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, November 15, 2004 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chuck Mills
Mayor
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION The Lord’s Prayer led by
Diana Hallock, City Clerk
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the November 1 and November 8, 2004 meetings.
b. Budget amendment in 1999 CDBG Entitlement Grant Fund, 2001 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund, 2003 CDBG Entitlement Grant Fund and 2002 HOME Grant Fund.
c. Transfer of Appropriations in 2001 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund and 2003 CDBG Entitlement Grant Fund.
d. Acknowledge the following reports and minutes:
* Sales Tax Report through November, 2004
* Utility Division Report for the month of October, 2004
* City Clerk report for the month of October, 2004
* Warrant Officer’s report for the month of October, 2004
* Shawnee Community Center report for the month of October, 2004
* Sister Cities Council minutes from the October 5, 2004 meeting
* Planning Commission minutes from the October 6, 2004 meeting.
* Shawnee Urban Renewal Authority minutes from the October 19, 2004 meeting.
e. Lakesite Lease Renewals:
Lot 7, Belcher Tract
Glen & Freda Collins
33608 Belcher Road
Shawnee, OK 74801
f. Authorize staff to advertise for bids for pipe bursting project.
g. Mayor’s Appointments:
Traffic and Transportation Commission
Appoint Tim Stephens to a term to expire 1/1/07
Civic and Cultural Development Authority
Appoint Carl Packwood to a term to expire 12/31/07
Before voting on the Consent Agenda, item (g) was pulled for separate consideration, as requested by Mayor Mills.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve the Consent Agenda 1 (a-f), less (g). Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
1(g) Regarding the appointment of Carl Packwood to the Civic and Cultural Development Authority, it was noted that the term should be changed from 12/31/07 to 12/31/05, to return the term to its original order.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve 1(g), Mayor’s Appointments with the noted change in the term limit from December 31, 2007 to December 31, 2005 for Carl Packwood’s appointment to the Civic & Cultural Development Authority. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 2: Presentation by Charles Skillings regarding Shawnee Hospital Authority and reappointment of Robert Barnard, Glen Hanson, John Robinson and Charles Skillings to Shawnee Hospital Authority to terms expiring on 9/30/10.
Mr. Charles Skillings, Unity Health Center CEO, presented a brief overview of the history of the relationship between the City and the Authority.
He informed that with the initial construction of the Shawnee Hospital Center, the City was made beneficiary, but it has no obligations to any of the hospital’s debts nor any responsibilities.
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, to reappoint Robert Barnard, Glen Hanson, John Robinson, and Charles Skillings to the Shawnee Hospital Authority with terms expiring on September 30, 2010. Motion carried.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
AGENDA ITEM NO. 3: Mayor’s Presentation.
Mayor Mills presented a Resolution of Appreciation to Lawrence D. Alexander for over 27 years of loyal service to the City of Shawnee.
Resolution No. 6213 was introduced and the title read aloud.
Resolution No. 6213 entitled “A resolution expressing appreciation to Lawrence D. Alexander for over 27 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 Lawrence D. Alexander.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution No. 6213 be approved. Motion carried.
AYE: Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley, Downing
NAY: None
Thereupon Mayor Mills declared Resolution No. 6213 duly passed and adopted.
AGENDA ITEM NO. 4: City Manager’s Presentation to Employee of the Month (Jeremy Brown – Engineering Technician).
City Manager Jim Collard presented a plaque and gift certificate to Jeremy Brown, Engineering Tech, as the November employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 5: Public hearing and consider ordinances rezoning the following properties to allow location of communication towers at several school properties: (Applicant: Trillion Partners, Inc. on behalf of Shawnee Public Schools)
a. 800 N. Louisa from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Jefferson Elementary)
b. 1001 N. Kennedy from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Shawnee High School)
c. 1830 N. Beard from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Wilson Early Childhood Center)
d. 1401 E. Independence from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Sequoyah Elementary)
e. 326 N. Union from C-4; Central Business District to C-4P: Central Business District with Conditional Use Permit. (School Administration)
f. 2600 N. Union from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit. (Will Rogers Elementary)
Mayor Mills declared a public hearing in session to consider ordinances rezoning certain properties to allow for installation of communication towers at the following school properties: 800 N. Louisa (Jefferson Elementary), 1001 N. Kennedy (Shawnee High School), 1830 N. Beard (Wilson Early Childhood Center), 1401 E. Independence (Sequoyah Elementary), 326 N. Union (School Administration), and 2600 N. Union (Will Rogers Elementary)
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommended approval of Conditional Use permits for six school sites. There are two schools that will have towers mounted on the roofs that meet city code. Also the Board of Adjustment will consider varying the setback requirements on three of the sites at a meeting set on November 18.
