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, April 19, 1999 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend David Clewell
St. Paul’s United Methodist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of April 5, 1999 meeting
b. Transfer of Appropriation in Shawnee Municipal Authority
c. Budget Amendment in Capital Improvement Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of March 31, 1999
* City Clerk Report for the month of March 1999
* Building Inspector Report for the month of March 1999
* Shawnee Police Report for the month of March 1999
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of April 1999
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of March 1999
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of March 1999
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of March 1999
* Utility Division Report for the month of March 1999
* Municipal Court Report for the month of March 1999 and Quarterly Report for January through March 1999
* Shawnee Community Center Report for the month of March 1999 and Quarterly Report for January through March 1999
* Shawnee Public Library Board minutes of March 9, 1999 meeting
* Planning Commission minutes of April 7, 1999 meeting
* Shawnee Urban Renewal Authority minutes of March 16, 1999 meeting
* Sister Cities Council minutes of March 9, 1999 meeting
* Y2K Committee notes of April 1, 1999 meeting
e. Lakesite Lease Transfer:
Lot 7, Damron Tract
Fr: Barney Welch To: Allen & Dorothy McKean
7620 North Council Road 3829 NW 44th
Oklahoma City, OK Oklahoma City, OK
f. Authorize staff to advertise for bids on Union Street Paving Project from MacArthur to Federal.
g. Approve out-of-state travel for Personnel Director Allen Benelli to attend the Society for Human Resource Management (SHRM) on May 6 & 7, 1999 in Phoenix, Arizona.
h. Authorize staff to advertise for bids for auditing services.
i. Authorize staff to advertise for bids on fuel services.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-i), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Introduction of the Shawnee Sister Cities Council delegation for the exchange trip to Nikaho, Japan in July/August 1999.
Ms. Mary Chancellor, 1999 Sister Cities Council Chairman, introduced the Sister City delegation selected for this year’s Nikaho, Japan exchange trip.
STUDENTS
Makenzie Andrews, 8th grade, Shawnee Middle School (SMS)
Robert Antosh, 8th grade, SMS
Nicole Davis, 7th grade, SMS
Adam Hatch, 8th grade, SMS
Amber Hawkins, 8th grade, SMS
LaTasha Hinex, 8th grade, SMS
Heather Hopkins, 8th grade, SMS
Brandi McLaughlin, 8th grade Grove School
Crystal Walk, 8th grade, SMS
Paul Wright, 8th grade, SMS
PROFESSIONAL/TEACHER STAFF
Ms. Billye Sue Hatch, Director of Human Resources, Shawnee Public Schools
Ms. Sharon Davis, English Teacher, Shawnee High School, 9th Grade
AGENDA ITEM NO. 3: Public hearing and consider an ordinance for a conditional use permit on property located at 1945 North Kickapoo from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with a conditional use permit to sell beer to be consumed on premises. (Applicant: Midwest Restaurants, Inc. for Goldie’s Patio Grill).
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 1945 North Kickapoo to sell beer to be consumed on premises.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Mr. Haskell Bass, Manager of Goldie’s Patio Grill, appeared on behalf of Goldie’s Patio Grill. There were no other persons to appear and Mayor Harden declared the public hearing closed.
After due and careful consideration, Ordinance No. 1929NS was introduced and the title read aloud.
Ordinance No. 1929NS 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 Twenty-Five (25), Twenty-Six (26), Twenty-Seven (27), Twenty-Eight (28), Twenty-Nine (29), Thirty (30), Block Seventeen (17), Vermillion Heights Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; granting permissive use application for said property to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; 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, Gillham, Harden, Winrow
NAY: Young
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Downing, Roach, Harden
NAY: Claybrook, Gillham, Young, Winrow
Thereupon Mayor Harden declared Ordinance No. 1929NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 4: Public hearing and consider the Shawnee Twin Lakes Master Plan for Shawnee Twin Lakes No. 1 and 2. (Applicant: City of Shawnee) (Deferred from 4/5/99 meeting).
Mayor Harden declared a public hearing in session to consider the Shawnee Twin Lakes Master Plan for Shawnee Twin Lakes No. 1 and 2.
It was noted the Planning Commission and staff recommended approval of the Master Plan. The staff report noted that city staff and Triad Design Group, the City’s consultant that prepared the Master Plan, had conducted two lake area meetings to obtain input from the citizens. The city staff had also met with the Lake Committee and finalized the Plan into what would be a guideline for the future development of the twin lakes as a recreational and residential area.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the Master Plan.
First to appear was Ms. Denese Monroe, 32406 Pecan Grove Road, resident adjacent to Shawnee Lake No. 2, who read a statement listing her concerns regarding the improvements to Lake No. 2 that included safety and security; increased traffic on poor condition roads; and the wildlife game reserve would be affected.
Next, Mr. T. W. Garrison, 16409 Highway 102, presented a petition signed by 102 people that supported the Master Plan but asked that the two privately owned sites designated for commercial use located at Lake Road and State Highway 102 (A & B) be removed from the Plan since these sites are not vital to the implementation of the Plan.
