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, March 15, 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
Bob Downing
Commissioner Ward 6 - Vice Mayor
ABSENT:
Brad Roach
Commissioner Ward 5
INVOCATION Reverend Janie Kirt Morris Emmanuel Episcopal Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 15
b. Minutes of March 1, 1999 meeting
c. Transfer of Appropriations in Shawnee Municipal Authority
d. Budget Amendment in Gifts and Contributions Fund
e. Acknowledge the following reports and minutes:
* Budget Status Report as of February 28, 1999
* City Clerk Report for the month of February 1999
* Building Inspector Report for the month of February 1999
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of March 1999
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of February 1999
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of February 1999
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of February 1999
* Utility Division Report for the month of February 1999
* Municipal Court Report for the month of February 1999
* Shawnee Community Center Report for the month of February 1999
* Shawnee Public Library Board minutes of February 9, 1999 meeting
* Traffic and Transportation Commission minutes of January 26, 1999 meeting
* Community Service Contracts Review Committee minutes of February 23, 1999 meeting
* Sister Cities Council minutes of February 9, 1999 meeting
* Planning Commission minutes of March 3, 1999 meeting
f. Lakesite Lease Renewal
Lot 5, Hart Tract
Jayne Hawk & John Costiloe
105 Hart Road
Shawnee OK
g. Approve resolution nominating Trustees to the Oklahoma Municipal Assurance Group to fill expiring terms of three trustees.
Resolution No. 6026 was introduced into record.
Resolution No. 6026 entitled “A resolution authorizing and directing Chris Harden, Mayor and authorized agent of the City of Shawnee to nominate Mr. Stanley Alexander, Mr. George Jones, and Ms. Chris Harden to fill the vacancies on the Board of Trustees of the Oklahoma Municipal Assurance Group for three-year terms commencing on July 1, 1999.”
h. Mayor’s Appointments:
TRAFFIC AND TRANSPORTATION COMMISSION
Appoint Mr. Archie Hill to a three year term to expire 1/1/02
YEAR 2000 (Y2K) COMMITTEE
Appoint the following persons to a one year term to expire 3/15/00
Commissioner Brad Roach, Chairman
Mr. James Wilsie
Mr. James Cole
Mr. Leon Rogers
Mr. Ron Hill
Mr. Larry Smith
Dr. Keith Conaway
Ms. Elise Stone
i. Approve request from the Shawnee Public Library Board for the vacant position vacated by Harris VanWagner to remain unfilled until June 30, 1999, then appoint member for a full term.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-i), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Resolution No. 6026 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentations:
Mayor Harden issued the following proclamation:
“Child Abuse Prevention Month”
April 1999
(accepted by Tonya Gifford, District V Child Abuse Prevention Task Force, Co-Coordinator Pottawatomie County Health Department and Tracy Haney, Citizen Potawatomi Nation)
Mayor Harden next presented the following resolutions of appreciation:
Resolution No. 6023 was introduced and the title read aloud.
Resolution No. 6023 entitled “A resolution expressing appreciation to the Shawnee News-Star for its support of the City’s recent sales tax extension election held on March 2, 1999; extending a special thank you to Mr. John Tucker; Mr. Mike McCormick; Mrs. Virginia Bradshaw; Mrs. Nancy Cook-Senn; Mr. Ed Blochowiak; and Reita Easley for their services rendered in informing the citizens of Shawnee, Oklahoma in pre-election coverage of the importance of the sales tax extension to city government; providing that said resolution be spread upon the official records of the City of Shawnee; and providing that a copy hereof be presented to the aforementioned.”
Mrs. Virginia Bradshaw, Mrs. Nancy Cook-Senn and Mr. Ed Blochowiak accepted the resolution on behalf of the Shawnee News-Star.
Resolution No. 6024 was introduced and the title read aloud.
Resolution No. 6024 entitled “A resolution expressing appreciation to the Shawnee Sun for its support of the City’s recent sales tax extension election held on March 2, 1999; extending a special thank you to Mr. Wayne Trotter for his services rendered in informing the citizens of Shawnee, Oklahoma in pre-election coverage of the importance of the sales tax extension to city government; providing that said resolution be spread upon the official records of the City of Shawnee; and providing that a copy hereof be presented to the aforementioned.”
