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 18, 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
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Milo Steffen
First Christian Church
FLAG SALUTE Mayor Harden
Mayor Harden noted there would be a deviation from the formal agenda at this time to hear Commissioners Comments.
AGENDA ITEM NO. 23: Commissioners Comments.
Commissioner Weaver stated that he would propose an amendment to Ordinance No. 2099NS prohibiting parking or storage of trailers and boats in front and unscreened side yards of residential areas.
The amendment would allow boats on trailers to be parked at residences if they are tagged, covered with a tarp, in operational order and parked in the driveway of the residence.
There were no changes on utility trailers or recreational vehicles offered.
Community Development Director Mike Southard stated the ordinance currently prohibits parking recreational vehicles in the front yard.
Upon Commissioner Weaver’s proposal, many citizens in the audience left the meeting.
Mayor Harden returns to the official order of the meeting.
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. 17.
b. Minutes of the August 4, 2003 meeting.
c. Budget amendments in Shawnee Airport Authority Fund and Capital Improvement Fund for FY 2003-04.
d. Transfer of Appropriations in Shawnee Airport Authority Fund for FY 2003-04.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through August, 2003
* Utility Division Report for the month of July, 2003
* City Clerk Report for the month of July, 2003
* Warrant Officer activity report for the month of July, 2003
* Shawnee Community Center report for the month of July, 2003.
* Shawnee Urban Renewal Authority minutes of the July 22, 2003 meeting.
* Sister Cities Council minutes from the July 8, 2003 meeting.
* Planning Commission minutes from the July 16, 2003 meeting
f. Authorize staff to advertise for bids for one or more full-size police units for use by the Police Department.
g. Consider Fire personnel to attend the WMD Radiological/Nuclear Course for HazMat Technicians in Bechtel, Nevada from August 25-28, 2003.
h. Acknowledge grant award from the State Department of Transportation for the Round Seven Highway Tree Grant Program for $23,085.00.
i. Consider recommendation of Beautification Committee to designate I-40 between Kickapoo & Harrison as Shawnee’s “Centennial Grove.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Agenda Item No.1 (a-i), inclusive, be approved as presented. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation to Employee of the Month.
Personnel Director Dave Chesher, on behalf of City Manager Terry Powell, presented a plaque and gift certificate to Johnny Dodd, Northside Wastewater Treatment Plant, as the August employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Presentation of Shawnee Economic Development Foundation semi annual report and annual audit by Chairman Chris Clark.
Mr. Bob Jones President of the Shawnee Economic Development Foundation, presented the semi annual report and annual audit.
He highlighted the activities conducted during the year and reported that the Foundation had received a clean audit.
He expressed appreciation to the City Commission for its support of the various programs administered by the Foundation and its partnership in advancing the needs of the community.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located south of Wolverine on Industrial Drive from I-2, Light Industrial District to I-3, Heavy Industrial District for use as manufacturing. (Applicant: Bob Jones, SEDF)
Mayor Harden declared a public hearing in session to consider and ordinance rezoning property located south of Wolverine on Industrial Drive for use as manufacturing.
It was noted the Planning Commission had recommended approval of and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2100NS was introduced and the title read aloud.
Ordinance No. 2100NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: A tract of land described as beginning at the northwest corner of Tract 2, Block 1, Industrial Park Addition, being a part of the Northwest Quarter (N/W 4) of Section 19, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, according to the recorded plat thereof; thence N89º20’54”E for a distance of 318.75 feet; thence S00º38’47”E for a distance of 550.00 feet; thence S89º20’54”W for a distance of 318.76 feet; thence N00º38’44”W for a distance of 550.00 feet to the point of beginning; zoning said property from I-2, Light Industrial District to I-3, Heavy Industrial District; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the title and Section 1 be approved.
Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2100NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider preliminary plat for Orchard Addition located at the SE Corner of Bradley and Center. (Applicant: R. W. Burnley for Shared Funding LLC)
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the preliminary plat for Orchard Addition located at the SE Corner of Bradley and Center. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 6: Consider final plat for Woodsong Addition Section 1 located west of Bryan and north of 45th Street. (Applicant: Bryant Builders)
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the final plat for Woodsong Addition Section 1 located west of Bryan Street and north of 45th Street be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 419 North Union from C-3, Automotive & Commercial Recreation District to C-3P, Automotive & Commercial Recreation District with Conditional Use Permit to allow for the sale of beer & alcoholic beverages for on-premise consumption. (Applicant: Rosario and Mario De Loera, El Rodeo Restaurant)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 419 North Union for a conditional use permit to allow for the sale of beer and alcoholic beverages for consumption on premises.
It was noted the Planning Commission had recommended approval of and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2101NS was introduced and the title read aloud.