Other persons who appeared in opposition of the two lots were Ms. Joan Carlile, who also read a letter from Mr. Mark and Sheryl Woolverton, and Mr. Charles Davis.
Next to appear was Mr. & Mrs. Gerald Nowlin, Lake Road property owners, asking the Commission to approve the plan with the two lots earmarked for commercial use. The Nowlins stated it was still their desire to have the properties zoned commercial for an RV park, but not necessarily limited to an RV park; wherein Ms. Nowlin mentioned that the property could be used for boat storage, a convenience store; and multiple things that would enhance the lake area and not devaluate it. As a note, the City Commission rejected their application three years ago for an recreational vehicle park.
There being no others to appear Mayor Harden declared the public hearing closed.
The Commission then discussed and voiced their opinions about the Master Plan.
Commissioner Claybrook had many questions and concerns about the Plan that included the opening of the Wes Watkins Deer Creek Reservoir and if the fees collected there were not sufficient to pay for the cost of the reservoir then it could place a financial burden on the City to pay the difference. Other concerns he voiced was the controlling of the lake and the problems the City has today; he was not in favor of a golf course due to water pollution with use of herbicides on the golf course; and concerns for increased traffic accidents at Lake Road and Highway 102.
Commissioner Roach spoke in favor of the Plan and stated that this Plan was the first step toward a more controlled area in the future.
Although Commissioner Gillham was in favor of the overall plan, he voiced concerns about added usage of the lake and the safety factors regarding traffic hazards at Highway 102; and he thought there was no immediate priorities to be met.
Concluding the discussion, Mayor Harden emphasized that this was a Plan for the future.
After discussion, a motion was made by Commissioner Gillham, seconded by Commissioner Roach, to approve the Shawnee Twin Lakes Master Plan for Land Use and Conceptual Development and excluding the two sites A & B located at Lake Road and State Highway 102 designated for commercial use. Motion carried.
AYE: Gillham, Roach, Downing, Harden, Winrow
NAY: Claybrook, Young
AGENDA ITEM NO. 5: Consider request from Dixie Restaurants, Inc. dba The Delta Café to reconsider the emergency clause in Ordinance No. 1926NS to sell beer and alcohol at 4734 North Kickapoo.
Mr. Allen Roberts, owner of The Delta Café, appeared before the Commission to ask for passage of the emergency clause to allow Delta Café to sell 3.2 beer and wine immediately without the 30-day delay. The emergency clause had failed at the previous meeting of April 5, 1999.
Mr. Roberts stated that The Delta Café’s grand opening would be on April 20th and he was requesting the Commission to reconsider its decision.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to reconsider the emergency clause which would make the ordinance effective immediately allowing the beer and wine sales. Motion failed.
AYE: Roach, Downing, Gillham, Harden
NAY: Claybrook, Young, Winrow
AGENDA ITEM NO. 6: Consider an ordinance amending the areas in the City where motor driven vehicles defined in Section 16-17 of the Code are prohibited from operation.
The ordinance title was introduced and the read aloud.
“An ordinance relating to prohibiting the operation of motor-driven vehicles in certain areas in the city limits of the City of Shawnee; amending Section 16-17(a), Article I, Chapter 16 of the Code of the City of Shawnee, Oklahoma; adding “any city property” to the list of areas that self-propelled, motor-driven vehicles described in this section are prohibited from driving upon; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to approve the ordinance. Before the vote was taken, Police Chief Hank Land gave the staff report.
Mr. Land informed the Commission that the ordinance was being requested by the Police Department to clarify and strengthen the existing ordinance regarding motorized vehicles. He advised that four-wheelers on the north side of Twin Lake Number 2 was creating an erosion problem on the shore line and immediate enforcement was requested.
Next, Mr. Craig Monroe, 32406 Pecan Grove Road, resident next to the lake property, appeared before the Commission to state that the Police Chief was referring to his son who rides a four-wheeler in the area. Mr. Monroe also requested that other vehicles such as four-wheel pickups also be banned from the area.
After further discussion and concerns for those hunters who would need access to the duck blinds during hunting season, City Attorney John Canavan advised that changes would need to be made to the proposed ordinance.
Thereupon, the motion and second on the floor were withdrawn and a motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to refer this item to the May 3, 1999 meeting to incorporate the requested changes. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 7: Consider an ordinance amending Ordinance No. 1788NS describing purchasing procedures for the City of Shawnee.
Mr. Jim Wilsie, Director of Budget and Finance, advised the Commission that amendments to the ordinance would bring the purchasing policies and procedures in compliance with the new procedures.
Ordinance No. 1930NS was introduced and the title read aloud.
Ordinance No. 1930NS entitled “An ordinance amending Ordinance No. 1788NS relating to municipal purchasing procedures and cash disbursements; amending Sections 2-178 and 2-181 of Article V, Chapter 2, of the Code of the City of Shawnee, Oklahoma; providing for processing methods and internal controls over municipal purchases and cash disbursements; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1930NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider adopting a City Manager policy regarding purchasing procedures for the City of Shawnee.
