BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 2, 2001 AT 7:30 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, April 2, 2001 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
Robert M. Pettyjohn James Harrod
Commissioner Ward 2 Commissioner Ward 3
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
Tom Claybrook Brad Roach
Commissioner Ward 1 Commissioner Ward 5
Vacant
Ward 4
INVOCATION Reverend Jimmy Don Gibson
Calvary Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of March 19, 2001 meeting
b. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes of February 15, 2001 meeting
* Planning Commission minutes of February 21, 2001 meeting
* Shawnee Urban Renewal Authority minutes of March 6, 2001 meeting
* Sister Cities Council minutes of February 27, 2001 meeting
* Airport Advisory Board minutes of October 4, 2000 meeting
c. Authorize staff to advertise for bids for the Broadway Street Rehab Project (Independence Street to Federal Street) and the Main Street Rehab Project (Harrison Street to Pesotum Street)
d. Authorize staff to advertise for bids for heat & air system at Shawnee Municipal Airport terminal
e. Approve Application for Contribution Refund from Oklahoma Municipal Retirement Fund for Gary Garza
COMMISSIONERS CLAYBROOK AND ROACH NOW PRESENT AT 7:35 P.M.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 1 (a-e) as presented.
Motion carried.
AYE: Downing, Harrod, Harden, Roach, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 2: Open applications for Ward IV City Commission vacancy.
City Clerk Diana Hallock opened the applications for the Ward IV City Commissioner vacancy. She read into record the following names in the order received:
1) Ms. Bradie Lee Winrow, 112 N. Pesotum
2) Mr. William Vernon Jobson, 1204 E. 10th Street
3) Mr. Bob Weaver, 1802 E. 10th Street
4) Mrs. Pamela M. Stephens, 1315 E. 11th Street
The clerk noted that the applications would be copied out for the Commission for their review in preparation for the April 16th meeting when they would interview the applicants and consider appointment to the Ward 4 Commission seat.
AGENDA ITEM NO. 3: Public hearing and consider an application for a one operator beauty parlor located at 319 N. Washington. (Applicant: Carla Sapack)
Community Development Director Mike Southard informed the Commission that the applicant had withdrawn her request and the Commission took no action.
AGENDA ITEM NO. 4: Public hearing and consider a resolution creating Granada Estates/ Tanglewood/Coronado Terrace/Cedar Creek Water Improvement District and determining sufficiency of protest. (Continued from 3/19/01)
Mayor Harden declared a public hearing in session creating Granada Estates/Tanglewood/Coronado Terrace/Cedar Creek Water Improvement District as continued from the last City Commission meeting.
Mayor Harden asked if any persons wished to appear in favor of or in protest of creating a water district.
Appearing in favor of the water district were the following:
Ray Belford, 16 Cedar Creek
Neal Martin, 36 Pam Drive, Tanglewood
Ron Britt, 14404 Brangus Rd., Cedar Creek
Phillip Smith, 3305 Monticello Dr., Coronado Terrace
Rodger Hadley, 13 Del Rancho Lane, Granada
Bill Rider, 23 Juel Drive, Tanglewood
Appearing in protest of the water assessment method were:
Don Weir, 42 Serenada Ct., Granada protested the assessment method
Chuck Mills, 27 LaDonna Dr., Tanglewood
Johnny Lewis, Lt. 5A, 6 & 7, Granada
Appearing against the water district were as follows:
Leslie Donelson, 39 Granada
Beverly Hutcheson, 12 Tanglewood Lane, Granada
Oliver Swain, 2 Juel Drive, Tanglewood
Bill Blackwell, 78 Granada
There being no others to appear, Mayor Harden declared the public hearing closed.
Next, the Commission heard from staff and discussed the water assessment method with the Commissioners acknowledging throughout the public hearing that the main message heard from the property owners was to be “fair” when considering the assessments.
While in discussion, Mr. Bill Blackwell, 78 Granada, was allowed to re-address the Commission and he read an excerpt from the Shawnee Sun newpaper regarding an article about to the Absentee Shawnee Tribe planning to tap on to city lines for water for a proposed complex east of the subdivisions in question.
Also developing from this topic was discussion about the future developers’ cost for tapping city waterlines.
