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, October 1, 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
Bob Downing Ward 5
Commissioner Ward 6-Vice Mayor Vacant
INVOCATION Todd Trice, Youth Director
Wesley United Methodist 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. 17.
b. Minutes of September 17, 2001 meeting
c. Acknowledge the following reports and minutes:
* General Fund Financial Statement as of August 31, 2001
* Shawnee Municipal Authority Financial Statement as of August 31, 2001.
* Shawnee Municipal Authority Analysis of Collections for month of August, 2001
* Shawnee Police Department report for the month of August, 2001
* Civic and Cultural Development Authority minutes of August 16, 2001 meeting
* Shawnee Urban Renewal Authority minutes of September 5, 2001 meeting
* Planning Commission minutes of September 5, 2001 meeting
* Sisters Cities Council minutes for July 24 and August 28, 2001 meetings
* Beautification Committee minutes of September 10, 2001 meeting
* Citizen Advisory Board minutes of May 2, 2001 meeting
* Traffic and Transportation Commission minutes of July 24, 2001 meeting
d. Acknowledge Annual Audit for fiscal year ending June 30, 2001 for Pioneer Library System.
e. Approve Resolution No. 6129 declaring support for our President and nation during this time of national crisis.
f. Approve Change Order No. 3 regarding Phase I Water Treatment Plant improvements.
g. Recommendations of the Traffic and Transportation Commission from the September 25, 2001 meeting:
1) Consider request from Mr. Stephen Scott, Superintendent of Grove School, 2800 N. Bryan, to place school zone lights on MacArthur and Bryan Streets.
Recommendation: To have police surveillance of the area from 7:30 – 8:30 a.m. and 2:30 – 3:30 p.m. for a period of time.
2) Consider request from Commissioner Weaver, 1802 E. 10th, to reverse stop signs at 10th Street and Roosevelt Street.
Recommendation: To deny the request.
3) Consider request from James Cole, to change the striping on Kickapoo from Independence to Federal from 4-lane to 3-lane striping. After completion of 3-lane striping, protected left turn movement added to traffic signs for north and south bound traffic at Kickapoo and Independence intersection.
Recommendation: To stripe Kickapoo Street for 3-lanes from Independence north to Federal with traffic signal modifications to allow protected left turn movement at Kickapoo and Independence.
4) Consider request from Mr. Jim Miller, Bell & 34th streets, to place “No Trucks Allowed” signs at Union and 34th streets.
Recommendation: To defer until further study is completed.
5) Consider request from Public Works staff to change city parking lots E (10th & Bell) and B (9th & Broadway) to “Free Parking – No Time Limit”.
Recommendation: To approve request
Commissioners Weaver and Claybrook had requests to consider separately Agenda Items 1.g(2) and g(5), respectively.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1, less g (2) and g(5). Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to defer consideration of the item g(2) pertaining to reversing stop signs at 10th Street and Roosevelt to the next meeting of October 15, 2001. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Commissioner Claybrook had questions about the status of the entire downtown parking situation.
Police Chief Hank Land responded by stating that the city staff was recommending to proceed with allowing free parking in parking lots E and B as a result of the meeting to commence enforcement next week.
He noted that further parking changes in the downtown area would be presented to the Commission at a later date.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to approve Traffic and Transportation Commission’s recommendation to change city parking lots E (10th and Bell) and B (9th and Broadway) to all day free parking. Motion carried.
AYE: Claybrook, Weaver, Downing, Pettyjohn, Harrod, Harden
NAY: None
At this time Mayor Harden announced that the Commission would deviate from the formal agenda to consider Agenda Item No. 3.
AGENDA ITEM NO. 3: Consider approval of the selection procedure for the appointment of the Ward 5 commissioner vacancy.
The Commission discussed the selection procedure presented to them in the agenda packet. They were basically in agreement with the procedure and added a change that noted that if there were a tie between two candidates, the appointed candidate would be determined by the flip of a coin.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve the selection procedure for the appointment of the Ward 5 Commissioner vacancy. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
The Commission now returned to the formal agenda.
AGENDA ITEM NO. 2: Consider and interview applicants for the Ward 5 vacancy:
The Commission interviewed each applicant in the order below. Each one was given the opportunity to state their reasons why they should be considered as the representative of Ward 5.
a. Todd Beesley, 1302 Thompson Dr.
b. Ray Belford, 16 Cedar Creek
c. Arnold T. Davis, 2 Navajo Circle
d. Kermit M. Milburn, 65 Granada
e. Linda Gallagher Peterson, 1115 Quail Hollow
Concluding the interviews, the Commission took action under the next item.
