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 7, 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 Robert McDoulett Trinity Baptist 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. 16.
b. Minutes of the June 16, 2003 meeting.
c. Budget Amendment in Capital Improvement Fund; 1999, 2001, 2002 CDBG Entitlement Grant Fund; 2002 Home Grant Fund.
d. Transfer of Appropriations in Capital Improvement Fund.
e. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes from the May 15, 2003 meeting
* Shawnee Urban Renewal Authority minutes from the June 3, 2003 meeting
* Planning Commission minutes from the June 4 and June 18, 2003 meetings
* Citizen’s Advisory minutes from the March 5, 2003 meeting.
* Traffic and Transportation Commission minutes from the May 27, 2003 meeting.
f. Approve John Stobbe’s reappointment to the Pioneer Library System Board of Trustees.
g. Approve Oklahoma Municipal Retirement Fund Application for lump sum distribution to Cecil James Driskill.
h. Acknowledge Workers’ Compensation settlement with Robert McCraw.
i. Authorize staff to apply for Street Enhancement Grant with Department of Transportation.
j. Acknowledge a resolution expressing appreciation to Johnny Moody (Police Department) for 25 years of loyal service to the City of Shawnee.
k. Approve renewal of contract with Accurate Laboratories for environmental testing and provide services for all three treatment plants and industrial pretreatment program for FY 2003-04.
l. Traffic and Transportation Recommendations from the June 24, 2003 meeting
1) Request from citizen to install a 4-way stop sign at Bryan Street and Independence Street.
Recommendation: To approve request.
2) Request from residents in Meadows Lane to install “Slow – Children at Play” signs for Meadows Lane and Market Street between Meadows Lane and Ken-Del Drive.
Recommendation: To deny request.
3) Request from Betty Rodgers, First Assembly of God, 1001 E. 11th Street, to install a church crosswalk sign.
Recommendation: To approve request.
Note: To be referred back to T&TC for further study.
4) Request from Oak Park Church of God, 11th & Pesotum streets, to install a crosswalk and signage.
Recommendation: To approve request
5) Request from Mrs. Melvin Wood, 4 Lancet Court, to remove parking from the north side of MacArthur between Kickapoo Street and Unity North Hospital.
Recommendation: To deny request.
6) Public hearing to consider changing Beard Street and Market Street to two-way traffic from their current one-way traffic patterns.
Recommendation: To make no changes from current one-way traffic pattern on Beard Street and Market Street.
m. Mayor’s Appointments:
Shawnee Library Board
Reappoint Gil Guptil to a 3-year term to expire 6/30/06
Reappoint Joyce Pipps to a 3-year term to expire 6/30/06
Tourism Advisory Committee
Appoint Faith Buss to a 3-year term to expire 6/30/06
Farmers Market Board
Appoint Bob Snelson to serve on the board
Before voting on the consent agenda, Commissioners Claybrook and Peterson requested pulling Consent Agenda l (l) and l(5) for separate consideration.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 a-m, less l(1) and l(5). Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
Under l(1), a discussion was held regarding the necessity of a 4-way stop sign at Bryan and Independence Streets. There being no motion or second made, the recommendation from the Traffic and Transportation Commission to approve the request was upheld.
Under l(5), upon hearing a brief report from City Manager Terry Powell about the future road project, motion was made by Commissioner Peterson, seconded by Commissioner Weaver, to uphold the Traffic and Transportation Commission’s recommendation to deny the request to remove parking from the north side of MacArthur between Kickapoo Street and Unity North Hospital. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Public hearing and presentation of proposed Shawnee Downtown Revitalization Project Plan regarding TIF District.
Mayor Harden declared a public hearing in session to consider the proposed Shawnee Downtown Revitalization Project Plan regarding the Tax Increment Financing (TIF) District.
The proposed TIF District is bounded from 7th Street on the south, Beard Street on the west, Highland Street on the north, and Philadelphia on the east.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the proposed downtown revitalization plan.
Ms. Theresa Cody owner of Crafters Show Place and Uncommon Threads Embroidery Company at 115 East Main, expressed her opinion that TIF district should include all of Main Street and she challenged the boundaries of the district.
