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, July 2, 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 Sparks
New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of June 18, 2001 meeting
b. Acknowledge the following reports and minutes:
* Shawnee Community Center report for month of May, 2001
* Shawnee Urban Renewal Authority minutes of June 5, 2001 meeting
* Planning Commission minutes of June 6, 2001 meeting
* Civic and Cultural Development Authority minutes of May 17, 2001 meeting
* Shawnee Beautification Committee minutes of April 23 and June 4, 2001 meetings
* Traffic and Transportation Commission minutes of May 22, 2001 meeting
* Sister Cities Council minutes of May 15, 2001 meeting
c. Recommendations of the Traffic and Transportation Commission from the June 26, 2001 meeting:
1) Consider request from Mr. William Gunn, 801 N. McKinley, for 4-way stop signs at the intersection of McKinley Street and Anna Street.
Recommendation: To approve grid stop sign plan.
2) Consider request from Don and Nancy Plumbly, 617 W. Highland St., to place a stop sign on Highland Street two or three blocks west of Kickapoo Street.
Recommendation: To deny request.
3) Consider request from Mr. Kenton A. Webb, 215 N. Elm, to place a speed bump and “Children at Play” signs in the 200 block of North Elm.
Recommendation: To deny request.
d. Approve out of state travel at Texas A & M University for the purpose of training for the following firefighters: Mike Adams, July 15 – 20, 2001; David Anderson and James Gregory, July 22 – 27, 2001
Before considering the Consent Agenda, Commissioner Pettyjohn requested to pull Item No. 1c (i) for separate consideration.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Consent Agenda Item No. 1 (a-d), less lc(i) be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Commissioner Pettyjohn had questions about the feasibility of the request.
Public Works Director James Cole responded that Mr. Gunn was the only complainant about speeding traffic at the intersection of McKinley and Anna streets.
He reported that with the grid stop sign plan, it would move the traffic to Harrison Street, which is already a busy highway.
It was staff’s opinion that relocating stop signs would be labor intensive and probably not warranted.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to deny 1c(i), the request for a grid stop sign plan. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: Consider approval of final plat of Windmill Ridge East, Section 1. (Applicant: Greg Brown; Located at Independence and Bryan Street)
According to the agenda notes, the Planning Commission unanimously recommended approval of the final plat for Windmill Ridge East, Section 1. The plat complies with the PUD zoning district and Comprehensive Plan that calls for low density residential development.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the final plat of Windmill Ridge East, Section 1, located at Independence and Bryan Street as submitted by Greg Brown. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Roach
NAY: None
AGENDA ITEM NO. 3: Consider ratifying the International Association of Firefighters Local No. 1628 contract for 2001-2002.
City Manager Terry Powell advised the Commission that as a formality, ratification of the second year contract with the unions would be in order to affirm that city funds were available. He further noted that there were no changes to either contract.
A motion was made by Commissioner Roach, seconded by Commissioner Pettyjohn, to ratify the International Association of Firefighters Local No. 1628 contract for FY 2001-2002. Motion carried.
AYE: Roach, Pettyjohn, Harrod, Harden, Weaver, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 4: Consider ratifying the International Association of Police Association of Local Number 3, AFL/CIO contract for 2001-2002.
A motion was made by Commissioner Roach, seconded by Commissioner Pettyjohn, to ratify the International Association of Local Number 3, AFL/CIO contract for FY 2001-2002. Motion carried.
AYE: Roach, Pettyjohn, Harrod, Harden, Weaver, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 5: Consider appeal of ruling by Administrative Hearing Officer concerning property located at 614 E. Wayne.
Community Development Director Michael Southard, who is the Administrative Hearing Office, gave the report on the mobile home located on property at 614 East Wayne.
He reported that the house had been vacant for over three years, therefore; losing its legal non-conforming status. He advised that the property is zoned R-1; and even if it is considered legal non-conforming, city code prevents the enlargement, extension, construction, reconstruction, relocation or alteration of a non-conforming structure.
