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 16, 2002 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 Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson 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 the opening and consideration of bids as set forth in Agenda Item No. 13.
b. Minutes of December 2, 2002 meeting
c. Acknowledge the following reports and minutes:
* Sales Tax Report through December, 2002
* Utility Division Report for the month of November, 2002
* Building Inspector Report for the month of November, 2002
* Warrant Officer report for the month of November, 2002.
* Shawnee Community Center report for the month of November, 2002.
* Planning Commission minutes from the November 6, 2002 meeting.
* Shawnee Urban Renewal Authority minutes from the November 19, 2002 meeting.
* Airport Advisory Board minutes from the October 9, 2002 meeting
d. Authorize out-of-state travel for Fire Prevention Officer Jimmy Gibson to attend Juvenile Firesetter Intervention Conference in Greenbelt, Maryland January 24 – 25, 2003.
e. Acknowledge Order for Payment of Medical Expenses from Workers’ Compensation Court concerning Jeffrey A. Rodgers.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that Consent Agenda Item No. 1 a-e, inclusive, be approved. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation:
City Manager Terry Powell presented a plaque and gift certificate to Randy Brock, Utility Department, as the December employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing on a trails system around Shawnee Lake No. 2 and authorize staff to apply for the Recreational Trails Grant.
Before Mayor Harden declared a public hearing in session to consider applying for a grant for a trails system around Shawnee Lake No. 2, she called upon Mr. Southard to give the staff report.
Community Development Director Mike Southard explained about the Lake Master Plan that was adopted in early 1999 which called for a recreational trail system around Lake No. 2.
He relayed that city staff was approached by a local bicycle club requesting that an off-road trails be constructed for family riding.
Mr. Southard reported that the Trails Grant Program could provide $80,000 to the City in return for a $20,000 match. The grant could be used to purchase materials, rent equipment, and City staff could provide labor and design work.
He advised that staff was recommending that both hard surface and off-road trails be constructed over a period of time, but the first preference was for the off-road trail.
Next, Mayor Harden asked if any persons wished to appear in favor of or in protest of the trails system.
Ms. Barbara Smith, spokesperson for the Pottawatomie County Trail Blazers Bike Club, appeared before the Commission and spoke in favor of the off-road trail. Approximately 15 members of the bicycle club were in the audience.
Since there were no others to appear, Mayor Harden declared the public hearing closed.
After further discussion from the Commission, the following motion was made.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to authorize city staff to apply for the Recreational Trails grant through the Oklahoma Department of Tourism and Recreation. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 4: Public hearing and consider an ordinance annexing into city limits a 3-foot strip of land located within street right-of-way. (Applicant: City of Shawnee)
Mayor Harden declared a public hearing in session to consider an ordinance annexing into city limits a 3-foot strip of land located within street right-of-way.
She called upon Community Development Director Mike Southard to give the staff report.
Mr. Southard reported that the Annexation Committee had recommended annexing a three-foot strip in the right-of-way of Westech Road from Leo to Bethel Road and on Bethel Road from Westech to old Highway 270.
He explained that the reason is to protect the long-term economic interests of the city by protecting high growth corridors around the community.
He also noted that according to the State Statutes, a city can annex a fenceline around its borders, but if the strip is less than three feet, then an adjacent municipality can annex up to the line and the residents inside the boundary can petition to be de-annexed and annexed into the other city’s corporate limits.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said request.
Mr. Ray Batt, owner of 160 acres along I-40, Bethel Road and 45th Street, appeared in protest of the annexation, voicing his concerns that he would not be able to develop his property to the city’s standards.
Ms. Patricia Fisher, resident in the area, appeared in favor of the annexation.
There being no others to speak, the public hearing was closed.
Ordinance No. 2078NS was introduced and the title read aloud.
