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 4, 2003 at 7:00 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
Bob Weaver Linda Peterson
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
James Harrod
Commissioner Ward 3
INVOCATION Reverend Jimmie Don Gibson
Calvary Baptist Church
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. 14.
b. Minutes of the July 21, 2003 meeting.
c. Budget Amendment in Capital Improvement Fund and General Fund for FY 2003-2004.
d. Transfer of Appropriations in Shawnee Municipal Authority Fund.
e. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes from the June 19, 2003 meeting
* Shawnee Urban Renewal Authority Minutes of July 8, 2003
f. Resolution authorizing an emergency expenditure for pump motor repairs at the Water Treatment Plant.
Resolution No. 6174 entitled “A resolution authorizing Evans Electric to make emergency repairs to the water treatment plant motors at an approximate cost of $11,000; and waiving competitive bidding.”
g. Acknowledge 2003 Trash-Off award to the City of Shawnee from Oklahoma Department of Transportation (ODOT).
h. Approve out-of-state travel for Terry Powell to attend ICMA conference in Charlotte, North Carolina from September 21-24, 2003.
Before voting on the consent agenda, Commissioner Claybrook requested to pull (h) for separate consideration.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to approve Consent Agenda Item No. 1 (a-g), less (h) as presented. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
Under l(h), Commissioner Claybrook viewed that the request for out-of state travel was not in keeping with the city’s tight budget, and he made a motion to deny the request for out-of-state travel for City Manager Terry Powell to attend the ICMA conference in North Carolina. The motion died for lack of a second.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve Consent Agenda Item No. 1(h), approving out-of-state travel request for City Manager Terry Powell to attend the ICMA conference in Charlotte, North Carolina from September 21-24, 2003. Motion carried.
AYE: Downing, Weaver, Peterson, Pettyjohn, Harden
NAY: Claybrook
AGENDA ITEM NO. 2: Public hearing and presentation of proposed Shawnee Downtown Revitalization Project Plan regarding TIF District. (Deferred from July 21, 2003 meeting)
Mayor Harden declared a public hearing in session regarding the proposed Shawnee Downtown Revitalization Project Plan for the TIF District.
Ms. Leslie Batchelor, Oklahoma City attorney from the Center of Economic Law, who consulted the City’s review committee on the creation of the district, again gave an overview of the TIF district purpose restating the goals of the TIF district was to bring people back downtown.
The boundaries of the 16-square block TIF District No. 1 are Philadelphia on the east, Highland on the north, Beard on the west and Seventh on the south.
She went on to explain that a TIF district freezes the amount of ad- valorem taxes that benefit several taxing entities, including Shawnee Public Schools, Gordon Cooper Vo-Tech, public library and health department. She advised that this is not a tax increase for the residents and merchants within the area.
Mayor Harden asked if any persons wished to appear in favor of or in protest of this hearing.
Ms. Theresa Cody, owner of Crafter’s Showplace, 115 East Main, appeared to urge Commissioners to include a larger area in the district; particularly all of Main Street to the east.
Downtown merchants Ms. Marty Brown, 108 East Main, Nutrition Center, and Ms. Linda Jones, owner of business at the corner of Broadway and Main, had questions that Ms. Batchelor addressed.
Those speaking in support of the TIF district included the following:
Ms. Kristina Chastain, Executive Director of Downtown Shawnee; Ms. Marilyn Bradford, Superintendent of Shawnee Public Schools and member of the review committee, Mr. Bob Snelson, Manager of 130 Broadway Building.
Ms. Joy Anderson, Pottawatomie County Tax Assessor, had requested the city to work with their office during the development of the district. Ms. Batchelor clarified that the TIF district would be a tool to generate new revenues that comes solely from new investment.
Concluding, Ms. Batchelor stated that this is to be a public/private partnership.
There being no other to appear, the public hearing was closed.
The Commission then took action in the next agenda item.
AGENDA ITEM NO. 3: Consider an ordinance approving and adopting the Shawnee Downtown Revitalization Proposed Project Plan designating and adopting project area and increment district boundaries.
Ordinance No. 2098NS was introduced and the title read aloud.
Ordinance No. 2098NS entitled “An ordinance approving and adopting the Shawnee Downtown Revitalization Project Plan; designating and adopting project area and increment district boundaries; establishing a date for the creation of increment District Number One, City of Shawnee; adopting certain findings; authorizing the City of Shawnee to carry out and administer the project plan; designating the Community Development Director to be in charge of the implementation of the plan; establishing tax apportionment fund; declaring apportionment funds to be funds of the City of Shawnee; authorizing direction of apportionment for increments generated in current year and prior fiscal years only; expressing intention to carry out the project plan; limiting the pledge of apportioned increments to increments actually apportioned by the City; prohibiting any legal obligation or promise to apportion tax increments in future years; ratifying and confirming the actions, recommendations and findings of the Review Committee and the Planning Commission; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Title and Sections 1-11, be approved. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that Section 12, the emergency clause, be approved. Motion carried.
