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, October 2, 2000 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 Steven Blair
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Glen Pence Hospice of Shawnee
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 16.
b. Minutes of September 18, 2000 meeting
c. Budget Amendment in Capital Improvement Fund
d. Transfers of Appropriations in Capital Improvement Fund
e. Acknowledge the following reports and minutes:
* Planning Commission minutes of September 6, 2000 meeting
* Shawnee Urban Renewal Authority minutes of August 8 and August 22, 2000 meetings
* Citizen Advisory minutes of June 14, 2000 meeting
* Civic and Cultural Development Authority minutes of August 17, 2000 meeting
f. Lakesite Lease Transfer
Lot 13, Johnston Tract
To: Raymond & Teresa Burton From: Audrey Deniece Saunders
1802 N. Beard 27 Dakota
Shawnee, OK 74804 Shawnee, OK 74801
g. Approve recommendation of Community Service Contracts Review Committee for funding of Central Oklahoma Transit System.
h. Acknowledge letter to Police Chief Hank Land from Ronn Cunningham, Chief of Police for the Town of Hall Park, expressing appreciation to Corporal Rod Taylor for his exceptional service and sympathetic response in dealing with the death of their K-9 dog.
i. Approve Application for Contribution Refund from Oklahoma Municipal Retirement Fund for lump sum payment to Janice Carr.
j. Acknowledge Order Determining Compensability and Awarding Permanent Partial Disability Benefits from the Workers Compensation Court of the State of Oklahoma (Marsh v. City of Shawnee, Court No. 1999-17269L).
k. Authorize staff to advertise for bids for property insurance for city facilities.
l. Acknowledge award from Oklahoma Good Roads & Transportation Association to City of Shawnee for 2000 O.G.&E. Superior Achievement Award.
Before taking action on the Consent Agenda, Commissioner Harrod requested to pull 1g. from the consent agenda for separate consideration.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 1 (a-l), less g. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
Commissioner Harrod asked City Manager Terry Powell for an update between the City and Action, Inc. operating as Central Oklahoma Transit System.
City Manager Terry Powell advised that an agreement had been reached between the City and Action, Inc.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1g., approving the recommendation from the Community Service Contracts Review Committee to approve funding in the amount of $59,950.00 for fiscal year 2000-1001 for Action, Inc. operating as Central Oklahoma Transit System. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations and Presentation:
Mayor Harden issued the following proclamations:
“Think Pink Day”
October 2, 2000
(accepted by Ardella Armstrong, Marketing Assistant for Shawnee Regional Hospital, Melanie Garcia, and Brandi Martin, DECA members)
“Fall Clean-up Month”
October, 2000
(accepted by Tom Terry & members of Beautification Committee)
At this time, the Beautification Committee presented potted kale and pansy plants to the City Commissioners and City Manager.
Next, Mayor Harden presented a Resolution of Appreciation to Assistant Fire Chief Thomas D. Yates for more than 24 years of loyal service to the City of Shawnee.
Resolution No. 6086 entitled “A resolution expressing appreciation to Thomas D. Yates for more than 24 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 Thomas D. Yates.”
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Title and Resolution No. 6086 be approved. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None
The Shawnee Fire Department Color Guard led by Fire Chief James Roberts presented Mr. Yates a gold firefighter’s axe decorated with the Fire Department’s official seal.
Mr. Yates thanked the Shawnee Fire Department and the Board of City Commissioners by stating that he could not imagine spending his life anywhere else.
Under Agenda Item No. 3, it was the consensus of the Commission to deviate from the formal agenda and go to the next item since Ms. Ricks was not present at that time to give the financial report.
AGENDA ITEM NO. 4: Update and report by Ann Davis concerning Woodland Park.
Ms. Ann Davis, Chair of the Woodland Park Committee, gave an update on the project of installing a water fountain and new Christmas lighting decorations in the park.
She informed the Commission that the fountain was donated, monetary donations were being received for the decorations, and help in other forms such as installation of electrical lines by Commissioner Harrod.
Ms. Davis stated that the Committee was contacting churches, schools, and individuals to participate in the holiday celebration, beginning November 30, to give musical performances on Thursday nights prior to Christmas Day.
She concluded that city and county staff were working in cooperation with the Woodland Committee and she thanked the Commission for their support.
AGENDA ITEM NO. 3: Presentation by Tonya Ricks and Teresa Askin concerning fundraising status for KidSpace Park.
Ms. Tonya Ricks, committee member, gave an update on the status of Kidspace Shawnee Park.
She reported that to-date $89,746 was received in cash and pledges and approximately $83,000 was still needed for construction of the park.
