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, February 1, 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 Bob Searl
University Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of January 19, 1999 meeting
b. Budget Amendment in 1998 Home Grant Fund
c. Acknowledge the following report and minutes:
* Shawnee Police Report for the month of December 1998
* Civic and Cultural Development Authority minutes of December 17, 1998 meeting
* Shawnee Urban Renewal Authority minutes of January 5, 1999 meeting
* Sister Cities Council minutes of December 16, 1998 meeting
d. Lakesite Leases
Renewals
Lot 12, Magnino A Tract Lot 5, Roewe Tract
Larry L. Mitchell Gerhard Pfaff
92 Magnino Road 116 Spruce Avenue
Shawnee, OK Yukon, OK
Transfer
Lot 1, South School Tract
Fr: Thedis Marlene Richmond To: John Alan Ferencich
1430 N Christine Drive 12801 SE 104
Midwest City, OK Oklahoma City, OK
e. Mayor’s Appointments:
BUILDING CODE BOARD OF APPEALS
Appoint Mr. James Gawf to replace Mr. Otis A. Clark for a five year term to expire 11/17/02
Appoint Mr. Greg Rodgers to replace Mr. Warren C. VanAntwerp for a five year term to expire 11/17/03
f. Authorize staff to advertise for bids to resurface the tennis courts at Boy Scout Park.
g. Authorize staff to advertise for bids on one or more police cars.
h. Authorize staff to advertise for bids on “Rehab Asphalt Streets Project” and “Rehab Concrete Streets Paving Project.”
i. Approve Oklahoma Municipal Retirement Fund application for retirement pension with lump sum payment for William Colclasure.
A motion was made by Commissioner Young, seconded by Commissioner Roach, that Consent Agenda Item No. 1 (a-i), inclusive, be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
“Community Heroes Day”
February 5, 1999
(accepted by Jim Abbott, St. Gregory’s University)
AGENDA ITEM NO. 3: Presentation on upcoming sales tax election by City Manager Terry Powell.
Before City Manager Terry Powell gave his presentation on the third penny sales tax election, he called upon Mr. Ken King, President of the local Fraternal Order of Police, to give a statement on behalf of public safety.
Mr. King presented a flyer to the Commission, that had information about the third penny sales tax, urging citizens to vote in support of the sales tax that would permanently support the public safety with one-eighth funding. The flyer listed the Shawnee Police Association and the Shawnee Firefighters Association as supporters of the tax.
He advised the Commission that flyers would be handed out to the citizens and also the police and fire employees would be contacting the citizens by telephone urging their vote in support of the sales tax.
Next, City Manager Terry Powell proceeded with a 20-minute presentation on the third penny sales tax election to be held on March 2, 1999.
The following is a summary of the key points Mr. Powell covered:
WHY YOU SHOULD VOTE TO CONTINUE THE THIRD PENNY SALES TAX PERMANENTLY
We have a proven record of performance
*There is a permanent need for the tax (sewer, water, streets, parks, police and fire)
-other funding sources have declined
-bonds can be issued for a longer period
-funding needs for Police and Fire are permanent
-2/3rds of cities the size of Shawnee have more funding
48% of sales tax collected from non-residents
Can be taken back to the vote of the people anytime
NOT A NEW TAX (Tax has been in effect for 20 years)
STRONG ECONOMIC GROWTH
· The past ten years Shawnee has had very good growth
-34 expansions of local manufacturing companies
-18 new manufacturing locations combining to create
-1,800 new jobs
-500 new homes constructed
-203 new commercial permits spending 52 million dollars
-retail sales have increased from 237 million to 357 million
in 1998
-1989 voters voted for second time to extend one cent tax
Mr. Powell continued with giving several projects that have been completed to prove that the one cent sales tax has been used as promised. For example; the following were mentioned:
*Bond issue included grandstand, RV sites, and horse
pavilion at the Oklahoma Heart of Exposition Center
*Renovation of a 100-year old building at a cost of one
million dollars to house the Public Works Department
*Built the Shawnee Community Center
*Built a new Animal Shelter
*Equipment for streets-new laydown asphalt machine
($225,000) has improved over 574 blocks of streets
*The City has constructed 54 blocks of curbs and guttering
on new streets
*Purchased over 40 vehicles along with other equipment
needed for law enforcement
*Purchased equipment for Fire Department such as a fire
pumper ($227,000); two 100 ft. ladder trucks; and currently
building a new substation to serve the eastern area
The city manager pointed out that in order to maintain the operations of public facilities that are on-going and plan for the long-term needs, the permanent tax would be used for:
*Public Safety: High standards must be maintained in police and fire services to protect the citizens
*At least 50% of sewer lines are 40 years old and in need of
repairs or replacement. There are approximately 1200 miles
of sewer lines
*a TV camera can be utilized to determine conditions and
type of blockage in sewer lines
*There are ten lift stations in the city and all are at
least 30 years old and costs $75-$100,000 to replace motors
*Water lines are deteriorating, many are over 60 years old
*a new water tower is needed to accommodate the north area
*access roads to the industrial parks need upgrading
*Maintain and develop new parks
In conclusion, City Manager Terry Powell noted that he and city staff had scheduled approximately twenty meetings in the community to promote the permanency of the one cent sales tax extension and to urge citizens to continue the progress for the future of Shawnee.