Ordinance No. 2101NS 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 Twenty-Five (25), Twenty-Six (26), Twenty-Seven (27), Twenty-Eight (28) and Twenty-Nine (29), Block 5 (5), Choctaw Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the title and Section 1 be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2101NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider Charter’s relocation of cable in the streetscape project area. (Deferred from the August 4, 2003 meeting)
Mr. Andrew Dearth, Charter’s Operations Director, informed the Commission that since the last meeting, he had met with city staff and an alternate solution was being proposed if Charter could partner with the city by utilizing the City’s contractor during the street project, the original request of $21,977.30 could be lowered to $9,274.55.
City Engineer John Krywicki distributed to the Commission diagrams of the relocation of lines and explained the provisions in the ordinance.
A motion was made by Commissioner Weaver, seconded by Commissioner Claybrook, to approve up to $9,274.55 to relocate Charter Communication’s cable lines in the downtown Streetscape project area. Motion carried.
AYE: Weaver, Claybrook, Pettyjohn, Peterson
NAY: Harrod, Harden, Downing
AGENDA ITEM NO. 9: Consider a request from C-P Integrated Services, Inc. for a three per cent (3%) increase in their contract for street sweeping.
The Commission received a written request from C-P Integrated Services, Inc. to extend the contract price increase of three percent based upon the escalation provisions in the contract with the City.
The letter indicated that the reason for increase request was due to rising costs of labor and fuel. The company has not had an increase since March 2000.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve a request from C-P Integrated Services, Inc., Oklahoma City, Oklahoma, for a three per cent (3%) increase for street sweeping. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 10: Consider a request from Oasis Realty Incorporation for proposed property development.
Mr. Alvin Vence, representative of Oasis Realty Incorporation, appeared before the Commission to present a proposal to get a tax credit in Shawnee for a proposed development at the corner of Minnesota and Independence Avenue.
Mr. Vence stated that it was the company’s intent to develop thirty (30) town houses to be used as rentals.
According to Mr. Vence, the project would be in part funded from equity attracted from Low Income Housing Tax Credits.
Since the partner from Denver, Colorado, who would have presented the financial background of the company was not able to attend the meeting, the Commission decided to defer this item.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the request from Oasis Realty Incorporation for proposed property development be deferred to the September 2, 2003 City Commission meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 11: Consider roadway easement from the City of Shawnee to Scott Premo in the amount of $600.
According to staff’s notes, Mr. Premo owns 5 acres outside the city limits on Pecan Grove Road. The most logical access point to the property would be through property acquired by the city from Mr. Premo’s grandfather approximately 50 years ago. An appraiser values the permanent easement at $600. Staff recommends granting the easement.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to grant a roadway easement from the City of Shawnee to Scott Premo in the amount of $600.00. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider a request from Daniel Shaughnessy (VideoDANS) for use of city-owned video equipment to tape the home Shawnee football games.
The City Commission received a letter of request from Mr. Daniel Shaughnessy dba VideoDANS, to use city-owned video equipment to tape the Shawnee Wolves High School football games at home.
Based on legal opinion from the city attorney, the following motion was made.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to deny the request from Daniel Shaughnessy dba VideoDANS to use the city-owned video equipment to tape the home Shawnee football games upon advice of the city attorney. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 13: Consider waterline projects/bids/specs for Benedict Street, near Love’s Store, Kickapoo Spur to Independence & Federal.
City Engineer John Krywicki updated the Commission on its request for city staff to model the Kickapoo Street waterline for replacement.
He requested that city staff be allowed additional time to calibrate actual water flows and report it’s findings at a later date.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer this item on the waterline projects to the October 6, 2003 City Commission meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 14: Consider staff’s recommendation regarding the SCCDA for additional amount to be added to the SMA bank note. (Deferred from the August 4, 2003 meeting)
The Heart of Oklahoma Exposition Center Director Ken Etchieson and City Manager Terry Powell answered financial questions raised from the Commission in regards to personnel costs, audit review, and the original bid costs in order for consideration of staff’s recommendation for an additional amount to be added to the Shawnee Municipal Authority’s bank note for overage of building cost for the new multi-purpose building.
In the agenda notes from City Treasurer/Finance Director Terry Compton, it recapped that the Commission has previously approved an allocation of the SMA 2001 Bank Note in the amount of $2,265,000 to fund the Expo Center multi-purpose building. There is an additional amount of approximately $378,640 needed to complete the project.
Funding alternatives for this overage of $378,640 were discussed at the April 1, 2002 commission meeting. Staff’s recommendation at that time was to add to the existing $5.1 million bank loan of the Shawnee Municipal Authority to fund the multi-purpose building. It is still the most inexpensive way of funding the loan and staff maintains its recommendation to do so.
A formal agreement would be made between the SCCDA and the SMA to set up repayment terms of approximately $50,000 annually until paid, which would be less that 10 years.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve staff’s recommendation for an additional amount to be added to the SMA bank note in the approximate amount of $378,640.00 to pay for the overage on the multi-purpose building. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 15: Direct staff to determine the need and engage public support of a TIF District for east and west Main Street.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to direct staff to proceed with public support of a TIF District for east and west Main Street if feasible. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 16: Consider a request from Mrs. Lynn Waters at 713 North Union to install drainage structures.
