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, June 16, 2003 at 7:00 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
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Helen Crain
New Beginnings 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. 11.
b. Minutes of the June 2, 2003 and June 5, 2003 meetings.
c. Budget amendments in Gifts & Contributions Fund, Library Fund and 2002 Home Grant Fund.
d. Transfers of Appropriations in General Fund, Shawnee Municipal Authority Fund, Capital Improvement Fund, Street Improvement Fund and Shawnee Airport Authority Fund.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through June, 2003
* Utility Division Report for the month of May, 2003
* Building Inspector Report for the month of May, 2003
* City Clerk Report for the month of May, 2003
* Warrant Officer activity report for the month of May, 2003
* Shawnee Community Center report for the month of May, 2003
* Shawnee Urban Renewal Authority minutes of the May 20, 2003 meeting.
* Sister Cities Council minutes from the May 13, 2003 meeting.
* Traffic & Transportation Commission minutes from the April 22, 2003 meeting.
* Planning Commission minutes from the April 16, 2003 meeting.
* Airport Advisory Board minutes from the April 9, 2003 meeting.
f. Acknowledge receipt of Pioneer Library System Budget for FY 2003-2004.
g. Acknowledge letter from Janice Rae Fowler expressing appreciation to Cpl. Bricen Mohr for his professionalism in assisting with a traffic accident.
h. Recommendations from the Traffic and Transportation Commission from the May 27, 2003 meeting:
(1) Request from board member Mark Larch-Miller to move Traffic and Transportation meetings to 5:30 p.m.
Recommendation: To approve request.
(2) Request from Kenneth Kiker of Shawnee Fabricators, 5 American Way, to install a speed limit sign on American Way.
Recommendation: To install 30 m.p.h. speed limit signs.
(3) Request from Jerry McCullar, 19 Orlando Court, to install a street light at the cul-de-sac on the west end of Orlando Court.
Recommendation: To deny request.
(4) Request to consider newspaper publication for a public hearing at the June 24, 2003 Traffic and Transportation Commission meeting to consider changing Beard Street and Market Street from one-way traffic to two-way traffic.
Recommendation: To approve request.
(5) Request from Nancy Landes of Arvest Bank, 201 N. Broadway, to add two handicap parking spaces, one on each side of Broadway Street entrance.
Recommendation: Approve one space, north of entrance.
(6) Consider request from Truman Carter, P.O. Box 1722, to change the flashes of the traffic light at I-40 and North Harrison Street.
Recommendation: To deny request.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the Consent Agenda (a-h), as presented. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation to Employee of the Month.
City Manager Terry Powell presented a plaque and gift certificate to Larry Barry, Operator II, Street Department, as the June employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 1008-B N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the operation of a liquor store. (Applicant: Leonard Cantrell)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone the property located at 1008-B North Harrison for use as a liquor store.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the hearing was closed.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2094NS was introduced and the title read aloud.
Ordinance No. 2094NS 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: Lots Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Eight (8), Dexters Second Addition to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof 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 Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2094NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 4: Consider approval of Oklahoma Alcoholic Beverage Laws Enforcement Commission Application for Leonard G. Cantrell, d/b/a Big L’s Wine & Spirits located at 1008-B N. Harrison.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve submitting to the Oklahoma Beverage Laws Enforcement Commission the application of Leonard G. Cantrell, d/b/a Big L’s Wine & Spirits retail liquor store located at 1008-B N. Harrison. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 3715 N. Bryan from A-1; Agricultural District to R-1; Single Family Residential District for use as a single family dwelling. (Applicants: Russell and Marsha Cook)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone the property located at 3715 N. Bryan for use as residential.
According to staff notes, the site was annexed into the city limits a few years ago to A-1 zoning. The property of approximately 1.5 acres is non-conforming. In order to add on to the structure, the property must be rezoned in order for it to be in conformance with the Comprehensive Plan.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the hearing was closed.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2095NS was introduced and the title read aloud.
Ordinance No. 2095NS 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: A tract of land described as beginning at the Northwest Corner of the Southwest Quarter (SW/4) of Section Four (4), Township Ten (10) North, Range Four (4) East of the Indian Meridian, Pottawatomie County, Oklahoma; Thence East 265.5 Feet, thence south 253 feet; thence West 265.5 feet; thence North 253 feet to the point of beginning; and rezoning said property from A-1, Agricultural District to R-1, Single Family Residential District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2095NS duly passed and adopted and effective 30 days from this date.
AGENDA ITEM NO. 6: Consider a request from Ron and Ruth Crews to release public nuisance liens on property located at 1222 N. Market. ($3,535.00)
Mr. Ron Crews, 1224 N. Market, appeared before the Commission to request approval to release the public nuisance liens on property located at 1222 N. Market in the amount of $3,535.00.
Mr. Crews, adjacent owner, informed the Commission that he had been mowing the property for several years and would like to purchase the property to maintain beautification of the neighborhood.
The staff report was given by Community Development Director Mike Southard noting that proper steps had been taken to demolish the burned out structure and the City’s contractor had mowed the property since then. The original owner was Mr. William Shannon Beck.
