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, August 17, 1998 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 James Walters
First Assembly of God 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 bids as set forth in Agenda Item No. 12
b. Minutes of August 3, 1998 meeting
c. Budget Amendments in the 1996 Home Grant Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of July 31, 1998
* City Clerk Report for the month of July 1998
* Building Inspector Report for the month of July 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of August 1998
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of July 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of July 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of July 1998
* Utility Division Report for the month of July 1998
* Municipal Court Report for the month of July 1998
* Shawnee Community Center Report for the month of July 1998
* Planning Commission minutes of July 15, 1998 meeting
* Shawnee Urban Renewal Authority minutes of July 7, 1998 meeting
* Traffic and Transportation Commission minutes of June 23, 1998 meeting
* Pottawatomie County Action Advisory Board minutes of July 14, 1998 meeting
e. Lakesite Leases
New
Lot 13, Magnino A Tract
Tommy & Barbara Degman
1115 North Louisa
Shawnee, OK
Renewal
Lot 2, North School Tract
Owen & Vera Bernice Martin
13208 Mapleleaf Drive
Oklahoma City, OK
Transfers
Lot 8, Green Tract
Fr: Sandra L Davis To: Gary & Sheral King
1700 Serenade 144 Hornbeck Road
Midwest City, OK Shawnee, OK
Lot 15, Magnino A Tract
Fr: Donald Rueb To: Brad Hawkins
921 North Patchin 2127 West Benedict
Shawnee, OK Shawnee, OK
f. Recommendations from the Traffic and Transportation Commission meeting of July 28, 1998:
1) Request for a 4-way stop sign at 10th and Cleveland.
Recommendation: To approve request.
2) Request from Mr. David Thompson, 3325 North Harrison, for “No Parking” on both sides of the street in the 900 Block East 35th Street.
Recommendation: To approve request.
3) Request from Mr. Rex Hennen, City Hall, for the curbs to be painted on Rosa east of Kickapoo Street.
Recommendation: To approve request prohibiting parking 50’ east of Kickapoo on Rosa on the south side of the street.
g. Approve renewal agreement with Independent School District No. 93, for the placement of police officers at the middle school and high school on a full-time/half-time basis.
h. Approve renewal agreement with Gordon Cooper Technology Center, District No. 5, for the placement of police officers at the school on a full-time basis.
Prior to approval of the Consent Agenda, City Manager Terry Powell advised that (g & h) would be amended to reflect the increases in salaries after finalization of the police contract.
A motion was now made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item 1 (a-h), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Consider approval for a short form subdivision on property located at 2704-2708 North Kickapoo. (Applicant: Oklahoma Natural Gas).
In the agenda notes, it stated that the purpose of the short-form subdivision request will be to divide the property, 300 by 297 feet, to make it available for future commercial development. The larger lot, Lot A, will be for development and the smaller lot, Lot B, will be for the ONG substation.
Also noted was that all utilities are available and access will be from North Kickapoo and the future Gilmore Street.
A motion was made by Commissioner Young, seconded by Commissioner Claybrook, to approve the short form subdivision on property
located at 2704-2708 North Kickapoo. Motion carried.
AYE: Young, Claybrook, Gillham, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 2704-2708 North Kickapoo from zoning classification R-1, Single Family Residential District to C-3, Automotive and Commercial Recreation District for future commercial use. (Applicant: Tapp Companies, Inc.).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 2704-2708 North Kickapoo for future commercial use (shopping center).
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application. Mr. Jim Stuart, attorney, appeared on behalf of Tapp Companies, Inc.
After due and careful consideration, Ordinance No. 1892NS was introduced and the title read aloud.
Ordinance No. 1892NS 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 the Southeast Quarter (SE/4) of Section One (1), Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, and being more particularly described as follows: The North Half (N/2) of Lot Twelve (12), Gilmore’s Addition to the City of Shawnee, Oklahoma, according to the recorded plat thereof, said tract being more particularly described as follows: Beginning at the Northeast Corner (NE/C) of said Lot Twelve (12); thence South along the East Line of said lot a distance of 301.5 feet; thence West parallel to the North Line of said Lot Twelve (12) a distance of 297.00 feet to a point on the West Line of said Lot Twelve (12); thence North along the West Line of said Lot Twelve (12) a distance of 301.5 feet to the Northwest Corner of said Lot Twelve (12); thence East along the North Line of said Lot Twelve (12); a distance of 297.00 feet to the point of beginning; rezoning said property from zoning classification R-1; Single Family Residential District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Young, Downing, Gillham, Harden, Winrow, Roach
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1892NS duly passed and adopted.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 2800 North Kickapoo from zoning classification R-1, Single Family Residential District to C-3, Automotive and Commercial Recreation District for future commercial use. (Applicant: University Plaza L.L.C.).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 2800 North Kickapoo for future commercial use (shopping center).