Next, Ms. Kristina Chastain, Director of Downtown Shawnee, appeared in support of the location of the TIF District.
There being no others to appear, the public hearing was closed and staff was called upon to give a report.
Community Development Director Mike Southard gave the staff report and explained that the TIF Steering Committee and the Planning Commission had unanimously voted to recommend approval of the TIF District.
The District is intended as an economic development tool to revitalize the downtown district. Over the life of the district, $2.5 million could be generated which would allow the City to complete the Bell Street and Main Street streetscape unless additional funds are made available.
From Ms. Cody’s comments, Commissioner Harrod and Commissioner Weaver, also had questions about how the boundaries were determined.
Ms. Leslie Batchelor, attorney with the Center for Economic Development Law, who assisted the Steering Committee with the proposal process, explained that the TIF district was built on the Hyatt-Palma study conducted for the City and that it would be a tool to generate an investment for the retail businesses in the downtown area.
She noted that if the Commission wished to change the boundaries, it possibly would require a two-thirds (2/3) vote, if that was desired, but she would do further checking.
Giving further explanation was Mr. Marion McMillian, BancFirst President, who also assisted the Steering Committee was present to respond to questions about the boundaries.
Mr. McMillian explained that the committee gave serious consideration to the area that was chosen. In the decision-making process, the committee planned that district to include and benefit representatives in the county, such as the schools and other entities that may forgo property tax revenues during the life of the project. Also governments that benefit from ad valorem taxes would continue to receive that tax as well as getting additional taxes created by new investments would go to improve the infrastructure in the TIF district.
Discussion concluded and the formal announcement of the second hearing was presented in the next agenda item.
AGENDA ITEM NO. 3: Announcement of July 21, 2003 as the date of the second public hearing and presentation of the Shawnee Downtown Revitalization Proposed Project Plan at which any interested persons shall have the opportunity to be heard in support or opposition of the Plan prior to any Commission action with regard to adoption of the proposed Plan.
It was announced that July 21, 2003 would be the date of the second public hearing and presentation of the Shawnee Downtown Revitalization Proposed Project Plan and any interested persons could have the opportunity to be heard in support or opposition to the plan prior to any Commission action with regard to adoption of the proposed plan.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at the southeast corner of Bradley and Center streets from R-1; Single Family Residential District to PUD; Planned Unit Development for use as a residential development. (Applicant: R.W. Burnley on behalf of Jeff & Doty Case and BancFirst)
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to defer this item until the Planning Commission
makes a recommendation. Motion carried.
AYE: Claybrook, Peterson, Downing, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 1000 N. Kickapoo Street from R-1; Single Family Residential District
to C-3; Automotive and Commercial Recreation District for use as a day care center. (Applicant: Robert Woodmore on behalf of Micheline Allard)
Mayor Harden declared a public hearing in session to consider rezoning property located at 1000 North Kickapoo Street for use as a day care center.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public 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. 2096NS was introduced and the title read aloud.
Ordinance No. 2096NS 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 Eighty-Six (86), Eighty-Seven (87) and Eighty-Eight (88), Block Seven (7), Jefferson Terrace Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said
property from R-1, Single Family Residential District to C-3, Automotive and Commercial Recreation District; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Pettyjohn, Harden
NAY: None
ABSTAIN: Claybrook (spouse involved as real estate agent in selling of property)
Thereupon Mayor Harden declared Ordinance No. 2096NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider lease agreement with Charles and Julie Akerman regarding property located at Shawnee Twin Lake No. 1.
Community Development Director Mike Southard reported that at a previous meeting, the Commission directed staff to work with Mr. Akerman, who requested access to the lake, to develop a lease for property adjacent to his fee simple property near Shawnee Twin Lakes.
Mr. Southard advised that the lease would prohibit all construction with the exception of accessory structures.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to approve a lease agreement with Charles and Julie Akerman regarding property located at Shawnee Twin Lake No. 1 in the
amount of $200.00 per year. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 7: Consider location of Shawnee Regional Park. (Deferred from 6/2/03 meeting)
Community Development Director Mike Southard presented the Commission with findings for the proposed regional park/sports complex that had been requested by the Commission at the June 2nd meeting.