Mr. Wayne Trotter accepted the resolution on behalf of the Shawnee Sun.
Resolution No. 6025 was introduced and the title read aloud.
Resolution No. 6025 entitled “A resolution expressing appreciation to the Falcon Cable Media Television for its support of the City’s recent sales tax extension election held on March 2, 1999; extending a special thank you to Mr. Andrew Dearth for his services rendered in informing the citizens of Shawnee, Oklahoma in pre-election coverage of the importance of the sales tax extension to city government; providing that said resolution be spread upon the official records of the City of Shawnee; and providing that a copy hereof be presented to the aforementioned.”
Mr. Andrew Dearth accepted the resolution on behalf of the Falcon Cable Media.
A motion was made by Commissioner Winrow, seconded by Commissioner Young, to approve the following resolutions of appreciation. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Resolution Nos. 6023, 6024, and 6025 duly passed and adopted.
AGENDA ITEM NO. 3: City Manager’s Presentation:
City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Jennifer Duff, Emergency Management Secretary, as the March “Employee of the Month” in recognition of her excellent and dedicated service to the City of Shawnee during the pre-election presentations of the third penny sales tax.
AGENDA ITEM NO. 4: Presentation by Art Johnson on the Work Force Investment Act that replaces the Job Partnership Act.
Mr. Art Johnson, Director of East Central Work Force Development, appeared before the Commission to present a program for juvenile and adult work placement.
The program provides a one stop system for both juveniles and adults to find employment without cost to them.
Mr. Johnson explained that the State of Oklahoma will be divided into several work force areas and a board of forty (40) members for each seven counties. There would be five to seven members from the City of Shawnee.
The City of Shawnee has the option of being designated in an area of its own or as a part of the seven counties depending on the amount of liability the City wishes to assume.
In concluding the presentation, Mr. Johnson noted that the approximate cost allowed if the City decides to stand alone will be $185,000. The change-over date for the program would be July 1, 2000.
It was the consensus of the Commission to allow Mr. Johnson to present a formal proposal at a later date.
AGENDA ITEM NO. 5: Presentation by Ryan Bjorn, International Association of Character Cities/Character First, on establishing the City of Shawnee as a City of Character.
Mr. Ryan Bjorn, International Association of Character Cities/Character First, appeared and introduced Mr. Mike Jestes, Chairman of the Oklahoma Juvenile Delinquency Prevention Board, to explain the procedures for becoming a Character City.
Mr. Jestes noted that character is important and that each City needs a customized plan to develop and strengthen good character in their communities. He also stated that in most cases workers’ compensation claims are reduced by 5 percent.
COMMISSIONER ROACH NOW PRESENT AT 8:17 P.M.
At this time, Mr. Jestes introduced Mr. Robert Greenlaw, Character First. Mr. Greenlaw, appeared and gave a brief pep talk on behalf of the young people.
AGENDA ITEM NO. 6: Presentation and consideration of City of Shawnee audited financial statements as of June 30, 1998 as submitted by Stephen Sanders, CPAs. (Previously distributed)
Mr. Stephen H. Sanders, Certified Public Accountant, Inc., appeared before the Commission to present the City of Shawnee, Oklahoma “Comprehensive Annual Financial Report” for fiscal year ended June 30, 1998.
He reviewed the three areas that he audited which were in compliance with the Government Auditing Standards. In his report, he noted that the City’s general fund operated in the “black” and the city finished the year in good condition.
The other two audits he covered was the report on compliance and on internal control over financial reporting based on an audit of financial statements and report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133.
Concluding his report, Mr. Sanders asked if there were any questions.
Commissioner Claybrook inquired about the weakness in the Civic and Cultural Development Authority regarding the lack of segregated duties.
Mr. Sanders stated that he found no indication of misuse of appropriations, but internal controls would definitely improve if duties were segregated.
Commissioner Claybrook also inquired about the irregularities or discrepancies that appeared in the accounting department last year.
Mr. Sanders further stated that he had found fabrications by the vendor in question.
