Date: 4/16/2001Board: City CommissionDocumentType: MinutesWeb Posted: 5/17/2001 9:37:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 16, 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 16, 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 Brad Roach
Commissioner Ward 3 Commissioner Ward 5
Bob Downing Vacant
Commissioner Ward 6-Vice Mayor Ward 4
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 and proposals as set forth in Agenda Item No. 12.

b. Minutes of April 2, 2001 meeting
c. Transfer of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of March 31, 2001
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of April, 2001

* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of March, 2001

* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of March, 2001

* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of March, 2001

* Utility Division Report for the month of March, 2001
* City Clerk Collection Report for month of March, 2001
* Building Inspector Report for the month of March, 2001
* Shawnee Community Center Report for the month of March, 2001; Quarterly Report for the months of January, February and March, 2001; and Heritage Library Report for the months of January, February and March, 2001

* Planning Commission minutes of March 21, 2001 meeting
* Shawnee Urban Renewal Authority minutes of March 20, 2001 meeting

* Shawnee Public Library Board minutes of January 2, 2001 meeting

e. Lakesite Lease Transfers:
7 Johnston Tract
To: Doug Blackwell From: Al & Paulette Chambers
30706 Clear Pond Road 1510 N. Center
Shawnee, OK 74801 Shawnee, OK 74801

3A Johnston Tract
To: Philip E. Stevens From: Jo Noblett
1321 N. Beard 1509 S.W. 23rd
Shawnee, OK 74801 Okla. City, OK 73108

f. Mayor’s Appointment of Mina Cory to the Sister Cities Council for a one-year term to serve as promotion committee chair

g. Approve resolution supporting Aldridge Hotel for tax credit application to the State of Oklahoma

h. Authorize Fire Chief to apply for Fire Act Grant from F.E.M.A.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1, (a-h) as presented. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Roach
NAY: None

AGENDA ITEM NO. 2: City Manager’s Presentation.

City Manager Terry Powell presented a plaque and gift certificate to Jim Bierd, Superintendent of Line Maintenance, as the April employee of the month in recognition of his excellent and dedicated service to the City of Shawnee. Mr. Bierd has been employed with the City for 22 years.
Before the next item, Mayor Harden acknowledged the Youth Leadership Shawnee group that was in the audience observing the meeting.
AGENDA ITEM NO. 3: Mayor’s Proclamations.

Mayor Harden issued the following proclamations:
“Oklahoma Sister Cities Day”
April 20, 2001
(accepted by Ann Davis, Shawnee Sister Cities Council)

“Trash Off Day”
April 21, 2001
(accepted by Tom Terry, Beautification Committee Chair)

“City Wide Clean-Up Day”
April 21, 2001
(accepted by James Cole, Public Works Director)

“A Day of Prayer”
May 3, 2001
(accepted by Denise Thurman)

AGENDA ITEM NO. 4: Introduction of the Shawnee Sister Cities delegation for the exchange trip to Nikaho, Japan from July 31 – August 7, 2001.

Shawnee Sister Cities Council Chairman David Walk introduced the delegation for the upcoming exchange trip to Nikaho, Japan from July 31 – August 7, 2001. All students are 7th graders representing various schools in the city.
Lauren Bowers, Grove Brandon Banks, Liberty Academy
Whitney Brand, Grove Beau Bohuslavicky, SMS
Kirbey Goodnight, NRC Clay LaValley, SMS
Rachel Henry, SMS Evan Scrutchins, SMS
Angel Sample, SMS Thomas Smith, SMS
Jessica Speers, SMS Tanner Wall, Grove
Mary Walk, SMS

Terry LaValley, Washington Academy, teacher delegate
Pat Bolt, Sister Cities Council representative
David Walk, Sister Cities Chairman, heading delegation

AGENDA ITEM NO. 5: Consider and interview applicants for the Ward IV vacancy.

The Commission conducted interviews of the following applicants for the Ward IV vacancy left by Steven Blair who had moved from Shawnee.
a. Ms. Bradie Winrow, 112 North Pesotum, Shawnee, OK
b. Mr. William Vernon Jobson, 1204 E. 10th, Shawnee, OK
c. Mr. Bob Weaver, 1802 E. 10th, Shawnee, OK
d. Mrs. Pamela M. Stephens, 1315 E. 11th, Shawnee, OK

The applicants were given the opportunity to state reasons why they should be considered as a representative of Ward IV.
After each one taking about five minutes, the Commission asked questions of the applicants.
Concluding the interviews, the Commission took action under the next agenda item.
AGENDA ITEM NO. 6: Consider appointment of Commissioner for Ward IV vacancy.

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, to appoint Mrs. Pamela M. Stephens to fill the Ward IV vacancy. Motion failed.
AYE: Pettyjohn, Claybrook, Harrod
NAY: Harden, Roach, Downing

Next, a motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to appoint Mr. Bob Weaver to fill the Ward IV
vacancy. Motion carried.
AYE: Downing, Roach, Claybrook, Harrod, Harden,
NAY: Pettyjohn
Mayor Harden announced that Mr. Weaver would be sworn in at the next City Commissioners meeting on May 7, 2001.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 1924 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a family entertainment center. (Applicant: Pam Taylor/PDS Entertainment, Inc.).