Next, the owner, Mr. Don Powers, appeared before the Commission to give a history on how he acquired the home and asked the Commission to allow him time to make the necessary improvements.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to give Mr. Don Powers, the owner, ninety (90) days to bring the mobile home up to City standards. Motion carried.
AYE: Pettyjohn, Weaver, Roach, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 6: Consider contract between City of Shawnee, Pottawatomie County, Greg Brown Homes and Highland L.L.C. for financing paving project on East Independence Street, Project Contract No. COS-PW-00-6.
City Engineer John Krywicki reported that the four parties involved had come to an agreement regarding the paving project on East Independence Street that would benefit the community’s citizens and staff was recommending the Commission’s approval on the agreement as presented in the agenda packet.
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to approve the contract between the City of Shawnee; Pottawatomie County; Greg Brown Homes; and Highland L.L.C. for financing paving project on East Independence Street, Project Contract No. COS-PW-00-6. Motion carried.
AYE: Claybrook, Roach, Downing, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider recommendation from the Airport Advisory Board to direct City Attorney to collect past due rents owed by DenRow, Ltd. as he deems appropriate.
Assistant Airport Manager Lori Bowlan updated the Commission on the DenRow, Ltd. airport hangar lease that had been determined by the Airport Advisory Board to be in default of its lease.
Ms. Bowlan reported that over time the lessee had made some improvements to the hangar and wanted to use that cost in lieu of rent payment.
She informed the Commission that the DenRow’s were asking credit in the amount of $12,000, rent owned, for the cost of the improvements. As she tried to gather all the information to justify the costs, she found it difficult to obtain all the necessary information and could not determine the accurate value of the improvements.
Thereupon, the Airport Advisory Board was recommending that the city attorney pursue collecting past due rent owed by the lessee as he deemed appropriate.
In discussion, it had been stated that Mr. Bill Rowden, owner of DenRow, Ltd. asked to be released from the lease.
Next, Commissioner Pettyjohn commented that it appeared to be a major task to pursue and suggested that the City proceed to give the release.
Accordingly, a motion was made by Vice Mayor Downing, seconded by Commission Pettyjohn, to release the lease between DenRow, Ltd. and the City.
Upon further discussion, Ms. Robin Rowden, co-owner, appeared before the Commission to state that DenRow, Ltd. did not intend to be released, they were not in default of the lease, and the city attorney and their attorney were working out the issues.
Contrary to Ms. Rowden’s statements, City Attorney John Canavan informed the Commission that he had been in contact with their attorney and he indicated that DenRow, Ltd. wanted to be released.
In view of the differing statements, the Commission concluded that that the attorneys would need to meet again to gather all the facts.
With a motion on the floor, Commissioner Pettyjohn withdrew his second to the motion, and the motion on the floor died for lack of a second.
Then, a motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, that the city attorney and the DenRow, Ltd. attorney gather all the facts about the DenRow, Ltd. lease and the city attorney give a report at the July 16th City Commission meeting. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Roach
NAY: Downing
AGENDA ITEM NO. 8: Consider resolutions approving renewal lease purchase agreements for the following equipment:
The following resolutions for renewal lease purchase agreements on equipment were read into record.
a. SmartNet Trunked Radio System Upgrade
Resolution No. 6119 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Inc., Schaumburg, Illinois.”
b. Incode Computer Software and Licenses
Resolution No. 6120 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.
c. Backhoe Loader (Serial #31024093)
Resolution No. 6121 entitled A” resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.
d. Backhoe Loader (Serial #31024482)
Resolution No. 6122 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.
e. Motor Grader
Resolution No. 6123 entitled “A resolution approving renewal of a certain lease agreement with Volvo Commercial Finance, LLC, The Americas.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the Title and Resolution Nos. 6119, 6120, 6121, 6122, and 6123. Motion carried.
AYE: Downing, Weaver, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution Nos. 6119-6123 duly passed and adopted.
AGENDA ITEM NO. 9: Presentation by Mike Southard concerning study of skateboard park.