Ms. Ricks noted that the anticipated build date was set for Tuesday, March 28, 2001.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance for a conditional use permit on property located at 512 West Shawnee Mall Drive from CP, Planned Shopping District to CP-P, Planned Shopping District with conditional use permit for a restaurant to sell beer and alcohol for consumption on the premises. (Applicant: Williams, Box, Forshee & Bullard for Southwest Shopping Centers, LLC)
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 512 West Shawnee Mall Drive with conditional use permit for a restaurant to sell beer and alcohol for consumption on the premises.
It was noted the Planning Commission and staff recommended approval of the application.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the hearing was closed.
After due and careful consideration, Ordinance No. 1981NS was introduced and the title read aloud.
Ordinance No. 1981NS 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 Northwest Quarter (NW4) of Section 31, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma and being described as follows: Commencing at the Southwest Corner of said Northwest Quarter (NW/4) thence N00º01’51”E along the West line of said Northwest Quarter (NW/4) a distance of 959.99 feet to the point of beginning; thence continuing N00º01’51”E a distance of 131.64 feet; thence S89º59’03”E a distance of 250.19 to a point of curvature; thence along said curve to the right having a radius of 25.00 feet (said curve being sub-tended by a chord bearing S44º59’03”E and a chord length of 35.36 feet) an arc length of 39.27 feet; thence S00º00’57”W a distance of 130.50 feet to a point of curvature; thence along said curve to the left having a radius of 61.00 feet (said curve being sub-tended by a chord bearing S44º59’03”E and a chord length of 86.27 feet) an arc length of 95.82 feet; thence S89º59’03”E a distance of 55.09 feet; thence S00º01’36”W a distance of 177.61 feet; thence N89º58’24”W a distance of 146.71 feet; thence N56º17’00”W a distance of 90.14 feet; thence N89º58’24”W a distance of 110.71 feet; thence N02º22’47”W a distance of 212.19 feet; thence N89º31’19”W a distance of 50.00 feet to the point of beginning, granting permissive use application for said property to CP-P, Planned Shopping District with conditional use permit, amending the official zoning map of the City of Shawnee accordingly.”
Motion by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1981NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance for a conditional use permit on property located at 3900 N. Harrison from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with conditional use permit for a restaurant to sell beer and alcohol for consumption on the premises. (Applicant: Kay Lee)
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 3900 North Harrison with conditional use permit for a restaurant to sell beer and alcohol for consumption on the premises.
It was noted the Planning Commission and staff recommended approval of the conditional use permit and there were no formal protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the hearing was closed.
After due and careful consideration, Ordinance No. 1982NS was introduced and the title read aloud.
Ordinance No. 1982NS 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 beginning at the Northeast Corner of the South 7.55 acres of Lot W to Armourdale Addition to the City of Shawnee, Pottawatomie County, Oklahoma; thence South 200 feet; thence West 200 feet; thence North 200 feet; thence East 300 feet to the point of beginning, according to the recorded plat thereof, granting permissive use application for said property to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.”
Motion by Commissioner Harrod, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Claybrook, Pettyjohn, Harden, Blair, Roach, Downing
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1982NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance for annexation of property located north of Independence and east of Bryan. (Applicants: Tom and Greg Brown Homes).
Mayor Harden declared a public hearing in session to consider an ordinance for annexation of property located north of Independence and east of Bryan.
It was noted the Planning Commission and staff recommended approval of the annexation.
Also it was stated in the agenda notes that this property is anticipated to be developed residential and a zoning request will be presented to staff in the near future with a layout of the entire 120 acres as a Planned Unit Development.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the hearing was closed.
After due and careful consideration, Ordinance No. 1983NS was introduced and the title read aloud.
Ordinance No. 1983NS entitled “An ordinance annexing certain territory and property outside the present city limits into the city limits of the City of Shawnee, Oklahoma, pursuant to Title 11 of the Oklahoma Statutes; describing said property; repealing all ordinances and parts of ordinances in conflict herewith, providing for severability; and declaring an emergency.”
Motion by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Sections 1, 2, 3, and 4, be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1983NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider a request for a preliminary plat of the Windmill Ridge Addition located north of Independence and east of Bryan. (Applicants: Tom and Greg Brown Homes).
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve the request for a preliminary plat of approximately 120 acres located north of Independence and east of Bryan Street as submitted by applicants, Tom and Greg Brown Homes.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 9: Consider request for a final plat of The Orchard Addition located south and east of Bradley and Center. (Applicant: Jeff and Doty Case)
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the request for a final plat of The Orchard Addition located south and east of Bradley and Center as submitted by applicants, Jeff and Doty Case.
AYE: Harrod, Pettyjohn, Harden, Blair, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider request for a final plat of the Cedar Shores Addition located south of Pulaski and east of Union streets. (Applicant: David Tomlinson)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the request for a final plat of the Cedar Shores Addition located south of Pulaski and east of Union streets as submitted by applicant, David Tomlinson.
