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 20, 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
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Larry Norris Heritage 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. 15.
b. Minutes of August 6, 2001 meeting
c. Acknowledge the following reports and minutes:
* Utility Division Report for the month of July, 2001
* Building Inspector Report for the month of July, 2001
* Shawnee Community Center monthly report for July, 2001
* City Clerk report for the month of July, 2001
* Shawnee Police Department report for the month of July, 2001
* Shawnee Urban Renewal Authority minutes of July 3, 2001
* Shawnee Planning Commission minutes of August 1, 2001 meeting
d. Authorize staff to advertise for bids for pipe bursting project.
e. Ratify declaration of emergency by City Manager for repair of 10” sewer line at east end of Berkshire.
f. Consider authorizing staff to negotiate a contract with LandPlan Consultants for engineering services and grant application.
g. Consider authorizing staff to negotiate a contract with Hornbeek Larrson Architects to locate and design master plan for Shawnee Regional Park and Sports Complex.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Consent Agenda Item No. 1 (a-g), inclusive be approved. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Roach
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Diane Beesley, Bookkeeper, as the August employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing to discuss and consider establishing a construction moratorium on billboards.
Mayor Harden declared a public hearing in session to discuss and consider establishing a construction moratorium on billboards.
It was noted the Planning Commission recommended approval of the moratorium on billboards and there were no protests filed with the City Clerk.
The public hearing was closed due to no persons appearing.
Mr. Mike Southard, Community Development Director, noted that the City Beautification Committee requested that the Commission consider instituting a building moratorium to prevent the construction of any new billboard signs in Shawnee. Several communities in the metro area have decided to completely prohibit billboards within their city limits and the Committee would like to address making Shawnee more attractive.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, that the moratorium to prevent the construction of any new billboard signs in the city limits be approved. Motion carried.
AYE: Claybrook, Pettyjohn, Harden, Weaver, Roach, Downing
NAY: Harrod
AGENDA ITEM NO. 4: Public hearing and consider an ordinance amending the definition of mobile homes and adding definitions and uses for manufactured homes, residential designed manufactured homes, panelized homes, pre-cut homes and manufactured home subdivisions to the zoning code of the City of Shawnee. (Continued from 8/6/01)
Mayor Harden declared a public hearing in session to consider an ordinance amending the definition of mobile homes and adding definitions and uses for manufactured homes, residential designed manufactured homes, panelized homes, pre-cut homes and manufactured home subdivisions to the zoning code of the City of Shawnee.
It was noted the Planning Commission and staff recommended approval. 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 application. No persons appeared and the public hearing was closed.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve the ordinance redefining mobile homes.
Before voting, Community Development Director Michael Southard gave the staff report.
He gave a brief overview of the recommended changes for the purpose of changing the definitions, standards, and installation requirements for factory built housing.
He explained that the existing Shawnee Code operates under a Code that was adopted in 1972 and it should be updated. He further informed the Commission that nationally and within Oklahoma alternative construction methods are being accepted as a manner to provide affordable housing.
Mr. Southard reported that the cities of Ardmore, Oklahoma City, and Muskogee had made changes to their Codes.
The Commission discussed the guidelines and had various concerns about the changes.
After discussion, Commissioner Weaver commented that he was not comfortable with the motion he made and withdrew his motion on the floor. Vice Mayor Downing stood firm on his second, and then made a motion to adopt the ordinance regarding mobile homes. The motion died for lack of a second.
Then the Commission requested Mr. Southard to continue doing further research on this matter and make a report on his finding.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to defer action on the mobile home ordinance for sixty (60) days. Motion carried.
AYE: Harrod, Weaver, Roach, Claybrook, Pettyjohn, Harrod
NAY: Downing
AGENDA ITEM NO. 5: Public hearing and consider an ordinance vacating an alleyway located at 1008 N. Harrison. (Applicant: Leonard Cantrell)
Mayor Harden declared a public hearing in session to consider an ordinance vacating an alleyway located at 1008 North Harrison.
