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, March 19, 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
Commissioner Ward 6-Vice Mayor
ABSENT:
Steven Blair
Commissioner Ward 4
INVOCATION Reverend Helen Crain
New Beginings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: a. Declaring a vacancy in
Ward 4 of the Shawnee
City Commission.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, declaring that a vacancy exist in Ward IV of the Shawnee City Commission seat. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Roach
NAY: None
b. Authorization to advertise for applications regarding vacancy in Ward 4 of the Shawnee City Commission.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve authorization to advertise for applications to fill the vacancy in Ward IV of the Shawnee City Commission and setting the date of the next regular City Commission date of April 2, 2001 to open applications. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Roach
NAY: None
AGENDA ITEM NO. 2. Consider Approval of Consent Agenda.
a. Minutes of March 5, 2001 meeting
b. Transfers of Appropriations in General Fund and Shawnee Municipal Authority.
c. Acknowledge the following reports and minutes:
* Budget Status Report as of February 28, 2001
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of March, 2001
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of February, 2001
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of February, 2001
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of February, 2001
* Utility Division Report for the month of February, 2001
* City Clerk Collection Report for month of February, 2001
* Building Inspector Report for the month of February, 2001
* Shawnee Community Center report for the month of February, 2001
* Shawnee Urban Renewal Authority minutes of February 21, 2001 meeting
* Traffic and Transportation Commission minutes of November 28, 2000 meeting
* Shawnee Airport Advisory Board minutes of December 6, 2000 meeting
* Citizen Advisory Committee minutes of November 29, 2000 meeting
d. Approve resolutions of appreciation to firemen Mike Littrell and Richard Campbell for more than 25 years of loyal service to the City of Shawnee.
e. Request authorization to advertise for bids on the Lake Road Bridge Deck Repair Project.
f. Request authorization to purchase and installation of spill containment equipment for the Shawnee Municipal Airport.
g. Mayor’s Appointment of Nancy Ford to the Shawnee Beautification Committee.
h. Recommendations from Traffic and Transportation Commission of the February 27, 2001 meeting:
1) Consider request from Mr. James Cole, to place 4-way stop signs with crosswalks at the intersection of Wayne and Center Streets.
Recommendation: To approve request.
2) Consider request from Mr. Robert Rimer to place “Playground” signs for the new park at Wayne and Center Streets.
Recommendation: To approve request and to consider placing signs at other city parks.
3) Consider request from Reverend Larry Sparks of New Beginnings Church, 1203 E. 42nd Street, for a street light at the corner of Harrison and 42nd Streets.
Recommendation: To deny request.
4) Consider request from Mr. Ronald Gillham, 667 N. Louisa Street, to change the current ordinance and signs stating “No Parking” on the south side of the 300 block of West Dewey to the north side.
Recommendation: To approve request.
5) Consider request from Ms. Carol Williams, an employee of Wilson School, 1830 N. Beard, to place “No Parking Bus Loading Zone” signs on Emmett Street from Beard Street west 125 feet on the south side.
Recommendation: To approve request.
6) Consider request from Mr. Ken Doyle, P.O. Box 3427, for a “No Parking” sign on North Tennessee from the corner of Main Street 150 feet north on the east side.
Recommendation: To approve request.
Before considering the Consent Agenda, Commissioner Pettyjohn requested to pull (f) for separate consideration.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve Consent Agenda Item No. 1 (a-h) less (f), as presented. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Next, City Manager Terry Powell addressed questions from Commissioner Pettyjohn regarding the costs and necessity of the containment equipment for the Shawnee Municipal Airport pointing out that the city was attempting to comply with the new airport requirements.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, to approve Consent Agenda Item No. l(f) as presented. Motion carried.
AYE: Pettyjohn, Claybrook, Harrod, Harden, Roach, Downing
NAY: None
AGENDA ITEM NO. 3. City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to City Clerk Diana Hallock as the March employee of the month in recognition of her excellent and dedicated service to the City of Shawnee. She recently was conferred in the membership of the Master Municipal Clerk Academy in fulfillment of requirements prescribed by the International Institute of Municipal Clerks.
AGENDA ITEM NO. 4. Mayor’s Proclamations.