It was noted that the City is in the process of enacting a policy relating to purchasing and receiving.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance for a conditional use permit located at 1902 North Harrison 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: Benigno Ruic for Los Dos Amigos )
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 1902 North Harrison for the sell of beer for consumption on premises.
It was noted the Planning Commission and staff recommended approval of the application and there were no protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said conditional use permit. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1923NS was introduced and the title read aloud.
Ordinance No. 1923NS 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 Two (2) and Three (3), Block One (1), Stubbs 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 Claybrook, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: Young
A motion was made by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion died from lack of a second.
Thereupon Mayor Harden declared Ordinance No. 1923NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at the Southeast corner of Highland and Roosevelt from C-2, Suburban Office Commercial District to C-3, Automotive and Commercial Recreation District for use as an upholstery shop. (Applicant: Steven Farrill)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 427 North Roosevelt for use as an upholstery shop.
It was noted that staff had recommended denial of the application in the beginning, but later recommended approval. Planning Consultant Bill Colclasure advised that the application had stated for future commercial development and he wanted to know the exact use of the property since this area is mainly residential. The Planning Commission recommended approval of the rezoning. There were no protests filed.
Commissioner Roach inquired if there was assurance that the rezoned property would be used for the purpose intended.
Mr. Colclasure advised that C-3, Automotive and Commercial Recreation District; for instance, has about three hundred uses. He also noted that at this time Oklahoma has no restrictions about asking for proposed uses, but after property is rezoned, the City is limited to what it can do.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1924NS was introduced and the title read aloud.
Ordinance No. 1924NS 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 Eighteen (18), Nineteen (19), Twenty (20) and Twenty-one (21), Block Two (2), Oak Park Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-2; Suburban Office Commercial District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that the Title and Section 1, be approved. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved.
Thereupon Mayor Harden declared Ordinance No. 1924NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider a resolution allowing the City to purchase seven to nine emergency generators from the State of Oklahoma at a price not to exceed $20,000 to be used in preparation of Y2K and other emergency facilities; and waiving competitive bidding.
Resolution No. 6027 was introduced and the title read aloud.
Resolution No. 6027 entitled “A resolution authorizing the purchase of seven to nine emergency generators from the State of Oklahoma at a price not to exceed Twenty Thousand dollars ($20,000.00); waiving competitive bidding.”
Fire Chief James Roberts appeared before the Commission to explain the need for emergency generators in preparation of the year 2000 and for the storm shelters located within the City.
After discussion, the resolution was amended as follows:
Resolution No. 6027 entitled “A resolution authorizing the purchase of emergency generators from the State of Oklahoma at a price not to exceed Twenty Thousand Dollars ($20,000.00); waiving competitive bidding.”
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the Title and Resolution be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Resolution No. 6027 duly passed and adopted.
AGENDA ITEM NO. 10: Consider the proposed Slover Street Bridge Protection Project and project cooperation agreement between the US Army Corps of Engineers and the City of Shawnee.
City Engineer John Krywicki appeared to inform the Commission that several months ago the City had requested assistance from the US Army Corps of Engineers to study and make recommendations to mitigate the bridge abutment erosion occurring at the Slover Street Bridge across the North Canadian River.
Mr. Krywicki noted that the Corps had completed their preliminary design of the proposed Slover Street Bridge Protection Project and submitted a project agreement for consideration. The estimated costs of the entire project is $253,152.00. The City’s share will be 35%, which is approximately $83,603.00 and the Corps of Engineers will fund the remaining costs.
He also advised that the area has flooded at least three times in the last six years and the owner of the adjoining property is in agreement with the Corps of Engineers.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to defer this item until the April 5, 1999 meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 11: Consider the Change Order on the South Runway/Taxiway Improvement Project at the Shawnee Airport (OAC Project No. 2897-F) and acceptance of the project.
City Engineer John Krywicki appeared before the Commission to advise that the final as-built quantities for payment from Vantage Paving, Inc. had been determined for the South Runway/Taxiway Improvement Project at the Shawnee Municipal Airport.