AGENDA ITEM NO. 4: Consider appointment of Commissioner for Ward 5 vacancy.
According to procedures, the City Clerk called upon the Commissioner by Ward and each named their first choice. Since the majority named Kermit Milburn, except Commissioner Pettyjohn whose selection was Linda Gallahger Peterson, the following motion was made.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to appoint Mr. Kermit M. Milburn as the Ward 5 Commissioner to be officially seated at the next meeting. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at the 3000 block of Northridge from A-1; Agricultural District to R-1; Single Family Residential District for use as a single family residential development. (Applicant: Bryant Builders)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at the 3000 block of Northridge for use as a single-family residential development.
It was noted the Planning Commission recommended approval of the request 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. 2023NS was introduced and the title read aloud.
Ordinance No. 2023NS 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: Lot Five (5) and the South Fifty-Four (54) feet of Lot Six (6), Elberta Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof, rezoning said property from A-1, Agricultural District to R-1, Single Family Residential District; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2023NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 506 S. Beard from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with a Conditional Use Permit for the sales and consumption of alcoholic beverages. (Applicant: David Peal)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 506 South Beard for use as restaurant and club for sales and consumption of alcoholic beverages.
It was noted the Planning Commission recommended denial of the request and formal protests of thirty-three percent (33%) were filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request.
Those appearing in opposition were Reverend Jimmy Don Gibson of Calvary Baptist Church and a representative from Trinity United Methodist Church. Mr. Todd Trice, Youth Director of Wesley United Methodist Church, voiced his concerns about the effects of alcoholism.
Mr. Bert Humphreys, property owner, appeared in favor of the rezoning stating that Mr. Peal, applicant, had complied with the City’s regulations.
There being no others to appear regarding the rezoning application, the public hearing was closed.
After due and careful consideration, a motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to accept the Planning Commission’s recommendation to deny the application for rezoning of 506 South Beard for a restaurant and club for alcohol sales and consumption. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Downing, Claybrook
NAY: None
Mayor Harden declared the application denied.
AGENDA ITEM NO. 7: Consider approval of a final plat of the Barton Industrial Park Addition. (Applicant: Arvest Bank)
In staff’s written report, the Planning Commission unanimously recommended approval of the final plat for the Barton Industrial Park Addition located north of State Highway 177 and east of Acme Road.
The plat consists of a single lot on approximately 40 acres. The property was annexed six months ago at the request of Coca-Cola and Arvest Bank.
It is a requirement of City Code that all developable lots front public streets unless the property is zoned as a planned unit development. The plat meets all subdivision regulations.
The Plat will dedicate right-of-way for both American Way and Eagle Drive.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the final plat of the Barton Industrial Park Addition as submitted by Arvest Bank. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 8: Consider approval of a preliminary plat of the Yahgnee Addition, 4800 Block of North Harrison. (Applicant: Howard Tommie Properties)
In staff’s written report, it was noted that the Planning Commission unanimously recommended approval of the preliminary plat of the Yahgnee Addition.
The property is approximately 68 acres with 120 developable lots. The property is a mixed use PUD and is proposed to cater to the trucking industry with the focal point being a truck stop on Harrison Street.
According to staff, the plat meets subdivision regulations.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the preliminary plat of Yahgnee
Addition, 4800 Block of North Harrison as submitted by Howard Tommie Properties. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 9: Consider authorizing staff to design the Bell Street streetscape project and enter into a service contract for special features as needed.
Community Development Director Mike Southard reported that city staff met with LandPlan Consulting and were unable to reach an agreement over costs to design the sidewalks, intersections, and landscaping along Bell Street. The consultant proposed that the project would take over 1,900 hours to complete at a cost in excess of $170,000.
Mr. Southard stated that he and City Engineer John Krywicki felt the sidewalk and intersection work could be done in-house and contract on an hourly basis for the special features in the project.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to authorize staff to design the Bell Street streetscape project and enter into a service contract for the special features in the project. Motion carried.
AYE: Pettyjohn, Weaver, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Authorize staff to begin preparing the TEA-21 grant application for the Bell Street streetscape project.
Community Development Director Mike Southard reported that the Transportation Enhancement Act of the Twenty-first Century (TEA-21) applications become due in January 2002.
He advised that the grants are set up in $300,000 increments with the municipality providing a 25% match.
The agenda notes further indicated that the project scope would include Bell Street from the Shawnee Municipal Auditorium to the Farmer’s Market.
