation of Employee of the Month.
Personnel Director Dave Chesher presented a plaque and gift certificate to Police Officer Freeland Wood as the January employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at 806 E. Grant Street from R-3; Multi-Family Residential District to C-1; Neighborhood Commercial District for use as Early Head Start Facility. (Applicant: Central Tribes of Shawnee Area, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 806 East Grant for use as a Neighborhood Commercial District for an Early Head Start Facility.
It was noted the Planning Commission had recommended approval of the rezoning 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. 2122NS was introduced and the title read aloud.
Ordinance No. 2122NS 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: A tract of land described as beginning at a point 172.50 feet west and 50 feet north of the southeast corner of Block Four (4), Yates Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; thence west 171.50 feet; thence north 95.30 feet; thence east 171.50 feet; thence south 95.30 feet to the point of beginning and a tract of land described as beginning 25 feet east of the southwest corner of Block Four (4) Yates Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; thence north 50 feet; thence east 171 feet; thence south 50 feet; thence west 171 feet to the point of beginning rezoning said property from R-3; Multi-family Residential District to C-1; Neighborhood Commercial 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, Peterson, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2122NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 2029 N. Harrison from CP; Planned Shopping Center District to C-3; Automotive and Commercial Recreation District for use as an automobile garage. (Applicant: Century 21 Bob Crothers Realty on behalf of Kirk Humpreys)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 2029 North Harrison for use as an automobile garage.
It was noted the Planning Commission had recommended approval of the rezoning 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. 2123NS was introduced and the title read aloud.
Ordinance No. 2123NS 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: A part of Lot Nine (9), Block Fourteen (14) Northridge Addition, 5th Section, of the City of Shawnee, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at a point S01°0802W a distance of 39.00 feet from the northwest corner of said Lot 9; thence S01°0802E along the west line of said Lot 9 a distance of 140 feet; thence S88°5158E a distance of 152.00 feet; thence N01°0802E a distance of 140.00 feet; thence N88°5158W a distance of 152.00 feet to the point of beginning and rezoning said property from CP; Planned Shopping Center 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 Peterson, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Peterson, Weaver, Downing, Harden
NAY: None
ABSTAIN: Claybrook
Thereupon Mayor Harden declared Ordinance No. 2123NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located south of 7th Street and west of Kickapoo Street from I-2; Light Industrial District to R-1; Single Family Residential District for use as single family dwellings. (Applicant: Shawnee Housing Authority)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located south of 7th Street and west of Kickapoo Street for use as single family dwellings.
It was noted the Planning Commission had recommended approval of the ordinance 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. 2124NS was introduced and the title read aloud.
Ordinance No. 2124NS 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 Section 24; Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, described as follows: Beginning at a point where the south right-of-way line of the abandoned A.T.&S.F. Railroad intersects the east line of Kickapoo Street, said point being the Northwest Corner of Lot 3, Block 98, of the amended plat to the City of Shawnee, according to the recorded plat thereof;
thence N89°4516W along said south right-of-way line a distance of 66.00 feet to the northeast corner of Lot 1, Block 1, Inglewood Addition to the City of Shawnee; thence S00°0000E a distance of 174.60 feet to the southeast corner of the North Half (N/2) of Lot 7 of said Block 1;
thence N89°5027W a distance of 140.00 feet; thence N00°0000W a distance of 175.59 feet to the northwest corner of Lot 1, Block 1; thence N89°4516W a distance of 20.00 feet; thence N00°0000W a distance of 50.00 feet; thence S00°0000E a distance of 50.00 feet; thence N89°4516W a distance of 59.34 feet; thence on a 3°00 curve to the right having a radius of 20032.23 feet for a distance of 150.82 feet to the northeast corner of Lot 17, Block 12, Inglewood Addition; thence S00°0000E a distance of 71.30 feet to the southeast corner of Lot 15, Block 12; thence S89°5027W a distance of 140.00 feet; thence N00°0000W a distance of 87.60 feet to the northwest corner of Lot 17, Block 12; thence northwesterly on 3°00 curve to the right having a radius of 2032.23 feet for a distance of 25.30 feet to the centerline of Chapman Street; thence N00°0000W a distance of 284.92 feet; thence S89°4516E a distance of 10.42 feet; thence N03°3841W a distance of 84.32 feet; thence S89°0739E a distance of 221.84 feet; thence N00°0642W a distance of 248.31 feet to a point on the south right-of-way line of existing Seventh Street; thence S89°4516E along said right-of-way line a distance of 245.62 feet; thence S00°0236W a distance of 294.77 feet; thence S89°4516E a distance of 203.20 feet to a point of the west right-of-way line of Kickapoo Street; thence S00°0000E along said right-of-way line a distance of 35.23 feet; thence S89°4516E a distance of 33.00 feet to the centerline of Kickapoo Street; thence S00°0000E along said centerline a distance of 109.60 feet; thence S89°4516E a distance of 33.00 feet to the east right-of-way line of Kickapoo Street; thence S00°0000E along said east right-of-way line a distance of 200.00 feet to the point of beginning, rezoning said property from zoning classification I-2; Light Industrial District to R-1; Single 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 Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Claybrook, Harden, Peterson, Downing
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2124NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider approval of the final plat of the Sehorn Office Park located at 1601 N. Airport Drive. (Applicant: LE Surveying on behalf of Dr. Mickey Sehorn)
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the final plat of the Sehorn Office Park located at 1601 North Airport Drive. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 7: Consider recommendation from Airport Advisory Board to amend Airport Minimum Standards to delete product liability requirement.