AYE: Weaver, Downing, Pettyjohn, Harden, Peterson
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 2098NS duly passed and adopted.
Before moving to the next item, Mayor Harden requested to consider at the next meeting another TIF district that would include the east and/or west Main Street and asked staff to start researching the possibilities.
AGENDA ITEM NO. 4: Consider an ordinance regarding the parking or storage of trailers and boats in residential areas.
Community Development Director Mike Southard gave the staff report that staff had done research at the Commission’s request based upon neighborhoods throughout the community of unsightly debris in trailers. The City Codes do not prohibit the parking of trailers in residential areas.
He advised that the manufactured housing ordinance prohibits parking of recreational vehicles and fifth-wheel trailers from parking in the front or side yards in residential districts. There are commercial facilities around town where trailers, boats, recreational vehicles, fifth-wheels, etc. can be parked in a secure location.
The Commission discussed the regulations affecting citizens that may cause hardships, but also the intent of the ordinance is to protect the rights of the majority of the neighborhoods that affect the aesthetics and health and safety of the community.
Further discussion ensued regarding whether to include the boats and Commissioner Claybrook commented that there were several houseboats parked in front yards and driveways.
Ordinance No. 2099NS was introduced and the title read aloud.
Ordinance No. 2099NS entitled “An ordinance relating to the parking or storage of trailers and boats in residential areas; amending Section 19-487(a), Subdivision II, Division 2, Article XI, Chapter 19 of the Code of the City of Shawnee; prohibiting the parking or storage of trailers and boats in the front and unscreened side yards of residential districts; repealing all ordinances or parts of ordinances in conflict herewith; providing for severability and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by
Commissioner Weaver, that the Title and Sections 1-3, be approved. Motion
carried.
AYE: Claybrook, Weaver, Peterson, Harden
NAY: Downing, Pettyjohn
Commissioner Weaver, made a motion to approve Section 4, the emergency clause, but then withdrew his motion to allow the 30-days before the ordinance goes into effect.
Thereupon Mayor Harden declared Ordinance No. 2099NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 5: Presentation of Shawnee Convention & Visitors Bureau annual report by Gordona Rowell.
Ms. Gordona Rowell, Director of The Greater Shawnee Area Convention & Visitor’s Bureau, presented the FY 2003 annual report.
She distributed the report to the Commission and gave an overview of the year’s activities that included reports on the lodging surcharge, promotional and marketing strategies, events held, and the budget.
In summary, Ms. Rowell thanked the City Commission for its support and the efforts of the entire community to draw visitors to the Shawnee area.
AGENDA ITEM NO. 6: Presentation by Andy Dearth, Charter Communication, regarding the relocation of cable in the streetscape project area.
Mr. Andy Dearth, Director of Operations, Charter Communication, appeared before the Commission regarding the relocation of cable in the streetscape project area and requested the City’s consideration of reimbursement.
He distributed a summary of estimated costs of $21,977.30, giving a breakdown of work performed and materials in three projects as:
Project #1, Bell Street & 10th Street at $13,518.43;
Project #2, Bell Street north of Main Street @ $4,085.93
Project #3, Bell Street south of Main Street @ $4,372.94
Next, City Engineer John Krywicki informed the Commission that in meeting with OG&E representatives in April regarding the agreement for relocation of electric lines to be moved underground, it was his opinion that the City was not obligated to Charter for costs since Charter had an agreement with OG&E to place its cable on OG&E’s utility poles.
Upon discussion, City Manager Terry Powell requested to defer this item to the next meeting in order for city staff and city attorney to meet with OG&E and Charter representatives to review the agreement and come back at the next meeting to give a staff recommendation.
AGENDA ITEM NO. 7: Presentation by Debbie Williams of the Mabee-Gerrer Museum regarding the Etruscan art exhibit coming in June, 2004.
Ms. Debbie Williams, Director of the Mabee-Gerrer Museum of Art on the campus of St. Gregory’s University, thanked the Commission for the importance of expediting the street improvements on MacArthur Street to contribute to the success of the Etruscan art exhibit and other treasurers.
The five-month exhibit, June 1 through October 31, 2004, will consist of over 100 pieces of ancient gold jewelry collection of the private collection of an Italian prince.
Ms. Williams informed the Commission that this exhibit to Shawnee will be the only venue shown in the United States and then go to Rome, Italy and stating that the exhibit is predicted to attract more than 100,000 visitors to the City.
