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Date: 12/6/2004Board: City CommissionDocumentType: MinutesWeb Posted: 12/21/2004 9:36:00 AM




BOARD OF CITY COMMISSIONERS PROCEEDINGS

DECEMBER 6, 2004 AT 5:30 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, December 6, 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

Marva O’Neal David Hadley MD
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

INVOCATION Reverend Jimmie Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Minutes of the November 15, 2004 meeting.

b. Acknowledge the following reports and minutes:

* Warrant Officer report for the month of November, 2004

* Civic and Cultural Authority minutes from the October 21, 2004 meeting

* Shawnee Urban Renewal Authority minutes from the November 2, 2004 meeting

* Traffic and Transportation Commission minutes from the September 28, 2004 meeting.

c. Acknowledge official certificate of votes of November 2, 2004.

d. Approve appointment of Mayor Chuck Mills as local elected official for East Central Workforce Investment Area representing the City of Shawnee.

e. Confirm appointment of City Manager Jim Collard as Public Safety Director (Acting Police Chief).

f. Approve a resolution granting an exception to city policy to allow Conny Clay to keep his handgun.

g. Authorize staff to advertise for bids to repair 27” raw water line.

h. Authorize staff to advertise for bids for backhoe for Line Maintenance.

i. Approve Mortgage of Leasehold interest of Shawnee Lake Hart Tract, Lots 6 and 7 to First United Bank with reservation of city right to approve transfer.

j. Approve Schedule of Regular Meetings for 2005 for Shawnee City Commission, Shawnee Municipal Authority and Shawnee Airport Authority.

k. Recommendations from the Traffic and Transportation Commission November 23, 2004 meeting:

1. Request from Billye Hatch, 31 Bella Vista Lane, to install a street light at the end of the cul-de-sac.

Recommendation: To approve request

2. Request from Public Works staff to establishing a policy for future requests of “Slow Children at Play” and “Children at Play” and explaining why such requests are not considered by the board.

Recommendation: To approve request (See attached)

3. Request from Marta Land, 2425 N. Kickapoo, to stripe a loading zone in the middle of 9th Street between Bell Street and the alley to the east for loading from her flower shop in the Masonic Building.

Recommendation: To mark with signage a 15 minute Loading/Unloading zone at the extreme southwest parking spot in front of the Masonic Building.

4. Request of Kyla Custar, 33308 Pecan Grove Road, to install a 3-way stop at the T-intersection of Lake Dam #2 Road and Pecan Grove Road.

Recommendation: To defer request until the next regular meeting to give the board more time to review.

l. Mayor’s Appointments:

Civic and Cultural Development Authority

Reappoint Jim Lowe to a 4-year term to expire 12/31/08

React Ambulance Authority

Reappoint Commissioner Downing to a one-year term to expire 1/1/06

Skate Park Oversight Committee

Mayor Chuck Mills
Commissioner Marva O’Neal
Jessie Genn
Jon Greenwood
Billye Sue Hatch
Debbie Richardson
Billy Brashears
Daniel Torres

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve Consent Agenda Item No. 1 (a-l). Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None

AGENDA ITEM NO. 2: Mayor’s Presentation.

Resolution No. 6215 was introduced and the title read aloud.

Resolution No. 6215 entitled “A resolution to the City of Shawnee, Oklahoma, approving an exception to the city policy to allow Police Lieutenant Conny Clay to keep his hand gun upon his retirement.”

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None

Thereupon Resolution No. 6215 was duly passed and adopted.

Lieutenant Clay was present to accept the resolution and he was applauded for his service.
AGENDA ITEM NO. 3: 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) (Continued from 11/15/04).

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)

City Manager Jim Collard requested to continue the public hearing due to staff’s continuance of information gathering.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to continue the public hearing on rezoning properties to allow location of communication towers at several school properties to the January 18, 2005 City Commission meeting. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 4: Consider renewal of contract with Town of Tecumseh for the care, treatment and disposal of animals.