Assistant Airport Manager Jerry Sharp explained to the Commission that the Airport Advisory Board was recommending to delete the product liability from the Airport Minimum Standards stating that it was hindering new businesses to locate here and restricting development of existing businesses.
Airport Advisory Board Member Ron Davis also appeared before the Commission in favor of deleting the product liability and explained that the FAA had regulations pertaining to manufacturers and parts.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to accept the Airport Advisory Boards recommendation to amend the Airport Minimum Standards deleting product liability. Motion carried.
AYE: Claybrook, Downing, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 8: Consider the following ordinances adopting updated building codes: (Deferred from 1/5/04 meeting)
a. The 2003 edition of the ICC Electrical Code
b. The 2003 edition of the International Residential Code
c. The 2003 edition of the International Building Code
d. The 2003 edition of the International Plumbing Code
e. The 2003 edition of the International Energy Conservation Code
f. The 2003 edition of the International Mechanical Code
g. The 2003 edition of the International Private Sewage Disposal Code
Mayor Harden advised that the Commission would deviate from the formal agenda and consider Agenda Item No. 9.
AGENDA ITEM NO. 9: Consider purchase of vehicle to replace police vehicle that was totaled in an accident.
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to approve the purchase of a new vehicle to replace the police vehicle that was totaled in a recent accident. Motion carried.
AYE: Claybrook, Peterson, Downing, Harden, Weaver
NAY: None
AGENDA ITEM NO. 10: Authorize staff to advertise for bids for the purchase of two entry-way signs to be located on I-40 and Kickapoo Street and I-40 and Harrison Street.
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to authorize staff to advertise for bids for the purchase of two entry-way signs to be located on I-40 and Kickapoo Street and I-40 and Harrison Street. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 11: Presentation by staff of mid-year financial status.
Finance Director Terry Compton gave a power point presentation showing one of the tightest budgets in recent years. He advised that sales tax revenue was down slightly and added that grants had been helpful to Fire and Emergency Management Departments.
He suggested a possible option would be doing a portion of the waterline replacement on Kickapoo Street this fiscal year and completing the project next fiscal year. The possibility of increasing water rates was another option mentioned.
AGENDA ITEM NO. 12: Consider awarding bid for Bell Street Streetscape Project.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to award the bid for Bell Street Streetscape Project to Vantage Paving of Oklahoma City, Oklahoma, in the amount of $779,956.00 as the lowest and best bid. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: None
The Commission now returned to consider Agenda Item No. 8.
AGENDA ITEM NO. 8: Consider the following ordinances adopting updated building codes: (Deferred from 1/5/04 meeting)
a. The 2003 edition of the ICC Electrical Code
Ordinance No. 2125NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the ICC Electrical Code Administrative Provisions, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems in the City of Shawnee; providing for the issuance of permits and collection of fees therefore; repealing and all other ordinances and parts of ordinances in conflict therewith; and providing for severability.
A motion was made by Commissioner Peterson, seconded by Commissioner Weaver, that the Title and Sections 1-6, be approved. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2125NS duly passed and adopted.
b. The 2003 edition of the International Residential Code
Ordinance No. 2126NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the International Residential Code, for the purpose of regulating the fabrication, erection construction, enlargement, alteration, repair, location and use of one-and two-family dwellings, their appurtenances and accessory structures; providing for the issuance of permits therefore; and providing penalties for the violations thereof; repealing all other ordinances and parts of the ordinances in conflict therewith; and providing for severability.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Sections 1-5, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2126NS duly passed and adopted.
c. The 2003 edition of the International Building Code
Ordinance No. 2127NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the International Building Code, regulating and governing the control of building and structures, providing for the issuance of permits and collection of fees therefore; repealing all other ordinances and parts of ordinances in conflict therewith; and providing for severability.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2127NS duly passed and adopted.
d. The 2003 edition of the International Plumbing Code
Ordinance No. 2128NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the International Plumbing Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Shawnee; providing for the issuance of permits and collection of fees therefore; repealing all other ordinances and parts of the ordinances in conflict therewith; and providing for severability.
A motion was made by Commissioner Peterson, seconded by Commissioner Weaver, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2128NS duly passed and adopted.
e. The 2003 edition of the International Energy Conservation Code
Ordinance No. 2129NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the International Energy Conservation Code, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems therefore; repealing all other ordinances and parts of ordinances in conflict therewith; and providing for severability.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2129NS duly passed and adopted.
f. The 2003 edition of the International Mechanical Code
Ordinance No. 2130NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the International Mechanical Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Shawnee; providing for the issuance of permits and collection of fees therefore; repealing all other ordinances and parts of the ordinance in conflict therewith; and providing for severability.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Weaver, Downing, Peterson, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2130NS duly passed and adopted.
g. The 2003 edition of the International Private Sewage Disposal
Code
Ordinance No. 2131NS entitled An ordinance of the City of Shawnee adopting the 2003 edition of the International Private Sewage Disposal Code, regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of individual sewage disposal systems in the City of Shawnee therefor; repealing all other ordinances and parts of the ordinances in conflict therewith; and providing for severability.
A motion was made by Commissioner Peterson, seconded by Commissioner Weaver, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2131NS duly passed and adopted.
AGENDA ITEM NO. 13: 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.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 15: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Jim Sims appeared to apologize to the Commission for his contrary behavior at the last meeting regarding the handicap ramp at the Shawnee Public Library and he agreed with the City that it did meet ADA requirements.
AGENDA ITEM NO. 16: Commissioners Comments.
There were no Commissioners Comments.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (8:42 p.m.)
AYE: Downing, Peterson, Claybrook, Harden, Weaver
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK
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