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1924 North Kickapoo for use as a family entertainment center.
It was noted the Planning Commission recommended approval of the application and staff recommended approval with the requirement that no outdoor activities would be allowed without prior approval from the city manager. 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 rezoning. Ms. Pam Taylor, the applicant, appeared on behalf of her application.
There being no others to appear, the public hearing was closed
After due and careful consideration, Ordinance No. 2002NS was introduced and the title read aloud.
Ordinance No. 2002NS 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 described as beginning at the northeast corner of the Southeast Quarter (SE/4) of Section 12, Township 10 North, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence South 562 feet; thence West 362 feet; thence North 562 feet; thence East 362 feet to the point of beginning; 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 Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Roach, Claybrook, Pettyjohn
NAY: None

Thereupon Mayor Harden declared Ordinance No. 2002NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider a resolution creating Granada Estates/Tanglewood/ Coronado Terrace/Cedar Creek Water Improvement District and determining sufficiency of protests. (Continued from April 2, 2001).

The Commission discussed at length the creation of the water improvement district for Granada Estates, Tanglewood, Coronado Terrace, and Cedar Creek Additions.
Community Development Director Michael Southard and City Engineer John Krywicki addressed concerns about the total lots to be assessed, lot consolidations, and tap fee reimbursement schedule.
Staff gave a power point presentation outlining all the areas affected and the waterline requirements. It was noted that the waterline would be a 12-inch line that would run along MacArthur to the entrance of Cedar Creek Addition to Brangus Road south to the second entrance of Tanglewood Addition.
Also Mr. Neal Martin, 36 Pam Drive, handed out to the Commission the estimates of the assessment fees that offered five alternatives and the hand out included the estimated tap fee reimbursement schedule subject to revision.
Further discussion involved the tie-in of Tri-County Rural Water District and what percentage would be charged to them and to property owners connecting to the lines at a later time.
Upon further discussion, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve using model Alternate No. 5, that list 135 owners, as the basis for the assessment fee and
consider the tap fee at a later time. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Roach
NAY: None
Continuing, City Attorney John Canavan reminded the Commission that the resolution would allow the creation of a water district and proceed with advertising for bids on the waterline construction.
He also advised that the tap fees could be separated from the assessment fees and noted that the 10-year time limit on the reimbursement of assessment fees is a statutory law for the assessment period.
Again, he mentioned that when the bids were received, a formula will be used to determine the assessment, the owners will be notified of the assessment, then a public hearing will be conducted again to determine if the assessment fee will be accepted.
Concluding discussion, City Engineer informed the Commission that if they approved the resolution, he would advertise for bids to be opened at the May 21st meeting.
After due and careful consideration, Resolution No. 6111 was introduced.
Resolution No. 6111 entitled “A resolution of the City of Shawnee, Oklahoma, creating the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District as an addition to the water system of the City; determining the sufficiency of protest; and adopting the preliminary assessment plat, preliminary plans of the engineer, estimate of cost, description of property to be assessed and amount of benefit estimated to be conferred on each parcel of land in the district.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Roach, Downing, Claybrook
NAY: None

Thereupon Mayor Harden declared Resolution No. 6111 duly passed and adopted.
AGENDA ITEM NO. 9: Consider entering into a contract with LandPlan Consultants, Inc. for downtown streetscape conceptual design.

Community Development Director Mike Southard reported that since being authorized by the Commission to negotiate a price with LandPlan Consultants, Inc. of Tulsa for design of the downtown streetscape; staff was recommending to enter into a contract in the amount of $19,996.25.
Mr. Southard informed the Commission that the estimated time of completion is mid to late summer. This time frame will allow for the preliminary design to be completed prior to submitting a grant proposal to the Oklahoma Department of Transportation for street enhancement funds.
He advised that the process would include several public hearings to receive citizen input and several meetings will occur between city staff, the steering committee and the consultant.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve staff’s recommendation to enter into a contract with LandPlan Consultants, Inc. of Tulsa, Oklahoma for downtown streetscape concept development, design, and related services in the amount of $19,996.25. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None

AGENDA ITEM NO. 10: Discuss acquisition of park and cemetery properties and improvements to Wayne Street.

Public Works Director James Cole presented recommendations to the Commission for the City to consider purchasing additional property east of the KidSpace Park for future park development that would include a picnic area. There are approximately seven and one quarter acres available for the expansion of the park.
He continued by recommending to purchase additional land next to the cemetery on the east side of the new parcel for future cemetery development and recommended contacting the property owners to make an offer.
Concluding this item, Mr. Cole stated that staff was also recommending improving Wayne Street between Harrison and Shawnee from Center to Pesotum for access to KidSpace which would improve the traffic flow to Larkins Meadows and other areas to the east.
Mr. Cole stated that he would put on the next agenda an item for the Commission to consider authorizing the city attorney to negotiate purchasing land.
AGENDA ITEM NO. 11: Discuss parking lot improvements at YMCA.