Mrs. Lynn Waters, 713 North Union, appeared before the Commission requesting the city to install drainage structures to alleviate the problem of water pooling in her front yard during rainfall.
City Engineer John Krywicki reported that Mrs. Waters’ request is for the City to remove the runoff that is flowing down Union Street because cars are splashing water onto her yard during rainfall events.
Upon his research, it would cost approximately $45,000 to accomplish her request and it was staff’s recommendation to deny request since it would not be practical to spend funds for the betterment of private property.
Mr. Krywicki offered that more asphalt could be poured to eliminate the standing water or birdbath effect in the street to help eliminate water in the street.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to deny the request from Mrs. Lynn Waters at 713 North Union to install drainage structures and direct staff to pursue city engineer’s recommendation to lay asphalt in the street. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 17: Consider Bids.
a. Hydraulic Power Pack and Pump (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve staff’s recommendation to award the bid for a hydraulic power pack and pump to Steffen, Sioux City, Iowa, in the amount of $16,985.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
b. One 2003 ½ Ton Pickup Truck (Action Center) (award)
Community Development Director Mike Southard explained that the lowest bid from Cameron Colter Country Ford Mercury of Guthrie, Oklahoma was determined by the Central Garage that it did not meet the minimum specification of engine requirements and that the bid be awarded to the next lowest bidder.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve staff’s recommendation to award the bid for one 2003 ½ ton pickup truck for the Action Center to Knippelemier Chevrolet, Blanchard, Oklahoma in the amount $14,073.53 as the lowest bid meeting specifications. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
c. Larkins Meadow Drainage Improvements (open)
BIDDER AMOUNT
BJP Enterprises, Inc. $178,625.88
Guthrie, OK
Jordan Contractors, Inc. $165,187.50
Tecumseh, OK
M L Young Construction Co. $225,140.00
Edmond, OK
Cimarron Construction Co. $196,850.00
Oklahoma City, OK
CP3 Enterprises $187,941.48
Maud, OK
Engineer’s Estimate: $186,425.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to defer the bids on the Larkins Meadow Drainage Improvements to the next City Commission meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 18: 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. 19: Administrative Reports.
Under Administrative Reports, two reports were given:
1) Community Development Director Mike Southard reported in response to a guest editorial in the Shawnee News-Star by Raymond Belford, regarding his suggestion for an alternate site for the Regional Park near airport property south of the YMCA building. Mr. Southard explained that the airport site was one of the initial sites considered, but there were several reasons for not picking that area. Some of those reasons included a two to four acre site would not accommodate the proposed six soccer fields, drainage way problems to the east and west; oil well on site; and the site did not make the top 10 sites to be considered as a park site.
2) Public Works Director James Cole gave an update on the lay down machine. In the power-point presentation, he showed work being done on the two-mile Garrett’s Lake Road asphalt road project and the one-half mile work completed on University Street though the Oklahoma Baptist University campus. The next project will be a one-mile project on Leo Street.
AGENDA ITEM NO. 20: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens participation, Ms. Andrea Koepke, 1302 North Beard, presented a petition opposing the trailer ordinance passed at the last Commission meeting.
Mr. John Holt thanked Commissioner Weaver regarding the proposed amendment to the trailer and boat ordinance and expressed his concerns about the proposed housing by Oasis Incorporation stating that the area is in the flood zone and his worry was about the water runoff along the railroad tracks.
AGENDA ITEM NO. 21: Consider and possible action to enter into Executive Session for confidential communications with Counsel regarding pending suit entitled Raymond Vague et.al. v City of Shawnee, CIV-02-910-BA as authorized by 25 O.S. 307(B)(4).
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Commission go into Executive Session to discuss the pending suit entitled Raymond Vague et.al. v City of Shawnee, CIV-02-910-BA as authorized by 25 O.S. 307(B)(4). Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:12 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:55 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 22: Consider possible action to approve proposed settlement in Raymond Vague et.al. v City of Shawnee, CIV-02-910-BA.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to instruct counsel to pursue the settlement in the case of Raymond Vague et.al. v City of Shawnee, CIV-02-910-BA. Motion failed.
AYE: Harrod, Downing, Pettyjohn
NAY: Claybrook, Harden, Weaver, Peterson
AGENDA ITEM NO. 23: Commissioners Comments.
AGENDA ITEM NO. 23 WAS HEARD AT THE BEGINNING OF THIS MEETING; ADDITIONAL COMMENTS WERE ALLOWED.
Commissioner Harrod noted although he was absent at the last meeting, he was opposed to the trailer and boat ordinance that had passed and he urged the Commission to reconsider its decision.
AGENDA ITEM NO. 24: 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. (9:12 p.m.)
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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