AGENDA ITEM NO. 4: Presentation of annual report for Shawnee Economic Development Foundation by Pat McCormick, Vice President and Larry Smith, Chairman, Board of Trustees.
Ms. Patricia McCormick, Executive Vice-President of the Shawnee Economic Development Authority, appeared before the Commission to present the Annual Report of Activities for the period January 1, 1998-December 31, 1998.
Ms. McCormick began by stating that 1998 was an excellent year for growth in Shawnee and that eighty percent (80%) of new manufacturing jobs created were from the existing companies expanding their operations.
She gave an overview of the report highlighting the following:
*Established Industry (Retention and Expansion)-SEDF staff worked with 23 area established industries providing assistance that included proposals for expansion projects, infrastructure needs, financial and administrative information regarding labor requirements, etc.
*Infrastructure/Sites and Facilities-Information available to industries that includes water, sewer, electrical, natural gas, telecommunications and industrial access roads.
Under this section Ms. McCormick expressed appreciation to the city’s engineering staff for their cooperation in providing mapping and engineering information.
*Marketing/Recruitment-Selling of the Shawnee community to prospective industries. The year-end results were: Direct mail and follow ups at 650; presentations/proposals at 91; and site visits by companies/consultants were 24.
*Financial-Retail sales increased 6.3% over l997. A financial summary was included in the report.
In conclusion, Ms. McCormick thanked the Commission and city staff for its commitment and support to economic growth for the greater Shawnee area.
AGENDA ITEM NO. 5: Update on Shawnee Uniting Resources for Growth & Excellence (SURGE) by John and Gloria Slavens, Co-Chairpersons.
Next, Mr. John Slavens, Co-Chair of SURGE, appeared before the Commission to give an update on the program Shawnee Uniting Resources for Growth & Excellence (SURGE).
He informed the Commission that SURGE is a grassroots organization comprised of area citizens who are interested in the continual improvement of the Shawnee community and who are taking an active role in identifying the needs of the community and implementing the program to benefit the entire community.
Mr. Slavens further communicated that several communities across the country are doing similar programs and are being successful. He identified Oklahoma Community Institute as the organization that developed the model that Shawnee is operating.
He reported that there are 125 stakeholders, the citizens involved who are made up of a cross-section of participants representing different segments of Shawnee. He noted that SURGE is not sponsored by any organization; but many businesses, individuals, and organizations that have donated funds or in-kind services to assist to meet the expenses.
Mr. Slavens advised that SURGE has four standing committees which include budget; coordinating, outreach, and research. He noted that six planning sessions had been scheduled and two have been completed.
In conclusion, Mr. Slavens reiterated that the purpose of SURGE was for the continual improvement for the Shawnee community and through this organization help to implement plans toward a better community.
AGENDA ITEM NO. 6: Report from City Manager Terry Powell on the Highway 177 signalization project.