It was noted the Planning Commission recommended approval of the request to close the alley with the rights to reserve all utility easement. There were no formal written protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the alley vacation. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2019NS was introduced and the title read aloud.
Ordinance No. 2019NS entitled “An ordinance vacating the alley in Lots Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Eight (8), Dexter’s Second Addition to the City of Shawnee, Pottawatomie County, Oklahoma; specifically describing said property, reserving the right to reopen said alley; reserving utilities; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Sections 1, 2, 3, and 4 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Roach, Claybrook, Pettyjohn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Comissioner Harrod, that Section 5, the emergency clause, be approved. Motion failed.
AYE: Downing, Harrod, Harden, Weaver, Roach
NAY: Claybrook, Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 2019NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 6: Presentation by Mike Southard and Keith Franklin on downtown Streetscape project.
Community Development Director Michael Southard introduced Mr. Keith Franklin, of LandPlan Consultants of Tulsa, Oklahoma, who gave a presentation on the downtown Streetscape project that he referred to as the Downtown Enhancement Master Plan.
The plan to revitalize downtown from Beard to Philadelphia on Main and on Bell Street from the Farmer’s Market to the Senior Citizen Center includes features such as adding brick to intersections, decorative lighting, vegetation, pedestal stoplights, decorative brick, and wrought iron fencing to Woodland Park.
He advised that the complete plan to be executed in three phases is expected to cost about $4 million and additional funding would be secured from the Oklahoma Department of Transportation and through matching funds from ISTEA.
Further updates will be given as progress is made.
AGENDA ITEM NO. 7: State and Federal legislative report on water issues by Danny George, Executive Director of Oklahoma Municipal League.
Mr. Danny George, Executive Director of Oklahoma Municipal League, appeared to give an update on the water issues on the national and state levels.
He first stated that water is a major issue for the State of Oklahoma and he gave an example that the State of Texas has requested to purchase water from the Native American tribes through the Corp of Engineers. He brought up issues as to who owns water rights between the Federal and Native American tribes.
Mr. George stated that it is important for cities to create a statewide trust.
He mentioned that one of the major issues of concern is the municipalities vs. rural water districts or other entities for non-urban areas; thus creating territorial fighting and causing conflicts.
Mr. George stated that OML would be hosting a meeting on Thursday and hopefully find an amicable way to approach the issues, problems, liability issues, conduct studies of resources and growth patterns.
He encouraged the Commission and all municipalities to participate in the process since this is an untested area and there are many unsettled water issues that need to be resolved.
City Manager Terry Powell stated that he invited Mr. George to give the update, since the City of Shawnee and the Tri-County Rural Water District had been in discussions about selling water to the rural water district.
Mr. Powell informed that the two entities had talked about issues and prices, and staff had contacted other municipalities and found out that not any two cities are alike, and there is not any situation to compare.
The city manager stated that the Commission could be hearing soon from Mr. Ray Rider of the Tri-County Rural Water District, to make sale of water that they need for backup source.
Concluding, Mr. George stated that a report would be sent regarding the outcome of the meeting.
AGENDA ITEM NO. 8: Consider requesting staff to prepare update and provide information on long-term availability of water resources.
Mr. James Cole, Public Works Director, gave an analysis of the water. In his comments he stated that the current water report is running behind the last two years. The water was coming solely from Wes Watkins Reservoir and now it is blending from the Twin Lakes which are full.
Mr. Cole anticipated that usage was not going to hit 6 million gallons a day for next 20 years based on the trend, but for the future staff would look at conservation.
After Mayor Harden expressed her concerns about long-term projections and adequacy of water, City Manager Terry Powell stated that the staff could get statistics on potential usage for area towns and projections of selling water.
AGENDA ITEM NO. 9: Presentation by Reverend Clifton Briscoe on the progress of the outreach program for Shawnee teens.
Reverend Clifton Briscoe was unable to attend the meeting.