He stated that several location options that included purchasing land estimated between $400,000 and $900,000 and leasing school-owned land for up to $36,000 per year had been reviewed.
After weighing all the options, staff recommended that the airport property or lease School Land Commission property sites would be most feasible.
The Commission discussed the options presented and most were in favor of staying with the airport site; except Commissioner Harrod who felt it would not be accessible to the public.
Continuing discussion about the pros and cons of the airport site and its future impact on the community, the discussion concluded with the following motion.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve the city-owned north airport property located at Kickapoo and Hazel Del Road as the site for the Shawnee Regional Park/Sports Complex. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harden, Weaver, Peterson
NAY: Harrod
In conjunction with this item, the contract with the engineering firm had been deferred from the June 2nd meeting for 30 days to allow staff to conduct further study on the regional park location.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to approve entering into a contract with Cardinal Engineering, Inc. for final engineering design services for Regional Park Phase I. Motion carried.
AYE: Claybrook, Weaver, Peterson, Downing, Pettyjohn, Harden
NAY: Harrod
AGENDA ITEM NO. 8: Consider appeal of Ty Olinghouse regarding Administrative Hearing Officer’s decision to demolish property located at 721 N. Hobson. (Deferred from 6/16/03)
The Commission deferred the action on the decision to demolish property located at 721 N. Hobson to this meeting in order to determine whether the property would be sold and refurbished to code.
Community Development Director Mike Southard, as the Administrative Hearing Officer, remained with his recommendation that the house be razed and removed.
Mr. Ty Olinghouse, the owner, was present to appeal to the Commission to grant more time since the property was in foreclosure and he had received two offers and was waiting on a third offer for sale of property.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to grant Mr. Olinghouse a ninety (90) day extension and authorized staff to proceed at the end of the 90 days to complete this matter without the need to appear before the City Commission. Motion
AGENDA ITEM NO. 9: Discuss and consider authorizing city attorney to file small claims proceedings on public nuisance property owners.
According to staff, the City pays to clean up properties all over town when it is in the public interest. The property owners are billed, but seldom reimburse the city for its expenses.
Staff recommends that when an individual has the financial ability to pay, the city can pursue the owner personally for reimbursement.
Staff would like to start a process to try to recoup these expenses.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to authorize the City Attorney to file small claims proceedings on public nuisance property owners to recover the City’s expenses. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 10: Acknowledge and confirm a resolution recommending an amendment to the trust indenture of the Shawnee Civic and Cultural Development Authority regarding increasing the number of Trustees to nine.
The Shawnee Civic and Cultural Development Authority Resolution was introduced and the title read aloud.
Shawnee Civic and Cultural Development Authority Resolution entitled “A resolution recommending an amendment to Trust Indenture amending the Trust Indenture creating the Shawnee Civic and Cultural Development Authority.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve the Civic and Cultural Development Authority Resolution increasing the number of trustees to nine. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared the Resolution passed and approved.
AGENDA ITEM NO. 11: Consider approval of engineering services contract with Horizon Engineering for updating Shawnee Regional Airport Layout Plan.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to approve the engineering contract with Horizon Engineering for updating Shawnee Regional Airport Layout Plan. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 12: Consider airport lease agreement with Custom Rock & Stone, Inc. for property located at 706 W. Independence.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing to approve the Airport Advisory Board’s recommendation to enter into a lease agreement with Custom Rock & Stone, Inc. for property located at 706 West Independence for the amount of $300.00 per month for twelve months and after the twelve months, a new lease rate will be negotiated at the fair market value. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 13: Consider an ordinance prohibiting dogs and other animals from the picnic areas and parks at Shawnee Twin Lakes except to retrieve waterfowl during hunting season.
Police Chief Hand Land advised the Commission that the patrolling officers at the lake reported that there were health issues regarding dogs in the swimming and picnic areas.
Ordinance No. 2097NS was introduced and the title read aloud.