AYE: Harrod, Pettyjohn, Harden, Blair, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 11: Consider acceptance of Gray Dove Ridge Addition improvements (water lines, sanitary sewer and paving) and placing maintenance bonds into effect.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve acceptance of the Gray Dove Ridge Addition improvements (water lines, sanitary sewer and paving) and placing maintenance bonds into effect.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 12: Consider acceptance of Sauk Addition improvements (water lines and sanitary sewer) and placing maintenance bonds into effect.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve acceptance of the Sauk Addition improvements (water lines, sanitary sewer and paving) and placing maintenance bonds into effect.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 13: Consider acceptance of Oakland Street Paving Project and placing maintenance bonds into effect.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to approve acceptance of Oakland Street Paving Project and placing maintenance bonds into effect.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 14: Consider granting easement to Canadian Valley Electric Cooperative along Archery Range Road.
Before granting an easement to Canadian Valley Electric Cooperative along Archery Range Road, the Commission heard from Mr. Greg Grider, resident next to the proposed easement, requesting the Commission to not allow the above-ground easement which would be located through his driveway.
City Engineer John Krywicki suggested that an underground easement could be considered and that it would eliminate several trees from being cut down to allow for the easement.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve granting a 20-foot utility easement along the north side of Archery Range Road to Canadian Valley Electric Cooperative with the condition that the electrical facilities be installed underground. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 15: Presentation by Jim Wilsie concerning water deposit policy.
Responding to citizen complaints about Shawnee’s utility deposit policies, Shawnee City Commission asked City Treasurer/Finance Director Jim Wilsie to research the utility deposit options.
Mr. Wilsie reported that the most common complaints heard by city staff regarding current utility deposit requirements are that they are too high, deposits are required even if a customer has a letter of credit from another utility, and they are kept permanently, even when a customer has a good payment record.
In response, a survey was made of comparable sized cities’ utility deposit policies.
Mr. Wilsie advised the survey found the City of Shawnee is not out of line with the other cities; particularly with homeowners. He said renters and business deposits are slightly higher.
After giving the report, Mr. Wilsie asked for direction from the Commission if they wished to pursue this matter further.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to direct Mr. Wilsie to pursue further options regarding utility deposits and make a report on his findings at the November 20, 2000 City Commission meeting. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach, Downing
NAY: None
AGENDA ITEM NO. 16: Consider Bids
a. One Self-Priming Centrifugal Pump (award)
BIDDER AMOUNT
Kirby Smith Machinery, Inc. $41,107.00
ICM of Oklahoma City $33,600.00
Haynes Equipment Company $52,735.00
The tabulation for the self-priming centrifugal pump was inadvertently left off of the September 18, 2000 minutes.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to accept staff’s recommendation to award the bid for one self-priming centrifugal pump to ICM, Oklahoma City, Oklahoma, in the amount of $33,600.00 as the lowest and best bid. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
b. Municipal Liability Insurance (open)
BIDDER AMOUNT
Oklahoma Municipal Assurance Group $114,384.51
Oklahoma City, OK $102,946.06 (early payment option)
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to defer action on the bid received for municipal liability insurance to the next meeting. Motion carried.
AYE: Claybrook, Roach, Downing, Pettyjohn, Harrod, Harden, Blair
NAY: None
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: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)
Under Citizens Participation, Ms. Ann Davis, Sister Cities Council Chairperson, presented Mayor Harden and the City with gifts from Nikaho, Japan presented by the visiting Nikaho delegation that had just departed after a five-day stay in Shawnee.
She also presented two gifts from the Nikaho International Friendship Association to City Manager Terry Powell as representative on behalf of the Sister Cities Council.
Mr. Scott Warren, local citizen and parent, spoke about the need for youth soccer facilities in Shawnee. He stated that five years ago when the Shawnee Soccer Association was organized, there were approximately 120 students who participated, and now there are over 360 playing.
AGENDA ITEM NO. 19: Commissioners’ Comments.
Under Commissioners’ Comments, Mayor Harden mentioned the following:
*A reception was held at the Ramada Inn last Friday night for Ryan Franklin, from Shawnee, an Olympic gold medallist, who was on the baseball Team USA that played in the Sydney, Australia games last week
*Buford White invitation for free pancake breakfast in appreciation to the community
*City of Shawnee was selected to receive a superior achievement award in the “Good Roads” recognition program as a result of the Public Works Department submitting an entry
*Can the process be expedited to clean up and cite violators for putting trash in the rights-of-way?
City of Shawnee Planning/Code Enforcement Director Mike Southard responded that there is a due process and a time factor is involved, but he noted that a ticket had been issued for the code violation. He stated he would investigate the situation further and review the process to make it more efficient.
AGENDA ITEM NO. 20: Administrative Reports.
Under Administrative Reports, City Manager Terry Powell and City Engineer John Krywicki gave an updated report on the Federal Street paving improvement project.
They reported that the slow progress was due to unmoved waterlines that the contractor was dealing with since they had not been shown on the working plans.
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. (9:03 p.m.)
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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