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application. Mr. Jim Stuart appeared on behalf of the applicant, University Plaza L.L.C.
After due and careful consideration, Ordinance No. 1893NS was introduced and the title read aloud.
Ordinance No. 1893NS 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: Lots One (1) and Two (2), Gilmore’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification R-1, Single Family Residential District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Downing, Young, Harden, Winrow, Roach
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1893NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 3800 North Kickapoo from zoning classification R-1, Single Family Residential District to C-3, Automotive and Commercial Recreation District for future commercial use. (Applicant: University Plaza L.L.C.) (APPLICATION WITHDRAWN).
It was noted this application was withdrawn.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 924 North Harrison from zoning classification C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District for use as a bakery. (Applicant: Rodney Ootton).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 924 North Harrison for future use as a bakery.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1894NS was introduced and the title read aloud.
Ordinance No. 1894NS 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: East one hundred fifty (150) feet of Lots Seven (7) and Eight (8), Block Seven (7), Dexter’s Second Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
A motion was made by Commissioner Roach, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Roach, Young, Harden, Winrow, Downing
NAY: Claybrook, Gillham
Thereupon Mayor Harden declared Ordinance No. 1894NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 7: Consider approval for a short form subdivision on property located at 1729 and 1731 West University. (Applicant: Westchester Development).
According to the agenda notes, the purpose of the short-form division request is for two 100-foot lots to be divided into three 66.67 foot lots for single family residences.
The access will be from West University and all utilities are available to these properties.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to approve the short form subdivision on property located at 1729 and 1731 West University as submitted by Westchester Development. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 8: Consider approval of a final plat of the Enchanted Forest Subdivision at property located at North Bryan and East 45th Street. (Applicant: Bryant Builders).
The Commission next considered the final plat for Enchanted Forest Subdivision.
It was noted that the Planning Commission had recommended approval of the final plat pending a letter from FEMA being received by August 17, 1998, the date of the City Commission meeting.
Community Development Director Bill Colclasure advised the Commission that the report from FEMA had been received and appeared to be in order and City Engineer John Krywicki advised that the final plat was ready for approval.
Mr. Richard Landes of Landes Engineering, appeared before the Commission representing Bryant Builders. Mr. Landes informed the Commission that the FEMA letter of approval had been received and the revisions regarding the water shed had been approved and the subdivision was 98 % complete with all improvements.
He also requested the Commission to allow the Planning Staff to issue two building permits so construction could begin, thus asking to waive ordinance requirements prior to all improvements being accepted by the City.
Mr. Landes stated that the as-builts would be ready for dedication to the City at the first meeting in September when all improvements are completed.
In a brief discussion about issuing the building permits by the Commission, City Attorney John Canavan advised that the decision to issue the building permits is an administrative decision and it is at that level that the permits would be given consideration for approval.
It was noted that the final plat approval and acceptance of utilities were handled separately.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve the final plat of the Enchanted Forest Subdivision at property located at North Bryan and East 45th Street as submitted by Bryant Builders. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the City Code providing for no parking on portions of certain streets. (Both sides of street in the 900 Block East 35th Street).
The Commission had approved earlier in the meeting under Consent Agenda Item No. 1(f), for “no parking” on both sides of the 900 block East 35th Street as recommended by the Traffic and Transportation Commission from its July 28, 1998 meeting.
After due and careful consideration, Ordinance No. 1895NS was introduced and the title read aloud.
Ordinance No. 1895NS entitled “An ordinance amending Section 16138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Title and Section 1 be approved. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1895NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider amendment to contract with Holloway, Updike, and Bellen, Inc. for additional water treatment plant improvements.
Public Works Director James Cole advised the Commission that as work progresses on the improvements to the water treatment plant, there are changes that need to be made in the design to revise the electrical control panels and chemical feed to accommodate the increased water capacity.