AGENDA ITEM NO. 10: Discuss and consider an ordinance changing 15-minute parking restriction in the 100 block of North Beard to 2-hour parking on both sides of the street.
Ms. Kathy Crosby, owner of Suitable for Framing at 110 North Beard, appeared to discuss the parking on Beard in front of her business. She stated that she had been before the Commission two years ago with the same problems and was turned down by Oklahoma Department of Transportation (ODOT) since it is a state highway.
Her problem with customer parking is that many will park in front of her business all day and it does not matter if parking is for fifteen minutes or two hours, there is no enforcement on parking. It causes inconvenience to her customers.
Police Chief Hank Land stated that in the 13 ½ years there has always been problem parking and the Police Department works the parking problems by complaints received.
The Chief asked for any guidance to help resolve these issues and he said it was the Commission’s prerogative to determine what can be done.
City Manager Terry Powell stated that several years ago there were complaints and it took a series of meetings to satisfy all involved. The conclusion was that the 2-hour parking be allowed and it was not strictly enforced, but enforce by complaint.
Next, Ms. Nicole Hall, Downtown Shawnee Director, noted that merchants have recognized the parking to be more of a problem and through the Downtown organization they have started circulating a petition regarding parking laws needing to be enforced.
Next, Mr. Jim Winterringer, attorney whose law office is at 109 North Beard and across the street from Suitable for Framing, stated that he had tolerated the parking problem and he suggested that the sign should be longer than fifteen minutes since it takes longer for his clients to conduct business and it should be fairly done.
A motion was made by Vice Mayor Downing to approve the ordinance regarding parking and it died for lack of a second.
Next, a motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to refer the parking issued to the Traffic and Transportation Commission with instructions to look at the overall downtown parking situation and make it consistent throughout downtown. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Roach
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 11: Discuss funding sources for Independence Street Paving Project and consider authorizing city engineer to issue notice to proceed.
City Engineer John Krywicki gave an update on the Independence Street Paving Project (Bryan to Brangus) that had been awarded to Vantage Paving contingent on the funding agreement being executed by all parties involved.
Mr. Krywicki explained to the Commission that not all funding had been secured as originally anticipated.
He advised that with a shortfall of $26,000, it could be split between the City and Windmill Ridge Developers and he recommended to proceed with the project.
Mr. Greg Brown, Windmill Ridge Developers, appeared before the Commission to state that his company was willing to absorb part of the costs since they had already had a large investment in the paving project.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve funding the first half-mile of Bryan Street in the amount of $140,120.64 as the City’s portion and authorize the city engineer to issue the notice to proceed to Vantage Paving. Motion carried.
AYE: Downing, Weaver, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 12: Consider procedure to fill vacancy of Ward 5 City Commissioner seat.
A discussion ensued regarding the procedure used to fill the Ward 5 seat that will be vacated by Commissioner Roach on August 31, 2001 due to his moving from that ward.
In discussion, Commissioner Weaver objected to the current procedure used in making the selection stating it was awkward for the Commission and the candidates.
The city attorney advised that the Charter was silent on the selection process, but he advised that whatever procedure the Commission took, a public vote would need to be taken.
Since there were no other suggestions at this time, the following action was taken.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to fill the Ward 5 vacancy in the same manner as filled in the Ward 4 vacancy. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Roach, Pettyjohn
NAY: Downing
AGENDA ITEM NO. 13: Consider a resolution authorizing the purchase of MTS 2000 radios and waiving competitive bidding.
Fire Chief James Roberts requested the Commission to consider amending the resolution to change from $21,000 to $22,000 and the purchasing of MTS 2000 radios from 10 to 10 or more.
Resolution No. 6127 was introduced and entered into record.
Resolution No. 6127 “A resolution authorizing the purchase of MTS 2000 radios from a sole source vendor at a price not to exceed twenty-two
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Resolution and title be approved. Motion carried.
AYE: Downing, Weaver, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6127 duly passed and adopted.