Next, Ms. Lynda Nichol, technology director for Shawnee Public Schools, spoke to the Commission stating that the system would be twenty times faster than the current network and could also handle future growth.
The towers are owned by Trillion Partners, Inc., which specializes in school sites.
Mr. Randy Wright, Trillion Regional Manager, and Mr. Kevin Coutant, Agent, spoke about their service offering filters specifically set up for schools which cable was not able to furnish.
Several citizens spoke against the placement of the towers for safety and aesthetic reasons.
Although the Planning Commission recommended approval, Planning Commissioners Mary Atwood, Chairperson, and John Holt, expressed their concerns about the lack of background information for their meeting to make a firm recommendation to the Commission.
Upon discussion, the Commission felt it needed more time and information before making a decision.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to continue the public hearing on the communication towers for the Shawnee Public Schools to the December 6, 2004 City Commission meeting. Motion carried.
AYE: Peterson, Schrzan, O’Neal, Mills, Hadley, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 6: Consider changing City Commission meeting time from 5:30 p.m. to 7:00 p.m.
Commissioner Schrzan requested to move the City Commission meetings back to 7:00 p.m. due to citizens’ request. Other Commission members had not received feedback from the community.
A motion was made by Commissioner Schrzan to change the 5:30 p.m. City Commission meetings to 7:00 p.m. The motion died for lack of a second.
AGENDA ITEM NO. 7: Consider establishing a Skate Park Oversight Committee.
Community Development Director Mike Southard reported that proposals and professional qualifications for the skate park design are due December 3rd and he recommended that an ad hoc oversight committee be established to conduct the process of review and recommendation to contract with the selected firm.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to establish a Skate Park Committee consisting of nine (9) members to oversee the skate park proposals. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 8: Consider authorizing staff to negotiate contract with Absentee Shawnee Tribe for sewer extension to the tribe’s casino located east of Shawnee on Westech Road.
Community Development Director Mike Southard requested authorization to negotiate a contract with the Absentee Shawnee Tribe to provide wastewater treatment for its casino development five (5) miles east of Harrison/State Highway 18 on Westech Road.
Mr. Southard noted that since the newly adopted policy for extending utilities outside the city limits was in effect, negotiations with the Tribe could begin; and staff would come back to the Commission for final approval.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to authorize staff to negotiate a contract with the Absentee Shawnee Tribe for sewer extension to the tribe’s casino being built east of Shawnee on Westech Road. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: Claybrook
AGENDA ITEM NO. 9: 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. 10: Administrative Reports.
Under Administrative Reports, the following reports were given:
*City Engineer John Krywicki reported that at the next meeting staff will request to advertise for bids to repair the broken 27-inch raw waterline at Shawnee Twin Lakes; and the 20-inch waterline underneath the river is being explored by staff.
*City Manager Jim Collard reported that the positions for Public Works Director and Police Chief would be advertised; and he noted that the Commission Chambers may be painted a lighter color for better cable television viewing and microphones checked for better sound.
AGENDA ITEM NO. 11: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Phil McInturff, 220 South Leo, appeared before the Commission presenting a petition signed by eleven (11) residents, who are opposed to the unsanitary conditions, odors, and appearance of neighborhood property at 304 South Leo, the petting zoo, “Noah’s Ark,” owned by Paul Mehagan.
Mr. Robert Mace, son of Don Mace, who previously had a lakesite lease at Shawnee Twin Lakes but was terminated due to violations, appeared before the Commission to protest the August 16, 2004 City Commission decision to terminate the lease with Don Mace.
AGENDA ITEM NO.12: Commissioners Comments.
There were no Commissioners Comments.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried. (7:53 p.m.)
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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