After a lengthy discussion, the city attorney advised that the original owner would have three years to pay and still be given the final offer to retain the property.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to deny the request from Mr. Ron Crews to waive the public nuisance lien on the 1222 N. Market property. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 7: Consider appeal of Ty Olinghouse regarding Administrative Hearing Officer’s decision to demolish property located at 721 N. Hobson.
Community Development Director Mike Southard gave the staff report showing pictures of the property. He noted that three public hearings had been held on this property and to no avail did the owner adhere to the previous orders; thereupon, it was ordered to have the structure razed and removed.
Mr. Ty Olinghouse was not present, but he sent a letter notifying that the property was going through a foreclosure and he requested to allow him three months to sell the property.
Commissioner Peterson advised that she was at the property and had spoken to prospect owners interested in the property. Also Commissioner Weaver also visited with the property neighbors and they verified that the property was on the market for two weeks.
A motion was made by Commissioner Peterson, seconded by Commissioner Weaver, to defer action to the next meeting of July 7, 2003, regarding the decision to demolish property located at 721 N. Hobson. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 8: Public hearing and submission of preliminary budget for the City of Shawnee for the period of July 1, 2003 through June 30, 2004.
Mayor Harden declared a public hearing open for the preliminary annual budget for the City of Shawnee for the period of July 1, 2003 through June 30, 2004.
There being no one to appear addressing the $35,857,859 budget as amended, the public hearing was closed.
Note in budget: FY 2003-2004 budget is smaller than the 2002-2003 budget (as amended) by $2,935,026. The Shawnee Municipal Authority and Shawnee Airport Authority budgets were included as part of the city budget.
AGENDA ITEM NO. 9: Consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2003 through June 30, 2004 finding all things requisite and necessary have been done in preparation and presentation of budget.
Resolution No. 6168 was introduced and the title read aloud.
Resolution No. 6168 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 2003 through June 30, 2004 finding all things requisite and necessary have been done in preparation and presentation of said budget.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6168 duly passed and adopted.
AGENDA ITEM NO. 10: Consider authorizing staff to negotiate with Horizon Engineering, Inc. for design services for airport improvement project.
Assistant Airport Manager Jerry Sharp reported that staff was requesting approval from the Commission to negotiate with an engineering firm to complete the existing airport needs improvement project.
The services of the engineering firm would get the Airport Layout Plan updated in accordance to the Federal Aviation Administration’s (FAA)
regulations.
Mr. Sharp added that there was approximately $28,000 grant monies available to assist with closing the improvement project.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to authorize staff to negotiate with Horizon Engineering, Inc. for design services for the Shawnee Regional Airport improvement project. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 11: Consider Bids.
a. Resurfacing of four tennis courts at Paul Duffield Tennis Complex (Award)
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to award the bid for resurfacing four tennis courts at Paul Duffield Tennis Complex to Merritt Tennis & Track Systems,
Oklahoma City, Oklahoma, in the amount of $12,795.00 as the lowest and best bid. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
b. Aggregate Materials (Award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to award the bid for aggregate materials to Dolese Brothers, Davis, Oklahoma for FY 2003-04 as the lowest and best bid. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
c. Hauling Aggregate Materials (Award)
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to award the bid for hauling aggregate materials to the Public Works Service Center to Doyle Roller, Shawnee, Oklahoma and to Shawnee Twin Lakes to Whiteman Trucking, Tecumseh, Oklahoma as the lowest and best bids as shown is the bid tabulations. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
d. Asphaltic Concrete Type A, B & C (Award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to award the bid for hot mix asphaltic concrete type A, B & C to APAC, Oklahoma City, Oklahoma for FY 2003-04 as the lowest and best bid; and approve purchasing hot mix asphalt from Haskell Lemons or T.J. Campbell companies when the material is unavailable at APAC. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
e. Rehab Concrete Streets (open)
Contract No. PW-02-06
BIDDER AMOUNT
APAC
Shawnee, OK $823,311.58
M. L. Young Construct., Inc.
Edmond, OK $688,200.00
Kraft-Reynolds Inc.
Oklahoma City, OK $416,850.00
Shell Construction Co., Inc.
Oklahoma City, OK $615,800.00
Still Construction Co., Inc.
Miami, OK $989,860.00
Engineer’s Estimate: $446,150.00
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to accept staff’s recommendation to defer all bids received for the rehab concrete streets to staff for review and recommendation at the next meeting. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
f. Rehab Asphalt Streets (open)
Contract No. COS-PW-02-07
APAC
Shawnee, OK $636,980.60
Vantage Paving, Inc.
Edmond, OK $611,469.00
TJ Campbell Construction Co.
Oklahoma City, OK $665,085.00
Engineer’s Estimate $634,270.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept staff’s recommendation to defer all bids received for the rehab asphalt streets to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 12: 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. 13: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 14: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Ms. Sherry Derks appeared before the Commission to express her disappointment in the behavior displayed on cable television by the Commission earlier in tonight’s meeting regarding public nuisance properties.
Commissioner Pettyjohn responded by stating that Ms. Derks did not have the full facts.
AGENDA ITEM NO. 15: Commissioners’ Comments.
There were no Commissioners’ Comments.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (8:10 p.m.)
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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