Action was taken under Agenda Item No. 7.
AGENDA ITEM NO. 9: Discuss and consider a Commissioners’ retreat to set goals and objectives for policymaking. (Deferred from 4/5/99 meeting)
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to defer this item indefinitely.
Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 10: Consider establishing a policy concerning the timely service of warrants issued by the Municipal Court.
City Manager Terry Powell informed the Commission that Commissioner Claybrook had concerns about the need to expedite the backlog of warrants. Mr. Powell informed the Commission that staff would need more time to work with the Municipal Judge to establish a policy. He then called upon Mr. Land to give an update to the current amnesty program that went into effect issued by Muncipal Judge Robert H. Jones.
Mr. Land stated that for the first time starting this date an amnesty program went into effect in an effort to collect on outstanding arrest warrants. He advised that the City was offering a half-price sale for anyone who voluntarily showed up at the Court Clerk’s Office to pay for his or her fine. Those who do not pay by the close of business on April 29, 1999 will be included in a “sweep” to arrest.
The Police Chief mentioned that warrants were being served everyday and the City does work with the County by checking the warrant lists and the officers serve the warrants if they encounter the offenders, but he explained that there was not a regular system in place.
In the Muncipal Court’s quarterly report ending March 31, 1999, it showed there were 4,121 outstanding warrants of which more than 2,000 of those warrants were issued in 1996 or earlier.
It was Commission’s consensus that staff be allowed time to establish a policy by working with the Municipal Judge and staff to develop a policy to eliminate the backlog of warrants.
AGENDA ITEM NO. 11: Confirm City Manager’s appointment of a Community Development Director.
City Manager Terry Powell informed the Commission that there were sixteen applicants for the Community Development Director’s position and four were interviewed.
He advised that the interview panel consisted of himself, Personnel Director Allen Benelli, and Planning Consultant Bill Colclasure, recently retired from the position of Community Development Director for the City of Shawnee.
Mr. Powell advised that it was his recommendation that Mr. Michael Southard, current Planning Director for the City of Muskogee, be confirmed as the next Community Development Director, and that he begin employment on May 1, 1999. He stated that Mr. Southard had impressive credentials that would fill the needs of the City.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to confirm the City Manager’s appointment of Mr. Michael Southard, as the Community Development Director effective May 1, 1999. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 12: Consider awarding bid on the Street Sweeping and Cleaning Proposal.
Mr. James Cole, Public Works Director, presented a cost comparison between the CPI proposal and in-house for street sweeping. He advised that there were three main factors that staff concluded that the street sweeping should be contracted out. Those conclusions included that (1) a new sweeper would need to be purchased every three years to maintain the present level of service; (2) requires one additional full-time equivalent to operate the sweeper and one-fourth time equivalent mechanic; and (3) the estimated cost of equipment is $108,000 with the cost amortized over three years. It was staff’s recommendation that the Street Sweeping and Cleaning Contract be awarded to CPI in the amount of $98,538.44 as the lowest and best bid.
Mr. David Parker with CPI appeared and addressed the Commission regarding the services offered and he noted that CPI has contracts with the Oklahoma Department of Transportation and the State Turnpike Authority. He emphasized that maintenance of the equipment was very important and the company had mechanics that were well qualified to maintain the complex equipment.
A motion was made by Commissioner Roach, seconded by Commissioner Winrow, to accept staff’s recommendation to award the Street Sweeping and Cleaning contract to C-P Integrated Services, Inc., Oklahoma City, Oklahoma, in the amount of $98,538.44 for the first year as the lowest and best bid. Motion carried.
AYE: Roach, Winrow, Downing, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, residents that included Dorothy Cox, Bill Gibson, and Martha Hollis, appeared to voice their concerns about the garage sale ordinance and addressed the number of signs they feel they should be allowed.
The staff will check into the costs of printing garage sale signs and the ordinance will be presented at the next meeting.
AGENDA ITEM NO. 14: Consider an Executive Session for the purpose of receiving and discussing a report by Counsel on all pending litigation pursuant to 25 O.S. Section 307(B)(4).
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Commission go into Executive Session for the purpose of receiving and discussing a report by Counsel on all pending litigation pursuant to 25 O.S. Section 307(B)(4). Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow, Roach
NAY: None
COMMISSION NOW IN EXECUTIVE SESSION AT 9:41 P.M.
COMMISSION NOW RECONVENED AT 10:29 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 15: Consider action concerning matters discussed in Executive Session regarding all pending litigation.
Mayor Harden announced that there was no action to be taken.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 17: New Business.
Under New Business, Commissioner Roach requested staff to check into the feasibility of constructing a sidewalk along Bryan Street south of Independence, MacArthur to Highland, or all the way on Bryan for future consideration.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (10:31 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
___________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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