City Manager Terry Powell advised the Commission that representatives from the Oklahoma Department of Transportation (ODOT) met with city staff to discuss the resolution passed by the City Commission to partially close Highway 177 for safety purposes. The accident history at the intersection show a predominance of turning movement accidents, primarily involving vehicles making left turns to the south from Independence and vehicles turning east onto Independence from the southbound lane of US Highway 177.
He reported that ODOT had selected a consultant to conduct further study. He advised that ODOT requested US Highway 177 and Independence intersection remain unchanged until the consultant could complete speed and turning movement studies of all the intersections within the area. It will take thirty to forty-five days to complete the study.
After the study has been completed, it will be presented to the City by ODOT. He noted that the study is expected to be completed prior to May.
It was Commission’s consensus that they wait on the study.
AGENDA ITEM NO. 7: Discuss the legitimacy of using public funds to pay civic club dues for City employees and vote on the continuance of such payments.
The City’s Budget & Finance Director Jim Wilsie and Margaret Love, the City’s arbitration attorney, addressed the issue of using public funds to pay civic club dues for the City employees and to answer questions raised about the City paying membership dues to the Chamber of Commerce and COEDD.
First to appear was Mr. Wilsie to inform the Commission that he had contacted the Office of the General Counsel of Oklahoma Municipal League, the City’s auditor, Stephen H. Sanders, CPA, and Mrs. Love. Mr. Wilsie referred to the agenda packet that had his memorandum and exhibits attached, which included excerpts from the Attorney General’s opinion.
It was the overall opinion of those contacted that paying of the fees was acceptable.
Based on all information gathered, Mr. Wilsie commented that strong support could be made for the City paying for membership dues especially for the Chamber of Commerce and COEDD, and certain civic clubs. He recommended that in regards to the civic clubs, it would be prudent for the City to examine and document the public purpose served and that the Community Service Contracts Review Committee prepare a statement of criteria.
Next, Mrs. Love continued that line of thought recommending that the committee review the mission statements of the civic clubs to determine if it meets the public purpose requirements. She advised that the committee formulate policies to make clear the guidelines that an organization must meet.
After the reports, Commissioner Claybrook commented that he still felt the civic club fees were not legitimate to be paid by the City and the City should not take the risk of payment since it could be determined later that payments for civic clubs would be improper.
Upon making that statement, Commissioner Claybrook made a motion to discontinue paying for the civic club dues. The motion died for lack of a second.
Then, a motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the City’s Community Service Contracts Review Committee take on the task of assessing the mission statements of the various civic clubs the City belongs to and create a policy to determine whether the civic organization qualifies under those guidelines. Motion carried.
AYE: Gillham, Downing, Claybrook, Harden, Winrow, Roach
NAY: Young
AGENDA ITEM NO. 8: Discuss the legitimacy of using public funds to pay Shawnee Chamber of Commerce dues and vote on the continuance of such payments.
The Commission next considered payment of the Shawnee Chamber of Commerce membership.
Mr. Bob Jones, President of the Chamber, appeared before the Commission in response to questions raised such as the amount paid and for how long at that particular amount.
Mr. Jones advised that the City pays $3,500 per year and has been that amount at least for the past three years. He noted that the Chamber’s computer system crashed in 1996 and lost all the previous information. He mentioned that the dues pay for up to ten memberships.
Mr. Jones presented a standard agreement that other cities in the State are using and recommended that the City and Chamber adopt the contract.
After hearing the reading of the contract by Mr. Jones, City Attorney John Canavan also recommended adopting a similar contract.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the City of Shawnee continue paying the membership dues to the Shawnee Chamber of Commerce and enter into a contract with the Chamber similar to the contract read by Mr. Bob Jones. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 9: Presentation from a COEDD representative concerning the functions of that organization and how they directly affect the citizens of Shawnee and vote on the City’s continued association with this organization.
The Commission next heard a presentation from Mr. Wayne Manley, the Executive Director of COEDD (Central Oklahoma Economic Development District); regarding the functions of that organization and to determine if the City should continue its association with COEDD.