Ordinance No. 2078NS 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 part of ordinances in conflict herewith and providing for severability. A 3-foot strip of land lying 1.5 feet on either side of the following described line: Beginning at a point 31.50 feet south and 33 feet east of the northwest corner of Section 36, Township 11 north, Range 3 east of the Indian Meridian, Pottawatomie County, Oklahoma; thence westerly 31.50 feet south of and parallel to the north lines of Sections 35, 34, 33, 32 and 31, Township 11 north, Range 3 east of the Indian Meridian, Pottawatomie County, Oklahoma to a point 31.50 feet west and 31.50 feet south of the northeast corner of said Section 31; thence southerly 31.50 feet west and parallel to the east line of said Section 31 a distance of approximately 1,530.00 feet to the south right-of-way line of old Highway 270.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2078NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located in the 100 Block East Shawnee Mall Drive from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for use as retail commercial development. (Applicant: RSTP, LLC by Ron Wigington)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located in the 100 Block East Shawnee Mall Drive for use as retail commercial development.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
It was noted the Planning Commission recommended the application to the City Commission and there were no formal written protests filed.
There being no one to appear the public hearing was closed.
Ordinance No. 2079NS was introduced and the title read aloud.
Ordinance No. 2079NS 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 North Half (N/2) of Section Thirty-one (31), Township Eleven (11) North, Range Four (4) East of the Indian Meridian, Pottawatomie County, Oklahoma, and being more particularly described as follows: Commencing at the southwest corner of the north half (N/2) of Section Thirty-one (31); thence North 00°01’51” East along the west line of said Section 31, a distance of 959.99 feet; thence south 89°31’19” east a distance of 50.00 feet to a point on the easterly right-of-way line for Interstate Highway 40; thence southerly, southeasterly and easterly, along the easterly and northerly right-of-way line for Interstate Highway 40, the following eight (8) courses: (1) south 02°22’47” east a distance of 212.19 feet; south 89°58’24” east a distance of 110.71 feet; south 56°17’00” east a distance of 90.14 feet; south 89°58’24” east a distance of 205.38 feet; southeasterly on a curve to the right having a radius of 450.00 feet (said curve subtended by a chord which bears south 67°18’16” east a chord distance of 346.86 feet) an arc distance of 356.08 feet; south 44°08’38” east a distance of 188.10 feet; southeasterly on a curve to the left having a radius of 350.00 feet (said curve subtended by a chord which bears south 61°00’44” east a chord distance of 197.37 feet) and arc distance of 200.08 feet; south 89°42’29” east a distance of 1818.43 feet to the point of beginning thence north 00°01’05” east a distance of 107.13 feet; thence south 89°42’29” east, parallel with the northerly right-of-way line for Interstate Highway 40, a distance of 421.11 feet; thence south 00°55’25” west, parallel with the west line of the southwest quarter of said section 31, a distance of 107.14 feet to a point on the northerly right-of-way line for Interstate Highway 40; thence north 89°42’29” west, along said right-of-way line, a distance of 419.42 feet to the point of beginning, said tract containing 45,022 square feet or 1.0336 acres, more or less; rezoning said property from zoning classification A-1; Agricultural District to C-3, Automotive and Commercial Recreation District, and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1, be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2079NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located northeast of Shawnee Mall behind current Wal-Mart from A-1; Agricultural District to CP; Planned Shopping District for use as detention area for mall and Wal-Mart and additional parking lot for mall. (Applicant: Tom McCaleb on behalf of WXI/Z Southwest Malls Real Estate LLC)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located northeast of Shawnee Mall behind current Wal-Mart for use as detention area for mall and Wal-Mart and additional parking lot for mall.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request.
It was noted the Planning Commission recommended the application to the City Commission and there were no formal written protests filed.
There being no one to appear the public hearing was closed.
After due and careful consideration, Ordinance No. 2080NS was introduced and the title read aloud.