AGENDA ITEM NO. 14: Consider directing city attorney to amend the public nuisance ordinance.
Mayor Harden began discussion about meeting with staff and the municipal judge to determine if improvements could be made in the public nuisance process; in particular, the tall grass and weed complaints.
In discussions with Municipal Judge Robert Jones, it was his interpretation of law that the way the City is ruling may jeopardize its position in the event a case was appealed to District Court. Staff indicated it was his opinion that complaining citizens should appear in court which under the existing system most of the complaints are anonymous.
Upon discussion, it was the city attorney’s opinion that if the ordinances changed, public nuisances would be placed under the criminal offense category and for a better language, make it an offense against the city’s ordinances where the Code Enforcement and Police Department could issue the citations.
Concluding discussion, it was the consensus of the Commission that Municipal Judge Robert Jones attend the next meeting to explain his position and also requested City Attorney John Canavan to conduct further research and return with a recommendation at a future meeting.
AGENDA ITEM NO. 15: Consider Bids.
a. Broadway Street Paving Project (Independence to Federal) (open)
BIDDER AMOUNT
Vantage Paving, Inc. $571,520.00
Oklahoma City, Oklahoma
Krapff Reynolds Construction Company $486,635.00
Oklahoma City, Oklahoma
T. J. Campbell Construction Company $471,915.00
Oklahoma City, Oklahoma
Rudy Construction Company $506,150.00
Oklahoma City, Oklahoma
All Roads Paving, Inc. $395,191.00
Yukon, Oklahoma
ENGINEER’S ESTIMATE: $480,000.00
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to accept staff’s recommendation to defer the bid for Broadway Street Paving Project (Independence to Federal) to the next meeting. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
b. Airport Improvement Project (open)
BIDDER AMOUNT
Vantage Paving, Inc. $1,384,810.00
Oklahoma City, Oklahoma
M. L. Young Construction, Inc. $1,014,780.00
Edmond, Oklahoma
APAC, Oklahoma, Inc. – Shawnee Div. $1,075,512.25
Shawnee, Oklahoma
Lamar Industries, Inc. $1,014,542.00
Shawnee, Oklahoma
ENGINEER’S ESTIMATE: $790,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept staff’s recommendation to defer the bid for new pavement for runways and associated taxiways at the Shawnee Municipal Airport to the next meeting. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden, Roach
NAY: None
AGENDA ITEM NO. 16: 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. 17: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 18: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizen’s Participation.
AGENDA ITEM NO. 19: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn stated that he had seen on the news that Oklahoma City and Edmond had an aggressive plan for the first days of school. He asked if Shawnee had a plan.
In response, Police Chief Hank Land answered in the affirmative and said there were no major problems with citizens driving in the school zones.
Commissioner Weaver had two items: 1) In regards to the home in the east part of Shawnee that has been under construction for approximately eight years, he asked if there was anything city staff could do to direct the owners to renovate the home on the outside so it would be aesthetically appealing for the neighborhood. Staff responded that they would check into the matter; 2) he acknowledged that his complaint about tall grass on commercial property on Harrison Street had been cut, but grass continues to hang over curbs which need to be groomed. Staff to check on this matter.
Mayor Harden announced that Commissioner Weaver had missed the previous meeting because he was a delegate on the Shawnee Sister Cities trip to Nikaho, Japan as a representative of the Commission.
Commissioner Harrod asked staff to check on the railroad ties at the railroad crossing at 45th Street on the westbound lane.
Commissioner Roach stated that he had enjoyed serving on the Commission. At a previous meeting he turned in his resignation as Ward 5 Commissioner as of August 31, 2001, since he had moved from his ward.
Mayor Harden on behalf of the Commission expressed appreciation to Commissioner Roach for his service and Commissioner Harrod expressed appreciation for the work Commissioner Roach had done on the Shawnee Kidspace Park.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the meeting be adjourned. Motion carried. (10:29 p.m.)
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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