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 4, 1999 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Max Shumake
United Presbyterian Church
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 proposals as set forth in Agenda Item No. 7.
b. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of August 19, 1999.
c. Budget amendment to Capital Improvement Fund.
d. Lakesite Lease Transfers
Lot 14B, North School Tract
Fr: Thurman Caperton To: Michael Terry Wilson
2550 Timanus Dr. 14397 Forest Lane
Sulphur, OK Choctaw, OK
Lot 7, Mosler Tract
Fr: Harvey Edgmon To: Vicki Storin
50 Archery Range Rd. 50 Archery Range Rd
Shawnee, OK Shawnee, OK
Lot 1, Coffman Tract
Fr: Clarke III, Corp To: Stanley L. Mills
P.O. Box 1117 684 Living Spring Tr.
Shawnee, OK Goldsby, OK
e. Acknowledge correction of the name of the person appointed to Citizens Advisory Committee on September 20, 1999 as Curtis Hinex instead of Cecil Henix.
f. Recommendation from the Traffic and Transportation Commission meeting of September 28, 1999:
1) Request from Mr. Kevin Kerbo, Pre-Development Manager, Cracker Barrel Old Country Store, P.O. Box 787, Lebanon, Tennessee, for whiteway lighting on Mission Parkway.
Recommendation: To approve request.
2) Consider request from Mr. Ray Burton, 1802 North Beard, to change the “No Parking” in front of residences in the 1800 block North Beard to “No Parking – 8:00 a.m. to 4:00 p.m. School Days.” Currently the ordinance states “No Parking on the Westside from Cammack to Emmett.”
Recommendation: To approve request.
3) Consider request from Mayor Chris Harden, City Hall, for 3-way stop signs at Elm and Bradley.
Recommendation: To deny request.
4) Consider request from Mr. Archie Hill, 1 West Farrall, for
“Do Not Block Intersection” signs for east and west bound
traffic on Farrall at Broadway.
Recommendation: Staff recommends this item be submitted to ODOT since Farrall Street is a state highway.
g. Authorize staff to advertise for bids on the Sanitary Sewer Rehab Project (pipe bursting).
h. Authorize staff to advertise for bids for a Flexible Benefits Plan (Section 125 Plan) for the year January 1, 2000, through December 31, 2000.
i. Accept letter of resignation from Ron Hill, Y2K Committee.
j. Accept letter of resignation from David L. Parks, Citizens Advisory Board.
k. Mayor’s Appointments:
ANNEXATION COMMITTEE
Appoint the following persons to a one year term to expire 10/04/00:
Commissioner Robert “Bob” Downing
Commissioner Tom Claybrook
Commissioner Brad Roach
Mr. Mike Southard
Mr. John Krywicki
Mr. James Cole
Mr. John Canavan
Before voting on this item, Commissioner Roach requested Consent Agenda No. 1, f(1) and f(3) be removed for separate consideration.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-k) less f(1) and (3), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
In regards to f(1), Public Works Director James Cole explained that the Cracker Barrel location on Mission Parkway will need lighting and a rough estimate was obtained from O.G.& E. Company for approximately 14 to 15 lights for the one-half mile section.
Mr. Cole advised that it would cost approximately $280 to $500 per month to be paid by the City.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 f(1) to concur with the Traffic and Transportation Committee’s recommendation to approve the request from Cracker Barrel Old Country Store for whiteway lighting on Mission Parkway. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Next, the Commission discussed the request for 3-way stop signs at Elm and Bradley.
Mr. Cole again advised that research was conducted on the speed by motorist and found there was not a need for the stop signs.
Commissioner Claybrook asked about the occurrence of accidents within the year and staff reported that there had not been any accidents at that intersection.
A motion was made by Commissioner Roach to approve Consent Agenda Item No. 1 f(3) to allow for 3-way stop signs to be installed; but the motion died for lack of a second.
Next, a motion was made by Commissioner Gillham, seconded by Commissioner Roach, to accept Traffic and Transportation Commission’s recommendation for denial of adding 3-way stop signs at Elm and Bradley intersection. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations:
Mayor Harden issued the following proclamations:
“Fire Prevention Week”
October 3 – 9, 1999
(accepted by Jimmy Gibson, Fire Code Enforcement Officer)
“National Mammography Day”
October 15, 1999
(accepted by Ms. Ann Davis and Ms. Ann Cullen)
AGENDA ITEM NO. 3: Consider an ordinance to rezone property located at 1709 West MacArthur from R-1, Single Family Residential District to R-3, Multi-Family Residential District for use as a triplex. (Applicant: Tekon McCune for Camco, Inc.) (Continued from 8/18/99 meeting).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1709 West MacArthur for use as a triplex.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
At this time, Community Development Director Michael Southard, gave an updated staff report in which he recalled that the applicant was to go before the Zoning Board of Adjustment to request a variance since the footage required for a triplex was not adequate. The required frontage is 100 feet and the proposed area has 75 feet.
He informed the Commission that the Zoning Board of Adjustment had denied the applicant’s request for a variance at its September 16, 1999 meeting. Therefore, staff was also recommending denial of the application. He also noted that the Comprehensive Plan calls for low intensity residential development with a maximum density of five units per acre.
It was also noted that there was official written protest of sixteen (16%) percent.
Next, Mr. Tekon McCune for Camco, Inc. appeared before the Commission to request that the Commission approve the rezoning request in order to eliminate the waiting period of six months. It was the applicant’s intention to go before District Court to request that the Zoning Board of Adjustment’s decision be overturned.
In discussion with City Attorney John Canavan, it was the city attorney’s opinion that the City Commission could not grant the rezoning based upon the current status of the property which does not qualify and it would be in violation of the city codes.