Furthermore, to be within the grant guidelines staff will divide the project into two phases. If both grants are successful, then $1.1 million will be available for the streetscape project.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to authorize staff to begin preparing the TEA-21 grant application for the Bell Street streetscape project. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Claybrook
NAY: None
AGENDA ITEM NO. 11: Consider exercising option with BFI to provide compactor truck, hydraulic boom loader and employees to coincide with the Chamber of Commerce’s fall clean-up effort during the month of October, 2001.
Public Works Director James Cole noted that the City has been asked to participate in the Chamber of Commerce’s fifth annual fall clean-up effort. The City would need to exercise an option with BFI to provide equipment and employees to pick up large items.
He stated that it would cost approximately $l50 an hour per unit or around $9,600 for this effort.
Mr. Cole reported that a press release will be issued of when the clean up will occur, which will be on one Wednesday during October in each of the four quadrants of the City. See below the quadrants:
The dividing line is Broadway and Independence.
Wednesday, October 10 – north of Independence and east of Broadway
Wednesday, October 17 – north of Independence and west of Broadway
Wednesday, October 24 – south of Independence and west of Broadway
Wednesday, October 31 – south of Independence and east of Broadway
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve exercising the option with BFI to provide compactor truck, hydraulic boom loader, and employees to coincide with the Chamber of Commerce’s fall clean-up effort during the month of October. Motion carried.
AYE: Weaver, Harrod, Harden, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 12: Consider an ordinance amending the Defined Benefit Employee Retirement System of the City of Shawnee.
The following ordinance formally adopts the changes to the city’s employee retirement plan that was approved by the Commission at its last meeting.
Ordinance No. 2024NS was introduced and the title read aloud.
Ordinance No. 2024NS entitled “An ordinance amending the employee retirement system, Defined Benefit Plan for City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of City of Shawnee, Oklahoma; providing for purpose and organization; providing for definitions; providing for eligibility and participation; providing for employer and employee contributions; providing for accounting, allocation and valuation; providing benefits; providing for required notice; providing for amendments and termination; providing for transfer to and from other plans; creating a retirement committee and providing for powers, duties, and rights of retirement committee; providing for payment of certain obligations; providing for duration and payment of expenses; providing for effective date; providing for vesting schedule; providing for a fund to finance the system to be pooled with other incorporated cities, towns and their agencies and instrumentalities for purposes of administration, management, and investments as part of the Oklahoma Municipal Retirement Fund; providing for payment of all contributions under the system to the Treasurer of City of Shawnee, Oklahoma, and for transfer of such contributions and fund assets to the Oklahoma Municipal Retirement Fund for management and investment; providing for non-alienation of benefits and loss of benefits for cause; providing for repealer and severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver
NAY: Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 2024NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider an ordinance adopting the Defined Contribution Employee Retirement System of the City of Shawnee.
This ordinance formally approves the addition of a supplemental defined contribution retirement plan which was approved by the Commission at the last meeting.
Ordinance No. 2025NS was introduced and the title read aloud.
Ordinance No. 2025NS entitled “An ordinance adopting an employee retirement system, Defined Contribution Plan for City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of City of Shawnee, Oklahoma; providing for purpose and organization; providing for definitions; providing for eligibility and participation; providing for non-alienation of benefits; loss of benefits for cause and limitations of benefits; providing for employer and employee contributions; providing for accounting, allocation and valuations; providing benefits; providing for required notice; providing for amendments and termination; providing for transfer to and from other plans; creating a committee and providing for powers, duties and rights of retirement committee; providing for payment of certain obligations; providing for duration and payment of expenses; providing for effective date; providing for vesting schedules; providing for a fund to finance the system to be pooled with other incorporated cities, towns and their agencies and instrumentalities for purposes of administration, management, and investments part of the Oklahoma Municipal Retirement Fund; providing for payment of all contributions under the system to the Treasurer of City of Shawnee, Oklahoma, and for transfer of such contributions and fund assets to the Oklahoma Municipal Retirement Fund for management and investment; providing for repealer and severability; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Sections 1-7 be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 8, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook
NAY: Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 2025NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider a resolution authorizing the Plan Administrator of the Oklahoma Municipal Retirement Fund to pay monthly retirement benefits by direct deposit to the bank account of the retired employee.
This resolution will formally approve the plan administrator to authorize them to pay the retired employees benefits by direct deposit. The retired employee has the ultimate option of payment method.
Resolution No. 6130 was introduced and the title read aloud.