Mr. Krywicki noted that the final costs were $327,404.80; however, the City wishes to deduct $15,856.91 from final payment due to Specification P-401 not being exactly met and a deduction for the costs of the failed tests. The Change Order being considered for approval reflects the total costs and the amount the City is deducting. Total payment will be $311,547.89.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve staff’s recommendation to approve for final payment Change Order No. 1 (final) to Vantage Paving, Inc., Oklahoma City, Oklahoma, in the amount of $311,547.89. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO 12: Consider adopting a City Commission Policy establishing eligibility and criteria for the payment of civic club dues for Department Heads of the City of Shawnee.
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that the City Commission Policy establishing eligibility and criteria for the payment of civic club dues for Department Heads of the City of Shawnee be approved as presented. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 13: Consider approval of proposed fees and regulations concerning the reserving and use of the Senior Citizens Center by outside groups and organizations.
A motion was made by Commissioner Roach, seconded by Commissioner Young, that the proposed fees and regulations concerning the reserving and use of the Senior Citizens Center by outside groups and organizations be approved as presented. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 14: Consider authorizing staff to proceed with development and consideration of naming proposed park in the 3800 Block North Beard.
Public Works Director James Cole appeared before the Commission to advise that the proposed park area in the 3800 Block North Beard had been deeded to the City about ten years ago for specific use as a park.
He noted that the Alpha Mothers Club plans to contribute funds over the next three years to provide playground equipment for city parks. The City will install the equipment and maintain the park area.
Mr. Cole further stated that conceptual plans for improvements were developed at Oklahoma State University several years ago. Future plans for the park include a parking lot, benches, and a nature trail. Mr. Cole also noted the possibility of opening a portion of 39th Street from Kickapoo to Market for more access to the park.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to vigorously proceed with the plans for the park improvements at 3800 Block North Beard. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 15: Consider Bids:
a. Resurfacing two tennis courts at Briscoe Boy Scout Park (award)
Based upon staff’s recommendation, a motion was made by Commissioner Young, seconded by Commissioner Roach, that the resurfacing of two tennis courts at Briscoe Boy Scout Park be awarded to Merritt Tennis & Track Systems, Oklahoma City, Oklahoma, in the amount of $11,540.00 as the lowest and best bid. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
b. One or more full size police vehicles (award)
Based upon staff’s recommendation, a motion was made by Commissioner Winrow, seconded by Commissioner Young, that the bid for four full size police vehicles be awarded to Klement Ford of Shawnee, Inc.,
Shawnee, Oklahoma, in the amount of $20,087.00 each as the best bid. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
c. Rehab Asphalt Streets Project (open)
BIDDER AMOUNT
Nova Sand & Trucking Co. $165,620.00
Shears Construction Co. $171,000.00
Vantage Paving, Inc. $ 99,680.79
Engineer’s Estimate: $140,000-$175,000
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to accept staff’s recommendation to refer all bids to staff for review and report at the next meeting. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
d. Rehab Concrete Streets Project (open)
BIDDER AMOUNT
A-Tech Paving & Sealing $275,755.00
Iron Horse Construction Co. $231,325.00
M L Young Construction Corp. $261,230.00
S.E.A. Construction Corp. $291,000.00
Shell Construction Company, Inc. $315,400.00
Engineer’s Estimate: $285,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to accept staff’s recommendation to refer all bids to staff for review and report at the next meeting. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
There was no Citizens Participation.
AGENDA ITEM NO. 17: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 18: New Business.
Under New Business, Commissioner Claybrook commented that he had been accused of calling the Police Department and reporting that signs for the March 2 sales tax election were in violation of Code, but he did not call and report any signs. He further stated that he was only opposed to the permanency of the sales tax and not the tax itself.
He stated that he has a problem with the “public purpose” definition in regards to building a pond at the Police Range and purchasing three flag poles for the new fire station at a cost of $6,000.00. He then reiterated that this was his reason for not wanting the sales tax permanent.
Commissioner Gillham commended the Pottawatomie County Development Authority (PCDA) for allowing personal watercraft at Wes Watkins Reservoir.
Commissioner Winrow noted how proud she was to be a part of the City of Shawnee community and commended the citizens for the descent hours they use at Boy Scout Park.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Gillham, seconded by Commissioner Winrow, that the meeting be adjourned. Motion carried. (9:57 p.m.)
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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