Other property owners protesting the rezoning who appeared before the Commission was Ms. Mary Chancellor, on behalf of her mother who lives near the property; and Mr. John Myers, homeowner west of the property in question. Both pointed out that the lot was too small for a triplex and additional parking would create more traffic and the area was for single dwelling units and would like to see it remain a quiet neighborhood.
After due and careful consideration, the ordinance title was read into record.
An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma to-wit:
Lot Eight (8), Block One (1) of the Golden Acres Addition to the City of Shawnee, Pottawatomie County, Oklahoma, rezoning said property from zoning classification R-1; Single Family Residential District to R-3, Multi-Family Residential District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the ordinance be denied. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 4: Consider acceptance of the Bryan Street Paving Project (Contract No. COS-PW-97-9) and placing main- tenance bond into effect.
City Engineer John Krywicki informed the Commission that Cowboy Concrete Construction had completed the paving project two years ago in August, 1997; but they had refused to repair the paving panels that had been rejected for payment.
Since that time, Mr. Krywicki stated that the repair work has recently been completed and the project is ready to be accepted by the Commission.
Mr. Krywicki recommended that the project be accepted and final payment be made.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept the Bryan Street Paving Project completed by Cowboy Concrete Construction and make final payment in the amount of $110,445.73 and place maintenance bonds into effect at the time of acceptance by the Commission. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 5: Public hearing and consideration of report presented by Deshazo, Tang & Associates at 9/20/99 City Commission meeting regarding the closure of Highway 177 & Independence intersection.
Mayor Harden declared a public hearing in session to consider a report presented by Deshazo, Tang & Associates, Inc. at the September 20th City Commission meeting regarding the closure of Highway 177 & Independence intersection.
Those appearing in opposition to the closure were business owners Mr. Greg Wall of Wall Brothers Insurance Services, 624 West Independence; and Mr. Tom Flora of Tom Flora Photography, 601 West Independence; and Mr. Jerry Mankin, citizen.
Mr. Wall voiced his concerns about the rerouting of traffic to Kickapoo Spur and stated that since the high school students use the streets in that vicinity, it would be considerable potential for more accidents with the increase in traffic. He also had concerns about the effect of the closure that would cause loss of customers for his business.
Mr. Flora also had the same concerns that Mr. Wall had and added that the Independence intersection was a problem that had been created some years ago. He emphasized that unless efforts to slow the traffic there would still be accidents and fatalities.
Mr. Flora urged the Commission and staff to seek concrete solutions that will be beneficial for the future.
There being no others to appear, Mayor Harden declared the public hearing closed.
Next, Mr. Steve Powell, DeShazo, Tang & Associates, Inc. (DTA); was present to clarify questions by the Commission.
City Engineer John Krywicki appeared before the Commission to restate that staff was in support of the recommendations from DTA and was recommending to the Commission to approve the study and proceed with the project. He noted that the city and ODOT had been working toward solutions since 1993 and after reviewing eight or nine options and narrowing down to the two options being presented by DTA, staff was in total support of the recommendation.
Also appearing in support of the recommendations, Mr. Ken Etchieson, Manager of the Expo Center, representing the Civic and Cultural Development Authority, stated that the Authority had reviewed many options and they agreed that the most feasible was the one being proposed.
After discussion, some of the Commissioners still had concerns and wanted more time to consider.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the decision to close Independence Street and Highway 177 intersection be deferred to the next meeting of October 18, 1999.
AYE: Roach, Gillham, Harden, Downing, Claybrook
NAY: Young, Winrow
AGENDA ITEM NO. 6: Consider approval of an interlocal agreement between the City of Shawnee and I-93 school district for a parking lot for Will Rogers School.
City Manager Terry Powell reported that Will Rogers Elementary School has requested the City’s contractor, which is currently constructing Union Street from MacArthur to Federal Street, to build the school additional parking along Union Street.
The city manager advised that the school would reimburse the City for the actual costs not to exceed $20,000.00.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve the interlocal agreement between the City of Shawnee and Independent School District No. 93 of Pottawatomie County for the City’s contractor to construct a parking lot for Will Rogers School. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 7: Consider Bids and Proposals:
a) Resurfacing tennis courts (award)
Public Works Director James Cole reported that the base bid for the Paul Duffield courts was $22,540.14 and the alternate bid was being recommended in the amount of $28,175.17 to resurface ten courts. He added that the tennis courts at Farrall Park and one set at Boy Scout Park would need to be resurfaced in two years.
Mr. Cole advised the Commission that although Merritt’s was the only bid received, his staff had complete confidence that the bid was fair and the City’s experience with the company was excellent.
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook to accept staff’s recommendation to award the bid for resurfacing ten tennis courts; eight at Paul Duffield Complex and two at Woodland Park to Merritt Tennis & Track Systems, Oklahoma City, Oklahoma, as the best bid Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
b) Software & hardware system for Municipal Court (open)
BIDDER AMOUNT
Incode $53,242.00
Lubbock, TX
Justice Systems, Inc. $26,680.00
Albuquerque, NM
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to accept City Treasurer Jim Wilsie’s recommendation to defer the bids for the Municipal Court Hardware/Software to the next meeting to allow staff time to review. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 8: Citizens participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 9: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 10: New Business.
Mayor Harden presented several books on the culture of Japan and calligraphy painted by Mayor Norio Tomoe of Nikaho, Japan as gifts from the Town of Nikaho, Japan, the sister city of Shawnee.
Mayor Harden stated that the visiting delegation from Nikaho had left on this date to return to Japan and they had left the books to be given to the Shawnee Public Library and the Shawnee Middle School.
AGENDA ITEM NO. 11: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Winrow,
that the meeting be adjourned. Motion carried. (9:53 p.m.)
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK
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