Resolution No. 6130 entitled “A resolution of City Commission of the City of Shawnee, Oklahoma, authorizing the Plan Administrator for the Oklahoma Municipal Retirement Fund to pay monthly retirement benefits of the retirement system of the City of Shawnee, through the automated clearing house for direct deposit into the bank or savings account of any pensioner of the retirement system, or to mail pension checks directly to a bank or savings institution as directed by the pensioner; authorizing the Mayor to enter into the enclosed authorization and indemnity agreement; and providing for repealer and severability.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion
Thereupon Mayor Harden declared Resolution No. 6130 duly passed and adopted.
AGENDA ITEM NO. 15: Consider designation of trick-or-treat night in the City of Shawnee.
Police Chief Hank Land reported that Mayor Harden requested a public line for the citizens to call in and vote for the night of their choice and he reported that out of 260 calls, the majority voted for Wednesday, October 31, 2001.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to designate Wednesday, October 31, as trick-or-treat night in the City of Shawnee. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 16: Consider approval of a mutual aid agreement between City and Pottawatomie County Sheriff’s Office and recommendation for cross-deputization. (Deferred from 9/17/01 meeting)
Mr. James Roberts, Director of Public Safety and Administration, advised that two separate agreements were required and they were not ready for this meeting, and he requested to defer this item to the next meeting.
A motion was made by Commissioner Weaver, seconded by Commissioner Claybrook, to defer action to the next meeting on the mutual aid and cross-deputization agreements with Pottawatomie County Sheriff’s
a. New Toilet Facility for City of Shawnee (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve staff’s recommendation to award the bid to construct a new toilet facility for the City of Shawnee at the Shawnee Twin Lakes No. 1 to Cactus Construction Company, Oklahoma City, Oklahoma, in the amount of $49,862.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Downing, Claybrook
NAY: None
The following bid was opened and read into record.
b. Repair of the Tile Roof System for the Santa Fe Depot Museum (open)
Bidder Amount
Crawford Roofing Co. $18,500.00
Pampa, Texas
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer action on the repair of the Tile Roof System for the Santa Fe Depot Museum to the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
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)
Under New Business, City Manager Terry Powell informed the Commission that a telephone call had been received this date from the Congressional subcommittee requesting that Don Lynch, Shawnee Emergency Management Director, testify before the subcommittee on matters relating to local communities preparedness in dealing with future terrorism events and how federal, state and local governments work together during crises such as terrorism acts.
City Manager Terry Powell relayed that Mr. Lynch was asked to testify based on his experience with the Alfred P. Murrah disaster when he was the Emergency Director for Oklahoma County during that time.
Mr. Powell requested the Commission’s approval to pay for Mr. Lynch’s expenses to Washington, D.C. to testify on Friday, October 4th.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the funding for Emergency Management Director Don Lynch to go to Washington D.C. to testify before the Congressional subcommittee. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 19: Administrative Reports.
Under Administrative Reports, Public Works Director James Cole informed the Commission that the City had received a notice from the Oklahoma Department of Environmental Quality stating that the City of Shawnee was in violation of quality standards.
Mr. Cole stated that this was not an emergency situation and the water was safe to drink. He advised that with the high usage in the months of July and August the turbidity or cloudiness in the water increased.
He handed out copies of the press release that will be mailed to all water customers for their information as a requirement of EPA regulations and also to notify them that the situation had been corrected and was being monitored.
AGENDA ITEM NO. 20: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 21: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Claybrook asked about the status on the transfer of funds from the Pottawatomie County Development Authority (PCDA) to the City’s treasury in relation to the unused funds from the Deer Creek Reservoir construction project which PCDA holds.
The city manager responded that staff was working with PCDA and possibly an item relating to the transfer of funds would be on the Shawnee Municipal Authority’s next meeting agenda.
Commissioner Pettyjohn commented that in his view the traffic situation has gotten worse and he requested the police chief to issue a memorandum stating how these issues would be addressed in the downtown area. Staff noted that a traffic study was being conducted in the downtown area.
Regarding the comments written in the column “Tri-County Speaks” in the Shawnee News-Star, Commissioner Pettyjohn suggested that the city respond to some of the subjects being written about since it was apparent that many citizens were not aware or misinformed on various issues. He referred to the complaints about the Harrison Street paving project which is not a City project but a State project.
The city engineer stated that the businesses on Harrison and Kickapoo street projects were notified by the State.
Commissioner Weaver asked about the status of Main Street east of Harrison. City Engineer John Krywicki responded that work was being done farther east and the contractors had been on the job everyday replacing curb and gutter and overlaying.
Commissioner Weaver requested staff to allow more time to discuss the issues on creeks and drainage problems prior to planning for next year’s budget; and he thanked BFI and staff for their cooperation in the solution to curbside trash pickup for large items.
AGENDA ITEM NO. 22: 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. (9:35 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Claybrook
NAY: None
________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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