Continuing discussion, City Attorney John Canavan advised the Commission that if the resolution to create the water district is passed, then the next step would be to advertise for bids on the waterline, award the contract, set the assessment, then hold another public hearing regarding the assessment.
After further discussion, some of the Commission members needed more information about the lots and the Absentee Shawnee Tribe’s proposed building of a complex and waterlines taps.
A motion was made by Commissioner Roach, seconded by Commissioner Pettyjohn, to defer the resolution creating a water district in the Granda Estates, Tanglewood, Coronado Terrace, and Cedar Creek Additions to the April 16, 2001 meeting. Motion carried.
AYE: Roach, Pettyjohn, Harrod, Harden
NAY: Downing, Claybrook
AGENDA ITEM NO. 5: Consider adoption of policy allowing lot owners to consolidate lots
in Granada Estates/ Tanglewood/
Coronado Terrace/Cedar Creek Water Improvement District.
As mentioned previously, many property owners have a second lot or a portion of a second lot that they would like to consolidate to be assessed as a single lot should the water district be created. As noted, some owners have already taken steps to consolidate their multiple lots in hopes that it will be assessed as a single lot.
The City Code allows for lot line adjustments to consolidate or split a platted lot. Therefore, it was staff’s recommendation to give property owners with multiple lots the opportunity to submit their requests to the Planning Division by May 4th and have the documents filed at the Pottawatomie County Clerk’s office by May 11, 2001.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the adoption of a policy allowing lot owners to consolidate lots in Granada Estates, Tanglewood, Coronado Terrace, and Cedar Creek Additions for water improvement district to receive a single assessment. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Roach
NAY: None
CITY COMMISSION RECESSED AT 9:34 P.M. FOR A SHORT BREAK AND RECONVENED AT 9:43 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 6: Consider authorizing staff to advertise for bids for the proposed Independence Street Paving Project (Bryan Street to Brangus Road).
City Engineer John Krywicki reported to the Commission that plans for the proposed one-mile project on Independence from Bryan Street east to Brangus Road had been completed.
He further advised that funding for the first one-half mile of “open section” paving project is proposed to be divided into thirds, with the City and developers of the Windmill and Bridges subdivisions each contributing one-third of the construction costs for that portion of the project. The second one-half of “open section” paving is proposed to be funded by the City and County, with each contributing one-half of the construction costs for that portion of the project.
He advised that after the bids have been received and before contract is awarded, staff would present formal agreements to the Commission for consideration, detailing the actual costs each party would have to contribute.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to authorize staff to advertise for bids for the proposed Independence Street Paving Project (Bryan Street to Brangus Road). Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 7: Consider authorizing staff to negotiate a contract with Baldischwiler Engineering to provide engineering design services for the Harrison & Westech Signalization Project and the MacArthur & Airport Drive Signalization Project.
City Engineer John Krywicki reported that Baldischwiler Engineering has provided design services for the City’s traffic signalization projects in the past, and just recently on Highland and Harrison, Harrison and Garrett’s Lake Road, and 45th Street and US Highway 177.
He recommended using Baldischwiler Engineering as the design consultants on the “traffic signalization” for the upcoming Harrison and Westech Signalization Project and for the MacArthur and Airport Drive Signalization and Intersection Improvement Project. The City has budgeted $410,000 for this project out of the FY2000-2001 budget.
City Manager Terry Powell interjected that the Airport Drive project would straighten the road at the MacArthur intersection and be realigned with the Kethley Boulevard immediately west of the Regional Hospital. He added that the hospital was in support of the proposed changes.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve staff’s request for authorization to detail the scope of services and to negotiate a contract with Baldischwiler Engineering which will be brought back to the City Commission for consideration at a later date. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance naming the road which runs from Walker to Patterson along the north shore of Shawnee Twin Lakes No. 1 “Ingram Road” and accepting dedication of easement.
According to city staff, the City of Shawnee had maintained and used Ingram Road for over fifty years and all of the North School Tracts at the lake utilize Ingram Road to access their properties.
Recently, it was discovered by a land transaction that there had not been a legal means of egress existing and all the land was owned by the State.
The State School Land Commission has now granted an easement for right-of-way and staff is recommending to dedicate the right-of-way and name the street “Ingram Road.”
