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, Tuesday, September 8, 1998 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 Rusty Williams
Wesley United Methodist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of August 17, 1998 meeting
b. Budget Amendment for 1996 Home Grant Fund
c. Acknowledge the following report and minutes:
* Building Inspector Report for the month of August 1998
* City Clerk Report for the month of August 1998
* Shawnee Police Report for the month of July 1998
* Civic and Cultural Development Authority minutes of July 16, 1998 meeting
* Shawnee Urban Renewal Authority minutes of July 21 and August 4, 1998 meetings
* Planning Commission minutes of August 5 and August 12, 1998 meetings
* Shawnee Library Board minutes of August 11, 1998 meeting
d. Lakesite Lease Renewals
Lot 2, Belcher Tract Lot 12, Eckel Tract
Norma Jean Beavers Ray & Peggy Downey
39 Nickens Road PO Box 3068
Shawnee, OK Shawnee, OK
e. Authorize staff to advertise for bids for a hydraulic pavement breaker attachment for use on a backhoe.
f. Approve lease agreement with the City of Tecumseh for the 1991 Leeboy Paver.
g. Approve Resolution of Appreciation for Bob C. Cranford for more than twenty-six years of dedicated service to the City of Shawnee Fire Department.
Resolution No. 6007 title introduced:
A resolution expressing appreciation to Bob C. Cranford for more than twenty-six years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Bob C. Cranford.
h. Mayor’s Appointment:
Insurance Committee
Appoint Vice Mayor Robert J. Downing to replace the vacancy of former Commissioner Arnold Davis
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-h), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Resolution No. 6007 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Harden presented the following proclamations:
“Boy Scout Popcorn Sale Day”
September 14, 1998
(accepted by Scout leader David Bull and Cub Scouts John Bull and Ross Bailey, Troop No. 461)
“Constitution Week”
September 17-23, 1998
(accepted by Ms. Dottie Kern, Daughters of the American Revolution, Wunagisa Chapter)
“Mills Machine Company’s 90th Year of Service”
1998
(accepted by Chuck Mills, President, Mills Machine Company)
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Pat Cope, Street Department Supervisor, as the August “Employee of the Month” in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance for a conditional use permit on property located at 648 North Louisa from zoning classification R-3, Multi-Family Residential District to R-3P, Multi-Family Residential District with a conditional use permit for use as a day care center. (Applicant: Sherrie Sheppard).
Mayor Harden declared a public hearing in session to consider an ordinance for a conditional use permit on property located at 648 North Louisa for use as a day care center.
It was noted that the Planning Commission and staff recommended approval of the application and there was one formal written protest filed and five letters filed in favor of the day care center.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said application.
Ms. Sherrie Sheppard, applicant appeared on behalf of her application.
After due and careful consideration, Ordinance No. 1896NS was introduced and the title read aloud.
Ordinance No. 1896NS 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) and Ten (10), Block Two (2), Subdivision of Reserve No. 1 to Estes Orchard Addition, City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof, granting permissive use application for said property to R-3P, Multi-Family Residential 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 Gillham, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1896NS duly passed and adopted.
AGENDA ITEM NO. 5: Discuss the proposed Falcon Cable Media rate increase.
Appearing before the City Commission was Mr. Andrew Dearth, Falcon Cable Media Regional Manager, informing the Commission about the proposed increase in cable rates effective October 1, 1998.
Mr. Dearth explained that providing cable service continues to increase due to inflation and he pointed out that one of the biggest increases is in programming services especially in the area of sports entertainment.
He advised that the costs will increase by six-eight cents (68c), changing the basic rate from $22.32 to $23.00 per month. He noted that the new rates will reflect Falcon’s adherence to the Federal Communication Commission’s (FCC) regulations.
Mr. Dearth had also provided a copy of the customer notification letter outlining the changes that will be sent to customers explaining the rate increase.
After a brief discussion, it was noted that this item was not being approved at this time and Commissioner Gillham suggested that at this point the city’s cable system consultant, Mr. Robert Jernigan, review and test the formula used by FCC to determine whether it is an equitable increase.
AGENDA ITEM NO. 6: Consider a request from Oklahoma Department of Transportation (ODOT) for the City to accept the maintenance of the signals at US 177 and 45th Street.
City Manager Terry Powell referred to a copy of a response letter written to State Representative Robert E. Weaver from Alan A. Soltani, Chief Traffic Engineer of Department of Transportation, in regards to his request for ODOT to investigate and determine signals to be warranted at the intersection at US 177 and 45th Street due to several fatal accidents.
Mr. Soltani advised that a traffic study had been conducted and the intersection did warrant traffic signalization. The letter stated that ODOT must receive a resolution from the City in order to proceed with construction.
The letter also pointed out that the City would be responsible for twenty percent (20%) of the costs, relocation of utilities, purchase of any rights-of-way, and maintenance of signalization.
City Manager Terry Powell informed the Commission that at this point it appeared that the State was under the impression that the intersection is inside city limits.
City Manager Powell and staff advised that further study would need to be conducted before proceeding with the project. He mentioned that the County would need to be contacted since the intersection was in the County. Another avenue would be to annex a portion of the intersection.
Staff will conduct further study and present its findings at a later Commission meeting.
AGENDA ITEM NO. 7: Discuss proposed ordinances dealing with Municipal Election changes pursuant to State Supreme Court ruling in Clapsaddle vs Del City.
Under this item, City Attorney John Canavan presented two proposed ordinances referring to municipal election changes for informational purposes only to the City Commission.
He explained that Del City was involved in a recall election lawsuit that challenged the home rule charter that dealt with the time frame wherein the municipal election time allowed less time for notice of filing where State Statutes allows a 60-day notice of election. The Supreme Court made an analysis and it was determined that the State Statutes overruled municipal ordinances.