Mr. Manley reported that COEDD, was established in 1967 by the State of Oklahoma under the Interlocal Cooperation Act. COEDD was created as a sub-state planning organization, which is one of 11, where Federal and State funds are passed on to seven counties through COEDD to assist counties and local communities to improve their quality of life.
He further advised that COEDD has a 36-member Board comprised of representatives from the towns, cities, and counties under COEDD. The City of Shawnee has two representatives and the members are placed on the Board by virtue of the population. He also mentioned that the membership dues are based on the population.
Mr. Manley handed out a brochure that listed several areas COEDD administers funds:
*Area Agency on Aging (AA)
*Pottawatomie County Eldercare
*Economic & Community Development
*Planning and Information Systems
*Rural Fire Defense Program
*Water Leak Detection Program
*Business Finance
Mr. Manley stated that in regards of how COEDD has affected Shawnee, it has helped this community with over $6 million over the years that included upgrading Main Street; housing; planning; and EDA grants.
At this time, City Manager Terry Powell added that although the City has not recently utilized COEDD, he mentioned that Shawnee might be needing COEDD in the Main Street Program and in the Planning area, since Mr. Colclasure, Community Development Director, would be retiring soon.
In conclusion, Mr. Manley noted that COEDD did not have a contract signed with the City, since it was not required and COEDD was considered a local governmental entity.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, to approve the continued support of COEDD by the City of Shawnee. Motion carried.
AYE: Roach, Gillham, Young, Winrow, Downing, Claybrook
NAY: None
ABSTAIN: Harden
AGENDA ITEM NO. 10: Consider an ordinance exempting persons soliciting for newspapers or general circulation from solicitor license requirements.
The Commission considered the proposed ordinance which is a “housekeeping” ordinance that amends the solicitor’s ordinance to exempt persons soliciting on behalf of newspapers of general circulation.
Ordinance No. 1917NS was introduced and the title read aloud.
Ordinance No. 1917NS entitled “An ordinance relating to solicitor licenses in the City of Shawnee, Oklahoma; amending Section 14-64(a), Division 1, Article III, of Chapter 14 of the Code of the City of Shawnee; exempting persons soliciting on behalf of newspapers of general circulation from the license requirement; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Title and Sections 1-2, be approved. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow, Roach
NAY: None
A motion was made Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1917NS duly passed and adopted.
AGENDA ITEM NO. 11: Consider a request from Cindy Pylant, Vintage Petroleum, Inc., for annual fees for oil and gas wells to be lowered due to historic low prices in oil.
Appearing before the Commission was Ms. Cindy Pylant, Landman for Vintage Petroleum, Inc., Tulsa, Oklahoma, requesting the Commission to lower the annual fees for their Shawnee Townsite (Skinner) Unit from $250 per well to $100 per well. The City receives approximately $14,250 per year. The request was due to the drastic falling of oil prices.
Ms. Pylant advised the Commission that the State’s legislative leaders are to meet to address the oil industry’s crisis.
At this time, Fire Chief James Roberts was called upon to give a staff report regarding the use of the oil royalties. He reported that a fire rig had been purchased and that the Oil and Gas Inspector made inspections.
After discussion, a motion was made by Commissioner Young, seconded by Commissioner Roach, to defer the request from Vintage Petroleum to the next meeting to allow city staff time to research the actual costs and report at the next meeting. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 12: Consider Bids.
Public Works Director James Cole reported on the following:
a. Four or more 1999 ½ Ton Pickup Trucks (award)
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to accept staff’s recommendation to award the bid for the four 1999 ½ ton pickup trucks to Klement Ford, Shawnee, Oklahoma, in the amount of $14,831.00 per vehicle as the lowest and best bid. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
b. One 1999 1-Ton Pickup Cab and Chassis (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for the one 1999 1-ton pickup truck cab and chassis to Harvey’s GMC, Shawnee, Oklahoma, in the amount of $18,630.00 as the lowest and best bid. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Mr. Paul Mehagan, Noah’s Ark Petting Zoo, appeared before the Commission to request the City of Shawnee to waive the charge for the Conditional Use Permit application.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 15: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 16: 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. (9:40 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
________________________________
CITY CLERK
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