Mayor Harden issued the following proclamations:
“Mental Retardation and Developmental Disabilities Month”
March, 2001
(accepted by Ms. Barbara Hembree, Faith 7 Director)
“Shawnee Redbud Festival Day”
March 24, 2001
(accepted by Nancy Sloan, Chamber of Commerce)
“Fair Housing Month”
April, 2001
(accepted by Mike Southard, City of Shawnee Planning/Code Enforcement Director)
“Equal Pay Day”
April 3, 2001
(accepted by Mary Zeller)
Vice Mayor Downing assisted Mayor Harden by reading the proclamation since he has been a long time supporter of DEMOLAY.
“International DEMOLAY Month”
March, 2001
(accepted by Jeff Gamble and Butch Lutomski)
AGENDA ITEM NO. 5: Public hearing and consider a resolution creating Granada Estates/ Tanglewood/Coronado Terrace/Cedar Creek Water Improvement District and determining sufficiency of protests.
Mayor Harden declared a public hearing in session to consider a resolution to create Granada Estates/Tanglewood/Coronado Terrace/Cedar Creek water improvement district and determining sufficiency of protests.
Before the public hearing, Mr. Matt Hopkins, Acting City Attorney, advised the Commission that proper notice of the public hearing appeared to be deficient according to state statutes. He directed staff to issue a new notice with the assistance of legal counsel and proceed with the initial public hearing as scheduled for this meeting, and hold another public hearing at the next meeting when this item would be considered again.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to defer action considering creating a water improvement district and direct staff to issue new notices with the assistance of legal counsel to all property owners to hold another public hearing at the next meeting and proceed with the initial public hearing as scheduled for this meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Mayor Harden asked if any persons wished to appear in favor of or in protest of said creation of a water improvement district.
Those residents appearing were as follows:
Chuck Mills, 27 LaDonna Drive
Beverly Hutcheson, 12 Tanglewood Lane
Roger Hadley, 13 Del Rancho Lane
Carl Moss, 3304 Monticello
Lee Ann Stusnick, 1 Cedar Creek
Bill Blackwell, 78 Granada
Bill Thorne Jr., 57 Serenada Lane
Neal Martin, 36 Pam Drive
Oliver Swain, 2 Juel Drive
Ron Britt, 1404 Brangus
Don Weir, 42 Granada
Johnny Lewis, Lts 5&6, Coronado Terrace
Gaines Neal, 56A Serenada Lane (He noted for the record that his request for a lot line adjustment was granted by the City of Shawnee and he requested that the records reflect that Lots 55 and 56 have been consolidated into one lot, 56A, and it be reflected in the records the change as recorded in the Pottawatomie County Clerk’s Office.)
The primary concern of those appearing voiced concerns of the assessment plan being unfair particularly for property owners who have more than one lot and many felt they should have the opportunity to consolidate their lots.
Mayor Harden declared the public hearing closed at 9:09 p.m. and announced that this item it would be continued to the next City Commission meeting.
CITY COMMISSION RECESSED AT 9:09 P.M. FOR A SHORT BREAK.
CITY COMMISSION RECONVENED AT 9:19 P.M. WITH ALL COMMISISONERS PRESENT.
AGENDA ITEM NO. 6: Consider an ordinance amending parking within the City of Shawnee as follows.
a. Change from no parking on the south side of the 300 block of West Dewey to the north side
b. No parking on the south side of Emmett Street from Beard Street west 125 feet
c. No parking on the east side of North Tennessee Street from Main Street north 150 feet
Ordinance No. 2000NS was introduced and the title read aloud.
Ordinance No. 2000NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Claybrook, Harrod, Harden, Roach
NAY: Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 2000NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider Updated Comprehensive Plan and Land Use Map. (Deferred from 3/5/01 meeting)
The City Commission deferred action from its last meeting to allow Commissioners time to review the updated Comprehensive Plan and Land Use Map.
At this time, Community Development Director Michael Southard reiterated that the Comprehensive Plan was last amended in October 1995 and since that time several changes have been made to the zoning maps that did not comply with the land use map. One of the primary changes in the document was to give guidance in evaluating rezoning requests in transitional areas on major arterials.