Ordinance No. 2097NS entitled “An ordinance prohibiting dogs and other animals from the picnic areas and parks contiguous to the Shawnee Twin Lakes; amending Section 16-86(9) Division 3, Article II, Chapter 16 of the Code of the City of Shawnee; prohibiting dogs or other animals from the parks and picnic areas contiguous to the Shawnee Twin Lakes; providing for severability and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Title and Sections 1 and 2 be approved.
Motion carried.
AYE: Pettyjohn, Weaver, Downing, Claybrook, Harrod, Harden, Peterson
NAY: None
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Peterson, Downing, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2097NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider waiver of vendor permit fee by Thunderbolt Entertainment on behalf of America’s Challenge Foundation.
City Manager Terry Powell gave the staff report recommending denial of waiving the vendor permit fee for Thunderbolt Entertainment.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to deny the request of Thunderbolt Entertainment to waive the vendor permit fee of $7.50 for July 19, 2003 fundraising event. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 15: Consider an agreement with VideoDANS for telecasting services.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the agreement with VideoDANS, a sole proprietorship of Daniel Shaughnessy, for telecasting the City Commission
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to accept staff’s recommendation to award the bid for Rehab Concrete Streets to Krapff-Reynolds Inc., Oklahoma City, Oklahoma, in the amount of $416,850.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
b. Rehab Asphalt Streets (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept staff’s recommendation to award the bid for Rehab Asphalt Streets to Vantage Paving, Inc., Edmond, Oklahoma, in the amount of $611,469.00 as the lowest and best bid. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
The following bids were read into record:
c. Union Street Waterline Relocation (open)
(Cammack to Federal)
BIDDER AMOUNT
McKee Utility Contractors, Inc. $88,400.00
Prague, OK
Terra-Tech, LLC $68,250.00
Oklahoma City, OK
Krapff-Reynolds Construction Co. $121,180.00
Oklahoma City, OK
Christian Construction Co. $132,005.00
Purcell, OK
Central Contracting Services, Inc. $104,220.00
Oklahoma City, OK
Engineer’s Estimate: $93,690.00
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to defer all bids received for the Union Street waterline relocation to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
d. Chemicals for Water Treatment (open)
Alum-Polymer Blend Chlorine Sodium Hydroxide Salt
Chemical (Cationic Polymer Coagulant) (gas, ton cylinders) (Caustic Soda) (Food Grade Bulk)
Vendor per dry ton per ton per dry ton per ton
Southwest Chemical Services $159.00 No Bid $297.00 * No Bid
Bigler Trading Company No Bid No Bid $380.00 No Bid
Brenntag Southwest $204.00 $405.00 $322.00 $105.00**
Univar No Bid No Bid $294.00 No Bid
Harcos Chemicals No Bid No Bid $262.00 No Bid
Kemiron $0.15 per pound No Bid No Bid No Bid
Altivia $352.00 $422.00 $394.00 No Bid
ONDEO Nalco Company $339.00 No Bid No Bid No Bid
Industrial Compounding $134.00 No Bid No Bid No Bid
* Price guaranteed for only 90 days
** Price quoted was for sodium fluorosilicate - not salt
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to defer all bids received for the chemicals for water treatment to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 17: 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. 18: Administrative Reports.
Under Administrative Reports, City Treasurer/Finance Director Terry Compton gave an update on the cell phone collections and he advised that one-third of the $17,000 outstanding bills had been collected.
AGENDA ITEM NO. 19: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Ms. Bradie Winrow, former city commissioner, thanked the City for the sign at Dunbar and Union and also wanted the Commission to know she was appreciative for the city demolishing an old house in her neighborhood.
AGENDA ITEM NO. 20: Commissioners Comments.
Under Commissioners Comments, the following requests were made:
*Commissioner Harrod requested staff to check on enhancing stop sign on access road between Kickapoo and Harrison on the north side of I-40 the traffic is not stopping.
*Mayor Harden requested staff to check on possible parking violation of semi-trailer parked in front of residence on Center Street.
*Commissioner Weaver received complaint from citizen about semi-trucks using Acme Road and 45th Street causing roads to deteriorate. He asked staff to check if there is a weight limit sign posted.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:23 p.m.)
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
__________________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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