In the first proposed ordinance, the amendments set the time for holding general elections on the fourth Tuesday in April of each and every even-numbered year; the filing of candidates can be no earlier than 8:00 a.m. on the second Monday of January of any even-numbered year and no later than 5:00 p.m. on the next succeeding Wednesday; and the ordinance would be voted upon by the registered voters of Shawnee.
Mr. Canavan presented the second ordinance which he explained that citizens have questioned and suggested that since the municipal elections are non-partisan; therefore, why not have the general election first then a runoff if necessary.
The ordinance addresses establishing a general election for all candidates and a general runoff election if no candidate receives in excess of fifty percent (50%) of the votes cast at the general election; establishing the date for the general election on the first Tuesday in March of every even-numbered year; changing the filing period to the second Monday in January of every even-numbered year; establishing the general runoff election on the fourth Tuesday in April of every even-numbered year; and sending this ordinance to the vote of the people.
In conclusion, Mr. Canavan noted that the two ordinances prepared are guidelines for the Commission’s review and they had about a year from November to decide since the next general election will be in the year 2000. He also noted that for the upcoming special election on the penny sales tax due in June, 1999, a 60-day notice of special election would be given.
AGENDA ITEM NO. 8: Consider the City’s membership in Central Oklahoma Metropolitan Environmental Association (COMEA) to benefit the hazardous household waste in the City of Shawnee.
Public Works Director James Cole gave an updated report about a facility for the disposal of household hazardous waste for Shawnee.
He referred to a letter from Ms. Theresa Coffman, Executive Director from Central Oklahoma Metropolitan Environmental Association (COMEA), announcing approval from the Department of Environmental Quality (ODEQ) to begin operating a permanent drop-off facility in Midwest City for area cities.
Mr. Cole reported that COMEA offers educational and public awareness programs that would benefit the citizens of Shawnee. He further advised that hazardous wastes such as oil and antifreeze are collected only once a year during the clean up days and this program could be very beneficial to the residents.
The cost of membership is $8,903, which is based on a per capita formula and Shawnee’s cost was based on the 1990 census.
It was staff’s recommendation to take the opportunity to join 26 other cities and become a member of the association.
The Commission expressed concerns about the citizens taking advantage of the program since they would be required to drive to Midwest City. They also requested that the program be monitored to determine if the facility is being utilized by Shawnee residents for future reference.
A motion was made by Commissioner Roach, seconded by Commissioner Young, that funds be approved for membership fees in the amount of $8,903 for the City of Shawnee to join the Central Oklahoma Metropolitan Environmental Association for one year. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 9: Consider Bids:
a. South I-40 Frontage Road Paving Project (award)
City Engineer John Krywicki gave the staff report and recommended T. J. Campbell Construction Company to be the contractor to receive the bid award on the South I-40 paving project. He noted that portions of the project will be reimbursed by the Department of Transportation in the amount of $144,400 after project has been completed.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to accept staff’s recommendation to award the South I-40 Frontage Road Paving Project to T. J. Campbell Construction, Oklahoma City, Oklahoma, in the amount of $428,954.00 as the lowest and best bid received. Motion Carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
b. Ten or more Self-Contained Breathing Apparatus (award)
Fire Chief James Roberts gave the staff’s recommendation to award the bid on the SCBAs to CASCO Industries. He noted that these individual masks for the firefighters are given a one year warranty from the manufacturer and the Fire Department has four that were purchased last year and the equipment operates very well.
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to accept staff’s recommendation to award the Self-contained Breathing Apparatus (SCBA) bid to CASCO Industries, Oklahoma City, Oklahoma, in the amount of $26,880.90 as the lowest and best bid. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 10: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Under Citizens Participation, the following persons appeared:
*Ms. Phyllis Carter, 37803 45th Street, presented a petition with approximately 1000 signatures, desiring traffic signalization at the intersection at SH 177 and 45th Street
*Messrs. Link Cowen, Fred Hawk, and Stan Malaske, lakesite lessees, voiced concerns about the current boat dock requirements and stated that the city inspectors did not require permits to build the boat docks and they requested the Commission’s consideration when enforcing the ordinances.
Although Mr. Cowen does not have a boat dock, his interest was for the future should he decide to build a boat dock that will be large enough to house a boat.
After discussion, it was the consensus of the Commission that this item be placed on the next meeting’s agenda.
AGENDA ITEM NO. 11: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 12: New Business.
Under New Business, City Attorney John Canavan advised the Commission that the City had received the arbitrator’s ruling regarding the Police Union’s collective bargaining agreement for FY 1998-1999 with the City of Shawnee. He advised that it was the arbitrator’s decision that the contract be awarded to the police union.
Since the decision was not received until this date and a decision must be made by the City to reject or accept the arbitrator’s award by Friday, September 11th, it was City Attorney Canavan’s recommendation that the Commission go into Executive Session to discuss the possibility of calling for an election.
A motion was made by Commission Gillham, seconded by Vice
Mayor Downing, that the Commission go into Executive Session to discuss the arbitrator’s award. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
COMMISSION NOW IN EXECUTIVE SESSION AT 9:01 P.M.
COMMISSION NOW RECONVENES AT 10:12 P.M. WITH ALL COMMISSIONERS PRESENT.
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the arbitrator’s award be rejected and that this issue be submitted to the vote of the public and necessary steps be taken to that effect which requires the Mayor to notify the City Clerk in written form by Friday, September 11, 1998 requesting a resolution calling for an election to be voted on ten days after the notice has been issued which will be considered at the September 21, 1998 City Commission meeting. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion
was made by Commissioner Winrow, seconded by Commissioner Young, that the meeting be adjourned. Motion carried. (10:15 p.m.)
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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