AGENDA ITEM NO. 8: Presentation by Rod Bottoms updating the Commission on the jail and one cent sales tax.
Mr. Rod Bottoms, Jail Administrator, presented the Commission with an update on the jail and one cent sales tax by power-point presentation.
He showed the plans of the facility and talked about the mission to provide community safety, facility security, and welfare of staff and inmates.
Mr. Bottoms gave an overview of the plans and programs to be offered to restructure inmate behavior.
The new facility will include 174 beds and on the opposite side of the building will house the juveniles with a similar floor plan as the regular jail facility.
Concluding, Mr. Bottoms stated that the groundbreaking for the jail would be the middle of this month.
AGENDA ITEM NO. 9: Consider issuing a permit for footing and site work only for Oklahoma Jetworks new hangar on airport property.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve a permit for footing and site work only for Oklahoma Jetworks new hangar on airport property. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harden, Peterson
NAY: None
AGENDA ITEM NO. 10: Consider issuing a permit for construction of the Gordon Cooper Technology Center utility building on airport property.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve issuance of a permit for construction of the Gordon Cooper Technology Center utility building on airport property. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harden, Peterson
NAY: None
AGENDA ITEM NO. 11: Consider presentation by staff regarding water problems and possible recommendations and solutions and action relating thereto.
City Manager Terry Powell and Public Works Director James Cole, presented recommendations and a Water Conservation Plan to ensure water for domestic use and fire suppression is available in the City.
Mr. Cole distributed to the Commission the City of Shawnee Water Conservation Plan and gave the status report of the water system and Mr. Powell gave an overview of the long range water system improvements program.
In the update, the city would spend about $1 million a year over the next 15 years on the improvements and one of the main lines that would be upgraded immediately would be the 14-inch waterline that feeds two of the city’s main water tower on Federal Street.
Concluding, staff indicated that at the next meeting they would present more information about plans and specifications for water projects at Benedict Street by Love’s Store; Kickapoo Spur to Independence and Federal Street.
AGENDA ITEM NO. 12: Informational update on financial contributions to the SCCDA for the construction of the new multi-purpose building at the Expo Center.
City Treasurer/Finance Director Terry Compton gave an update about the Commission originally approving $2,265,000 from the 2001 bank note to contribute to the construction of the multi-purpose convention building at the Expo Center. The construction contract with Loerke Construction has exceeded this by approximately $385,000 including contingencies. The SCCDA is at a point that the funds are now needed. According the city treasurer, discussions were held in 2002 in regards to adding an additional $385,000 to the 2001 Note to cover this expense, with the understanding that Shawnee Civic & Cultural Development Authority (SCCDA) would be making payments to the Shawnee Municipal Authority to cover the payments over a 10-year period.
In response to comments from the Commission that it was thought to not have been approved by the Commission for the additional amount, Mr. Ken Etchieson, Director of the Heart of Oklahoma Exposition Center also stated same about the payback of the loan and further explained that the financial advisor, Oppenheim, recommended that by adding to amount to the original bank note would be the most efficient way to raise the money to pay the difference between the cost of the convention center and the $2.265 million that was already approved by the Commission in the original bank note.
Since this item did not allow for action, it was determined to place this item on the agenda for the next meeting for consideration.
AGENDA ITEM NO. 13: Consider an interlocal agreement with Pottawatomie County regarding reimbursement of costs for the MacArthur Street paving improvements project from West of Airport Tunnel to U S Highway 177.
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to approve an interlocal agreement with Pottawatomie County regarding reimbursement of costs for the MacArthur Street paving improvements project from West of Airport Tunnel to US Highway 177. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 14: Consider Bids.
a. Hydraulic Power Unit (open)
BIDDER AMOUNT
PortaCo, Inc. $16,849.74
Moorhead, MN Pump No Bid
Steffen $15,470.00
Sioux City, IA Pump $ 1,515.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to defer all bids received for the hydraulic power unit to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harden
NAY: None
b. Equipment Bid: One 2003 ½ Ton Pickup Truck (open)
BIDDER AMOUNT
Harvey’s, Inc. $14,485.00
Shawnee, OK
Joe Cooper Ford $15,210.00
Oklahoma City, OK
Hudiburg Auto Group $15,735.00
Midwest City, OK
Knippelier Chevrolet $14,073.53
Blanchard, OK
Cameron Colter Country Ford Mercury $13,900.00
Guthrie, OK
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to defer all bids received for the 2003 ½ ton pickup truck (Action Center) to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 15: 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. 16: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 18: Commissioners Comments.
Under Commissioners Comments, Mayor Harden mentioned that campaign signs were along the roadways last weekend and asked if there was staff working on weekends.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the meeting be adjourned. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK
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