City Attorney John Canavan advised the Commission that a last minute change to delete Section 17, the indemnification clause, had been made by the Town of Tecumseh’s attorney regarding the contract for services for treatment and disposal of animals.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the contract for treatment and disposal of animals provided by the City’s Animal Shelter with the Town of Tecumseh be deferred to a future meeting to allow staff time to review. Motion carried.
AYE: Peterson, Schrzan, O’Neal, Mills, Hadley, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 5: Consider recommendation from staff regarding property located at 147 S. Draper. (Travis Guess)

Community Development Director Mike Southard spoke regarding the property located at 147 South Draper owned by Travis Guess.
He updated the Commission on the history of the property which had been recommended by staff to raze and remove the house in January 2003, due to no work being made on the house.
In February 2003, Mr. Guess plead his case and the Commission granted extensions and an additional six months in order to get the owner to bring this property up to code. As to date, no inspections have been made.
In discussion, Mr. Travis Guess, appeared before the Commission to plead again for additional time due to various circumstances.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to defer this item to the next City Commission meeting to allow the city inspector to make an inspection of the house at 147 South Draper and forward his findings to the Commission. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None

AGENDA ITEM NO. 6: Consider a resolution supporting the Trails Master Plan.

Resolution No. 6216 was introduced and the title read aloud.

Resolution No. 6216 entitled “A resolution supporting the Trails Master Plan Project; supporting favorable consideration be given for transportation enhancement grant funds for project in the grant cycle commencing in January 2005; and finding that the proposed project is consistent with the City’s comprehensive plan.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the Title and Resolution be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None

Thereupon Mayor Mills declared Resolution No. 6216 duly passed and adopted.
AGENDA ITEM NO. 7: Consider a resolution supporting the University Trails/Airport Trails Improvement Project.

Resolution No. 6217 was introduced and the title read aloud.

Resolution No. 6217 entitled “A resolution supporting the Airport Trail Extension and Safety Improvement Project; supporting favorable consideration be given for Transportation Enhancement Grant Funds for project in the grant cycle commending in January 2005; and finding that the proposed project is consistent with the City’s Comprehensive Plan and the Parks Master Plan.”

A motion was made by Commissioner Hadley, seconded by Vice Mayor Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Hadley, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Resolution No. 6217 duly passed and adopted.
AGENDA ITEM NO. 8: 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. 9: Administrative Reports.

Under Administrative Reports, City Engineer John Krywicki reported on various street projects; bid opening on January 3, 2005 for the 27” waterline repair of 300 feet; the completion of the Kickapoo Street drainage storm box by the Shawnee Mall; and the contractor had started the eastside sidewalk improvement project.
Community Development Director Mike Southard reported that an engineer had been selected for the Regional Park survey.
City Manager Jim Collard requested to conduct a budget training session for the City Commission. Treasurer Becky Cragin and Systems Administrator Steve Nolen would be involved to give the technical aspects of the budget flow on a power point presentation.
The city manager will find a date next week for the special called meeting for the budget training.
AGENDA ITEM NO. 10: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)

Under Citizens Participation, Ms. JoAnn Cox, recently annexed into the city, made comments regarding the requested communication towers for the schools and the meeting time changed back to 7:00 p.m.
Mr. Don Mace, former lakesite lessee, came before the Commission to ask consideration to give his son the opportunity to lease the property.
Ms. Ida Morgan, 920 N. Market, requested assistance to have her dirt driveway checked to see what could be done to make improvements in order to use the driveway where her car would not drag. Staff offered for city inspector to check the driveway. She also commented that she liked the meetings at the 5:30 p.m. time.


AGENDA ITEM NO. 11: Commissioners Comments.

Under Commissioners Comments, Commissioner Hadley requested a summary of events that transpired with the Don Mace’s lake lease. The mayor will forward the packet he received from Dr. Mace for staff to distribute.
AGENDA ITEM NO. 12: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried. (7:11 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None

______________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:

________________________________
DIANA HALLOCK, CITY CLERK



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