He advised that due to the additional improvements, the engineer, Holloway, Updike and Bellen, Inc., has requested a modification to its contract to cover the costs associated with the additional improvements.
The City contracted with the company in 1996 on an hourly basis not to exceed $25,000.
Mr. Cole advised that staff supports their requests.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve the contract amendment with Holloway, Updike, and Bellen, Inc. for additional water treatment plant improvements. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 11: Consider new Pay Plan for City of Shawnee employees.
Mr. Allen Benelli, Personnel Director, appeared before the Commission to present the proposed Pay Plan for the City of Shawnee employees.
He advised that Mr. Arland Perkins, who was not able to attend the meeting, had developed a new pay plan from revising the job descriptions throughout the city departments.
The Commission was given a copy of the Plan and Mr. Benelli touched on the following:
*New Pay Plan will replace the existing plan that has been in use for over 12 years
*the number of pay steps will be increased in each pay grade from 6 to 13, and resolves the biggest disadvantage of the current plan—employees reaching maximum pay in their pay grade after six years of service
*Plan provides for career progression and facilitates future changes when deemed appropriate
*The budget adopted for FY98-99 included a 3% Cost of Living Adjustment(COLA) for employees and anticipated the phase-in of employees onto the new pay plan on their date of hire (anniversary date) over the course of the fiscal year.
City Manager Terry Powell also emphasized that considerable time was spent to make sure this pay plan would be a fair and equitable plan for the employees.
After questions from the Commission, Mr. Benelli concluded that the proposed pay plan was being presented for the Commission’s review and not for adoption at this time and would be presented at a later date after the plan has been refined.
AGENDA ITEM NO. 12: Consider Bids.
a. Fire Prevention/Public Education van (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the bid for the Fire Prevention/Public Education van be awarded to Harvey’s, Inc., Shawnee, Oklahoma, in the amount of $19,550.00 as the lowest and best bid. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
b. South I-40 Frontage Road Paving Project (open)
Bids for the following were opened, read aloud and found to be as follows:
BIDDER AMOUNT
M. L. Young Construction $526,734.12
S.E.A. Construction $458,600.13
Shell Construction Company $495,050.50
T. J. Campbell Construction $428,954.00
T.T.K. Construction Company $485,640.84
Vantage Paving Inc. Company $507,279.16
ENGINEER’S ESTIMATE: $511,000.00
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that all bids for the I-40 Frontage Road Paving Project be referred to staff for review and a recommendation at the next City Commission meeting. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
c. Ten or more Self Contained Breathing Apparatus (open)
BIDDER AMOUNT
Casco Industries, Inc. $1,653.00 with radio $2,500.00
Four Alarm Fire Equipment $1,700.00 with radio $2,560.00
Survivair $2,508.00 with radio $3,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that all bids received on the Self Contained Breathing Apparatus be referred to staff for review and a recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Mr. Dennis Brand, President of the Shawnee Chamber of Commerce, appeared on behalf of the Chamber and the Beautification Committee endorsing the proposed resolution regarding beautification of Shawnee. He offered assistance in the clean up efforts especially on the major arterial streets.
Mr. Jack Brown owner of Brown’s Furniture appeared and stated he was in agreement with Mr. Brand and felt the beautification proposal was needed.
AGENDA ITEM NO. 14: Administrative Reports.
Under Administrative Reports, Mr. James Cole, Public Works Director, informed the Commission about the water consumption for the month of July. He reported that the maximum water usage reached was 8 million gallons in one day and the average usage has been 7.5 million gallons per day.
AGENDA ITEM NO. 15: New Business.
Under New Business, several Commissioners expressed agreement about improving the appearance of Shawnee. City staff also advised they would have an agenda item at the next meeting in regards to the up-date on the disposal of hazardous waste materials for the community.
Before adjournment, Mr. Kent Bryant, Bryant Builders, appeared in regards to the final plat approval of Enchanted Forest Subdivision approved earlier in the meeting. He appealed his request to the City Commission to consider issuing the two building permits so work could begin prior to the dedication of utilities.
In response, City Attorney John Canavan explained that city staff has the authority to administer the building permits and it does not require action by the City Commission.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the meeting be adjourned. Motion carried. (8:31 p.m.)
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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