Ordinance No. 2080NS 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 land lying in the North Half (N/2) of Section Thirty-one (31), Township Eleven (11) North, Range Four (4) East of the Indian Meridian, Pottawatomie County, Oklahoma, and being more particularly described as follows: Commencing at the southwest corner of the north half (N/2) of Section Thirty-one (31); thence north 00°01’51” east along the west line of said Section 31, a distance of 959.99 feet; thence south 89°31’19” east a distance of 50.00 feet to a point on the easterly right-of-way line for Interstate Highway 40; thence southerly, southeasterly and easterly, along the easterly and northerly right-of-way line for Interstate Highway 40, the following eight (8) courses: (1) south 02°22’47” east a distance of 212.19 feet; south 89°58’24” east a distance of 110.71 feet; south 56°17’00” east a distance of 90.14 feet; south 89°58’24” east a distance of 205.38 feet; southeasterly on a curve to the right having a radius of 450.00 feet (said curve subtended by a chord which bears south 67°18’16” east a chord distance of 346.86 feet) an arc distance of 356.08 feet; south 44°08’38” east a distance of 188.10 feet; southeasterly on a curve to the left having a radius of 350.00 feet (said curve subtended by a chord which bears south 61°00’44” east a chord distance of 197.37 feet) and arc distance of 200.08 feet; south 89°42’29” east a distance of 1818.43 feet to the point of beginning; thence north 00°01’05” east a distance of 107.13 feet; thence south 89°42’29” east, parallel with the northerly right-of-way line for Interstate Highway 40, a distance of 421.11 feet; thence south 00°55’25” west, parallel with the west line of the Southwest Quarter of said Section 31, a distance of 107.14 feet to a point on the northerly right-of-way line for Interstate Highway 40; thence north 89°42’29” west, along said right-of-way line, a distance of 419.42 feet to the point of beginning, said tract containing 45,022 square feet or 1.0336 acres, more or less; rezoning said property from zoning classification A-1; Agricultural District to C-3, Automotive and Commercial Recreation District, and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2080NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider agreement with Wal-Mart for construction of access road.
City Engineer John Krywicki reported that he and the city attorney had reviewed the proposed contract with Wal-Mart regarding construction of the access road and the only change they were recommending was to change or delete Section 3 of the contract dealing with a timing schedule.
He relayed that the bids are scheduled to be opened in early January and the contract allows 60 days to complete the job. The City contractor cannot begin the project until the dirt work is complete; therefore, it could keep the city from completing the project by a specific date.
It was recommended that new language be added to state that subsequent to the completion of the construction by Wal-Mart, the city will have 60 days to complete the job.
Mr. McCaleb, representing Wal-Mart, agreed that that was a fair request and agreed to the changes.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve that the agreement with Wal-Mart, with the
amended changes in accordance with the city’s requirements. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 8: Consider lease agreement with Oklahoma Jet Works, Inc.
According to the notes, this lease with Oklahoma Jet Works, Inc. is a new lease with one 20-year additional term. This new lease includes refurbishing the existing facility and constructing a new unit next to the existing one. It will cost approximately $50,000 to refurbish the existing facility and approximately $480,000 to construct the new facility.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve the lease agreement with Oklahoma Jet Works, Inc. for a 20-year lease with one 20-year additional term. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider recommendations from Community Service Contracts Review Committee regarding contract with Central Oklahoma Community Action Agency for operation of Shawnee Community Center and Summer Youth Program.
Mayor Harden, chair of the Community Service Contracts Review Committee, requested that this item be deferred since the committee did not have recommendations due to needing more information and reviewing other options. The committee will meet again on January 9, 2003.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to defer considering the contract with Central Oklahoma Community Action Agency (COCAA) operation of the community center and summer youth program until the Community Service Contracts Committee has met and forwarded its recommendations to the Commission. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 10: Consider acceptance of Remington Street improvements and place maintenance bonds into effect.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to accept the Remington Street improvements and place maintenance bonds into effect. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 11: Consider a resolution authorizing the incurrence of indebtedness by the Shawnee Hospital Authority through the issuance of its tax-exempt Revenue Note (Unity Health Center Project), Series 2002, in the aggregate principal amount not to exceed $4,500,000.