City Manager Terry Powell addressed the issue of the parking lot and drainage problems at the YMCA which was previously brought to staff’s attention by Commissioner Pettyjohn.
A power point presentation was given by staff to show the drainage area that runs under the YMCA’s building and discussion on how to divert the drainage.
City Engineer John Krywicki advised that with the various ongoing construction projects at hand, it would be the end of July that this project could get started.
It was staff’s determination that the drainage problem would need to be corrected first before the paving was done.
Mr. Powell reported that the estimated cost was approximately $92,990 and could possibly be funded out of the capital improvement funds.
The city’s engineering department will conduct the survey and proceed with preliminary work for the bid process.
AGENDA ITEM NO. 12: Consider Bids and Proposals.

Bids for the following were opened, read aloud and found to be as follows:
a. Solid Waste Collection and Disposal Services (open)
Waste Connections, Inc.
Oklahoma City, OK
Unit Price Annual Price
Basic residential service $11.65 $110,313.85
Alternate residential service $ 8.99 $ 85,126.31
Polycart residential service $10.75 $101,791.75
Curbside recycling service $ 4.45 $ 42,137.05
Community recycling collection $ 85,000.00

Browning Ferris Inc. (BFI)
Shawnee, OK
Unit Price Annual Price
Basic residential service $ 8.18 $ 929,585.04
Alternate residential service $ 6.99 $ 794,259.72
Polycart residential service $ 8.98 $1,020,379.50
Curbside recycling service $ 2.15 $ 244,300.20
Community recycling collection $ 39,900.00

Total Waste Sytems,
Norman, OK
Unit Price Annual Price
Basic residential service $ 7.13 $ 810,167.64
Alternate residential service $ 5.60 $ 636,316.80
Polycart residential service $ 6.05 $ 687,449.40
Curbside recycling service $ 1.55 $ 176,123.40
Community recycling collection $ 18,000.00

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept staff’s recommendation to refer the bids received for solid waste collection and disposal services to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Roach, Claybrook, Pettyjohn
NAY: None

b. Digital Logging Recorder (open)
BIDDER AMOUNT
Triton Electronics Inc. $26,782.00
Rolling Meadows, IL

Dictaphone $50,946.00
Stratford, CT

Southwestern Bell Telephone Company $48,435.00
Oklahoma City, OK

Voice Print International, Inc. $25,810.50
Camarillo, CA $37,440.75

Electronic Communications Systems, Inc. $27,395.00
Oklahoma City, OK

Travis Voice and Data $32,543.00
Oklahoma City, OK $33,850.00

A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to accept staff’s recommendation to refer the bids received for the digital audio logging recorder to staff for review and recommendation at the June 4, 2001 meeting. Motion carried.
AYE: Claybrook, Roach, Downing, Pettyjohn, Harrod, Harden
NAY: None

c. Lake Road Bridge Deck Repair Project (open)
BIDDER AMOUNT
PbX Corporation $54,919.00
Sapulpa, OK
Urban Contractors, Inc. $31,140.00
Oklahoma City, OK
M. J. Lee Construction Company $66,690.00
Tulsa, Oklahoma
Muskogee Bridge Company $77,655.00
Oklahoma City, OK (home office)
K & R Builders, Inc. $58,500.00
Wheatland, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept City Engineer John Krywicki’s recommendation to award the bid received for the Lake Road Bridge Deck repair project from Urban Contractors, Inc., Oklahoma City, Oklahoma, in the amount of $31,140.00 as the lowest and best bid contingent on all documents meeting requirements. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Roach, Claybrook
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)

There was no New Business to be reported.
AGENDA ITEM NO. 14: Administrative Reports.

City Manager Terry Powell reported that he checked with Andy Dearth of Charter Communications, requesting the live taping of the City Commission meetings (which are now tape-delayed one day), and Mr. Dearth was responsive and would make the arrangements at no cost.
The city manager noted that the meetings would be taped using the current camera and videographer and if later the city wanted to expand its service then costs would be involved.

AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)

Under Citizens Participation, Ms. Bradie Winrow congratulated Mr. Bob Weaver as the newly appointed Ward IV Commissioner.
AGENDA ITEM NO. 16: Commissioners’ Comments.
Under Commissioner’s Comments, Commissioner Pettyjohn requested staff to do a preliminary research on a skateboard park and report their findings.
Commissioner Harrod inquired if the city could develop an ordinance regarding tap fees for the new water district and increase the length of time from 10 years to 25 years. City Attorney John Canavan will research and report later.
AGENDA ITEM NO. 17: 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. (9:55 p.m.) Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

___________________________________
MAYOR

(SEAL)
ATTEST:

_______________________________
CITY CLERK





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