Ordinance No. 2001NS was introduced and the title read aloud.
Ordinance No. 2001NS entitled “An ordinance naming the road which runs from Walker Road to Patterson Road along the north shore of Shawnee Twin Lake No. 1 “Ingram Road”; describing said road; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Roach
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Downing, Harrod, Roach
NAY: Harden, Claybrook, Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 2001NS duly passed and adopted to go into effect 30 days from this date.
AGENDA ITEM NO. 9: Consider authorizing staff to apply for beautification grants through the Department of Transportation to plant trees in the Interstate 40 corridor and along Kickapoo Spur as requested by the Beautification Committee.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to authorize staff to apply for beautification grants through the Oklahoma Department of Transportation to plant trees in the Interstate 40 corridor and along Kickapoo Spur as requested by the Beautification Committee. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 10: Consider allocating $50,000.00 in FY 01-02 budget for matching funds and to purchase trees, shrubs and watering systems to enhance the beautification of Shawnee’s entryways.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to allocate $50,000,00 in FY 2001-02 budget for matching funds to purchase trees, shrubs, and watering systems to enhance the beautification of Shawnee’s entryways. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Roach
NAY: None
AGENDA ITEM NO. 11: Consider award of Alternate No. 5 of the Water Treatment Plant Phase 1 Project.
Public Works Director James Cole reported that this alternate provides new underdrain cells for the filter rehabilitation. The cost of this item is $101,852.00. The contract includes an allowance of $40,000.00 for filter and clarifier repairs, some of which will not be needed. It also includes $2,870.00 for replacement of broken tiles that will not be utilized if the underdrain system is completely redone. A change order adjusting the final cost will be determined when the project nears completion.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to accept staff’s recommendation to award Alternate No. 5 of the Wastewater Treatment Plant Phase 1 Project. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider approval of Airport Layout Plan revisions.
In the agenda packet was a memorandum from Assistant Airport Manager Lori Bowlan to City Manager Terry Powell, giving the status of the Airport Layout Plan.
The memorandum stated that in February 1998 the City of Shawnee instructed Willis and Associates to revise the existing Airport Layout Plan. The scope of work originally included the runway extension and Instrument Landing System projects from 1996 and 1997. The project was then expanded to include the FAA’s ALP documentation requirements that were released in 1998. The cost of the project was $6,524.00.
In 1999, Federal and State staff completed several additional reviews and requested corrections. These corrections were made in late 2000. Due to the length of time that has passed since the original draft was submitted, the removal of the Public Work’s hangar and the addition of the Japanese garden, jogging trail, and Exposition expansion have also been included in the project. The FAA verbally approved the document in 2001 and approved project payment.
Staff is recommending that the new version of the Airport Layout plan be approved and submitted to FAA for distribution.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the Airport Layout Plan revisions. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Roach
NAY: None
AGENDA ITEM NO. 13: New Business.(Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
Under New Business, Public Works Director James Cole responded to the matter that was brought up earlier in the meeting about the Absentee Shawnee building a complex, which includes a casino, east of Granada Estates and the other three subdivisions and possibly wanting to buy water from Shawnee.
Mr. Cole reported that he would be meeting with the Tri-County Water District on Friday, and would know more about the intentions of the tribe. He stated that the tie-ins are being proposed at Hardesty and MacArthur Street.
In relation to selling water, Commissioner Harrod questioned if the Citizen Potawatomi Nation had paid a tap fee for the new grocery store that would be opening in May. City staff confirmed that they had paid the $150 tap fee.
Continuing, Commissioner Claybrook raised the question if the Citizen Potawatomi Nation was being assessed the ten percent (10%) water fee since it was not part of the city limits by its own admission as being a sovereign nation.
He then recommended that an item be placed on the next City Commission meeting agenda de-annexing all properties owned by the Citizen Potawatomi Nation south of the city.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 16: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn expressed appreciation to Commissioner Claybrook and Commissioner Harrod for their participation that involved many hours (70-80) of work in building of the KidSpace park that was just completed on Sunday, the day before this meeting.
Commissioner Roach also included appreciation to the city employees, especially the Public Works Department, for their help.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. (10:11 p.m.) Motion carried.
AYE: Pettyjohn, Harrod, Harden, Roach, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
________________________
CITY CLERK
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