The City of Shawnee is the beneficiary of the Shawnee Hospital Authority Trust and therefore must approve the issuance of the debt.
Resolution No. 6160 was introduced and the title read aloud.
Resolution No. 6160 entitled “A resolution approving the incurrence of indebtedness by the Shawnee Hospital Authority by the issuance of its tax-exempt revenue note (Unity Health Center Project) Series 2002 (The “Revenue Note”), in an aggregate principal amount not to exceed $4,500,000; waiving competitive bidding and approving the sale of the revenue note on a negotiated basis and at a discount; approving a public hearing; and containing other matters with respect thereto.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution No. 6160 duly passed and adopted.
AGENDA ITEM NO. 12: Consider approval of the refunding of the outstanding refunding series 1993 bonds of the Pottawatomie County Development Authority. (Continued from 11-18-02 meeting)
City Manager Terry Powell stated that no action was required by the Commission at this time; and he explained about how the Pottawatomie County Development Authority (PCDA) did not feel it necessary to request bids for the bond underwriter for the refunding of their 1993 series bonds.
He informed that PCDA already had a contract with Oppenheim, a division of BOSC, Inc. to do the underwriting, and they were familiar with PCDA.
Furthermore, Oppenheim has agreed to do the underwriting for a fee of 1%, which is under the commanding market of 1.5% to 2% over the past 12 months.
To that end, the City of Shawnee would benefit from the refunding by a reduction in the total amount of interest to be paid on the bonds and possibly saving the city one million dollars by making an earlier payoff.
City Manager Powell advised that PCDA would go through the process and come back to the Commission for final approval before the bonds could be refunded.
AGENDA ITEM NO. 13: Consider Bids.
a. Shawnee Industrial Park Access Road (award)
City Engineer John Krywicki recommended that All Roads Paving, Inc. be awarded the bid based on three reasons: 1) they were the low bidder for curb and gutter paving; 2) this type paving adds only an 5.64% increase in costs; and 3) Shawnee Subdivision Regulations require curb and gutter street improvement be provided for platted subdivisions, which the Shawnee Industrial Park falls into this category.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the bid for the Shawnee Industrial Park Access Road be awarded to All Roads Paving, Inc., Oklahoma City, Oklahoma, in the amount of $431,042.70 for curb and gutter paving as the lowest and best bid. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
b. Sewer Rehab Project (open)
BIDDER AMOUNT
Krapf Reynolds Construction Co. $335,700.00
Midwest City, OK
Davenport Construction Co. $599,800.00
Edmond, OK
Jordan Contractors, Inc. $288,140.00
Tecumseh, OK
Urban Contractors, Inc. $289,500.00
Oklahoma City, OK
Terra-Tech, LLC. $401,400.00
Oklahoma City, OK
Bivins Contractors $334,720.00
Wheatland, OK
W. N. Couch, Inc. $476,740.00
Tulsa, OK
Heller Co., Inc. $375,911.00
Hot Springs, AR
ENGINEER’S ESTIMATE: $404,450.00
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, that the bids for the Sewer Rehab Project be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 14: 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. 15: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person)
(A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Claybrook requested staff to furnish a budget status report at the second meeting of each month so the Commission can keep abreast of the progress throughout the budget year. The reports will begin in January.
Commissioner Pettyjohn voiced his concern about one of the city’s entities conducting a town meeting this week at 2:00 p.m., stating that it precludes a number of people to attend and it would be nice to have a meeting at a time when more of the public could be in attendance.
Continuing, he expressed appreciation to Central Contracting company for doing an excellent job in replacing the waterline on Kickapoo Street without interruption to the flow of traffic.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (9:05 p.m.)
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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