According to the staff report, the updates are to bring things in line with current conditions and prepare the City to move forward with a complete overhaul of the Plan. City staff will request that the City Commission commit to funding the development of a new Comprehensive Plan over the next couple fiscal years.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to adopt the updated Comprehensive Plan and Land Use Map as presented. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 8: Consider request from Don Reynolds of Potawatomi Nation concerning utility permit.
Under this item, Mr. Don Reynolds of the Citizen Potawatomi Nation, did not appear concerning the utility permit for the nearly completed discount food store at Hardesty and South Gordon Cooper Drive.
Community Development Director Michael Southard advised that Mr. Reynolds had requested to be on the agenda in case it was necessary to address the utility hookup.
Mr. Southard advised that the Citizen Potawatomi Nation had submitted all the requirements as requested by city staff for the utility permit.
A brief discussion ensued if whether a formal agreement or memorandum of understanding would be in order for the grocery store utility hookup. If needed, it could be drawn up for a future meeting.
AGENDA ITEM NO. 9: Consider request from REACT Ambulance Authority for City Commission consent to assign REACT’s interest in airport lease to BancFirst.
As a requirement of a loan agreement between BancFirst and REACT Ambulance Authority to build its facility on airport property, REACT is requesting the City’s consent for REACT to make collateral transfers to BancFirst.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve the request from REACT Ambulance Authority for the City’s consent to assign REACT Ambulance Authority’s interest in airport lease to BancFirst. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Consider extending the contract with BFI for next fiscal year for solid waste disposal.
Public Works Director James Cole made a recommendation to extend the contract with BFI for the next fiscal year for solid waste collection and disposal services.
He advised that the initial term of the contract with BFI was from October 1, 1995 to June 30, 2000, with options to renew.
In the agenda packet was a survey of other cities similar in size to Shawnee showing higher costs and staff reported that BFI has offered to hold the price for the next fiscal year.
In discussion, the Commissioners decided to look into other options and gave staff direction to include in the request for proposals items such as using poly-carts with one time pickup service; cost for curbside/houseside service; and recycling services.
Commissioner Roach made a motion, seconded by Commissioner Harrod, to direct staff to request for proposals for solid waste collection and disposal services with options. Motion carried.
AYE: Roach, Harrod, Harden, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 11: Consider recommendation from the Airport Advisory Board to advertise for bids for Shawnee Municipal airport policy for general and product liability.
Assistant Airport Manager Lori Bowlan reported that after checking with the city attorney, she was recommending to take his advice and not advertise for bids for airport general and product liability insurance, but to extend the current OMAG insurance coverage to airport property.
She stated reasons for immediate coverage was a safety issue in the fact that the runway and taxiway are in need of repair; and with insurance coverage the City should limit its risk of exposure from airport tenants operating without adequate insurance coverage.
Ms. Bowlan stated that this was a complicated issue and she would give an update at a future meeting.
No action was required by the Commission.
AGENDA ITEM NO. 12: Consider contracting with Fagin, Brown, Bush, Tinney & Kiser as bond counsel for capital improvements project package.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept Treasurer/Finance Director Jim Wilsie’s recommendation to enter into an agreement for bond counsel services with the firm of Fagin, Brown, Bush, Tinney & Kiser of Oklahoma City, Oklahoma, with a proposed fee of 0.5% of the debt issued for the capital
Note: The Letter of Engagement is between the Shawnee Municipal Authority and Fagin, Brown, Bush, Tinney & Kiser, P.C.
AGENDA ITEM NO. 13: Consider awarding proposals regarding annual audit and consulting services. (Deferred from 3/5/01 meeting)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept Treasurer/Finance Director Jim Wilsie’s recommendation to award the annual audit, internal audit, and general consulting services for the 2000-2001 fiscal year to Crawford & Associates, P.C., Oklahoma City, Oklahoma, for the base proposal amount of $19,800.00. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Roach, Downing, Claybrook
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 given.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Mayor Harden read a thank you letter from the Oklahoma State University president for the resolution of support from City of Shawnee regarding the tragic plane crash resulting in the death of ten members of the Oklahoma State University basketball team and support staff.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the meeting be adjourned. (10:32 p.m.) Motion carried.
AYE: Harrod, Pettyjohn, Harden, Roach, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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