Mr. Mike Southard, Community Development Director, gave a report on his findings regarding a “skatepark.”
He reported that he found skateboarding to be a very fast-growing sport that is escalating in popularity.
He stated that many Oklahoma communities have or are planning for skateparks. He named Oklahoma City, Tulsa, Edmond, Norman, Lawton, and Weatherford as some of the cities.
Mr. Southard described the three types of skateparks that included wood, steel, and concrete. He noted that wood was the cheapest and concrete was the most durable and feasible.
He stated that as to the costs, it can vary depending on how elaborate and the size can range from about 7,500 square feet to an acre.
In conclusion, Mr. Southard recommended that should the Commission pursue building a skatepark, they should consider hiring a design professional, include input from the skaters; check the city sites available, seek matching grants, and consider sponsorships.
In discussion, Commissioner Claybrook suggested that a comprehensive approach be taken to analyze the scope of all sporting activities when considering the regional park and he suggested forming a steering committee to study this concept.
City Manager Terry Powell added that the committee could consist of city staff members, Commission, league representative, and a consultant.
Commissioner Harrod had questioned if there was a significant interest in skateboarding and he urged the Commission and city staff to thoroughly examine the needs of all the city parks and proceed accordingly.
There were no other comments or actions taken.
AGENDA ITEM NO. 10: Consider Bids.
a. Independence Street Paving Project (award)
City Engineer John Krywicki reminded the Commission that the bid had been opened May 21st, and it could not be awarded until the contract between all the parties agreed, as approved in Agenda Item No. 6.
A motion was made by Commissioner Weaver, seconded by Commissioner Roach, to accept City Engineer John Krywicki’s recommendation to award the Independence Street Paving Project to Vantage Paving, Oklahoma City, Oklahoma, in the amount of $558,058.20 as the lowest and best bid. Motion carried.
AYE: Weaver, Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
b. Chemicals for Water Treatment (award)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept staff’s recommendation to award the bid for the alum-polymer blend at $0.093 per pound and chlorine (gas, ton cylinders) at $362.00 per ton be awarded to Altivia; and the bid for the sodium hydroxide (caustic soda) at $409.00 per dry ton and sodium silica (fluoride) at $0.34 per pound be awarded to HCI Advance Brenntag as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 11: 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. 12: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Ms. Peggy Hagar, tenant at Shawnee Municipal Airport, had questions about the permit regulations for flight schools.
Next, Braden Talley, 11 year old from Tecumseh, requested the Commission to consider the development of a skateboard park in Shawnee.
AGENDA ITEM NO. 14: Commissioners’ Comments.
Under Commissioners’ Comments, the following Commissioners spoke:
*Commissioner Weaver commented about 1) the speed limit signs on Federal Street at 40 mph was excessive. Staff member James Cole responded that signs would be replaced; 2) wanted to know the Commission’s role in addressing complaints from the citizens on Charter Communications cable television and would like a response by the next meeting; and 3) asked when the restrooms and parking would be built. Staff advised that the KidSpace committee was responsible for paving the parking lot.
*Commissioner Pettyjohn also had questions about 1) the Commission’s role with the cable company since he had received several calls from citizens about the cable TV and he would like to get this matter resolved.
City Manager Terry Powell responded that the cable company operates under a permit and he offered to have the city attorney look into this situation and mentioned the possibility of re-establishing the Cable TV Advisory Commission to review the permit; 2) requested city manager to check on city vehicles parking illegally on the west side of Broadway Street between the parking lot and the drive-by of City Hall.
*Commissioner Claybrook commented on 1) publicly commended Robert Rimer, Public Works Operations Superintendent, for his efforts over the last 2-1/2 years on the clean up of litter in this community and taking the initiative to work with the District Court to utilize the community service workers; 2) requested staff to urge ODOT to open Federal Street before the International Finals Youth Rodeo started next week.
AGENDA ITEM NO. 15: Adjournment.
There being no further business to come before the meeting, a motion
was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:25 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Roach, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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