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, October 15, 2001 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 Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Ward 5 Bob Downing
Vacant Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Helen Crain
Volunteer Chaplain at Shawnee
Regional Hospital
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider approval of minutes of October 1, 2001 meeting.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the minutes of October l, 2001 meeting be approved as presented. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 2: Swearing in of Kermit Milburn as Commissioner of Ward 5 by Municipal Judge Robert H. Jones and presentation of Certificate of Appointment by Mayor Harden.
Mr. Kermit Milburn, who was appointed by the Commission on October 1, 2001 as Commissioner of Ward V, was officially sworn-in and administered the Oath of Office by Municipal Judge Robert H. Jones.
Mayor Harden also presented Commissioner Milburn with a Certificate of Appointment and he then was seated.
AGENDA ITEM NO. 3: 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. 14.
b. Budget Amendments in CDBG Funds for 1995, 1996, 1997, 1998, 1999, 2000 and 2001
c. Budget Amendment for the 1998 Home Grant Fund
d. Acknowledge the following reports and minutes:
* Sales Tax Collections Report through October, 2001
* Utility Division Report for the month of September, 2001
* Building Inspector Report for the month of September, 2001
* Shawnee Community Center report for the month of September, 2001 and quarterly report for the months of July, August, and September, 2001
* Shawnee Police Department report for the month of September, 2001
* Shawnee Planning Commission minutes of September 19, 2001 meeting
* Shawnee Public Library Board minutes of July 10, 2001 meeting
* Shawnee Urban Renewal Authority minutes of September 18, 2001 meeting
e. Lakesite Leases:
Transfer
Lot 2, Roewe Tract
To: Louis Carter Bradley & From: Charles R. Neale &
Deanna Lynn Bradley Pamla Neale
205 NW 17th Street 32403 Homer Lane Road
Oklahoma City, OK 73103 Shawnee, OK 74801
f. Approve renewal of contract between City and Housing Authority of Shawnee to provide police services for safety and protection of residents in public housing developments.
g. Approve renewal of contract between City and Oklahoma Beagle Club, Inc. for wildlife habitat at Shawnee Twin Lake No. 2.
h. Approve out-of-state travel for Charles Wolfe to attend LEPC workshop in Hot Springs, Arkansas October 28 – November 1, 2001.
i. Approve out-of-state travel for Herk Henderson and Pat Cope to attend Texas A & M Engineering Extension Service training session in Mesquite, Texas, December 3 - 7, 2001.
j. Approve payment of invoice to Oklahoma Municipal Assurance Group for municipal liability protection plan in the amount of $99,159.20.
k. Acknowledge e-mail correspondence to Hank Land from Judy Young regarding her appreciation to Shawnee Police officers for their assistance with changing flat tire on vehicle.
l. Acknowledge letter of congratulations to Hank Land from Senator James M. Inhofe concerning the Shawnee Police Department’s receipt of a grant from the U.S. Department of Justice.
Under the Consent Agenda, Commissioner Claybrook requested to consider item 3b separately.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve Agenda Item No. 3 (a-l), less (b), as presented. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Under 3b, Commissioner Claybrook asked why the CDBG funds from prior years had not been expended.
Since City Treasurer Jim Wilsie was not in attendance to give an explanation, due to illness, this item was deferred.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook to defer Agenda Item No. 3b to the next meeting. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 4: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“National Business Women’s Week”
October 15-19, 2001
(Accepted by Diane Beesley, BPW representative)
AGENDA ITEM NO. 5: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Phyllis Loftis, Deputy City Clerk, as the October employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 6: Consider approval of a preliminary plat for Northridge Cottage located in the 3000 block of Northridge. (Applicant: Bryant Builders)
Community Development Director Mike Southard gave the staff report explaining that the Planning Commission unanimously recommended approval of the preliminary plat of the Northridge Cottage Addition with variances to the cul-de-sac length, smaller rear utility easements, and the off-set streets. They unanimously recommended denial of the variance to the sidewalk requirement.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to approve the preliminary plat for Northridge Cottage Addition with the three variances and require sidewalks to be constructed at the time a house is built on each lot by the builder. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Milburn, Downing, Pettyjohn
NAY: None
AGENDA ITEM NO. 7: Consider an ordinance amending the definition of mobile homes and adding definitions and uses for manufactured homes, residential designed manufactured homes, panelized homes, pre-cut homes and
manufactured home subdivisions to the zoning code of the City of Shawnee (Continued from 8/20/01)
Community Development Director Mike Southard presented the revised ordinance amending the definitions of mobile homes. He advised that the Planning Commission was recommending approval.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve the ordinance. Upon further discussion, the second was withdrawn and the motion died for lack of a second.
In discussion, Commissioner Milburn had questions about the various building codes and requested clarification on the definitions.
Following discussion, a motion was made by Commissioner Milburn, seconded by Commissioner Harrod, to defer action on the proposed ordinance regarding mobile home definitions for two months. Motion carried.
AYE: Milburn, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: Downing
AGENDA ITEM NO. 8: Consider an ordinance adding requirements of signaling when changing lanes and lanes to be used by reduced speed drivers on laned roadways.
Police Chief Hank Land advised the Commission that the proposed ordinance was to incorporate the requirements of signaling when changing lanes to reflect the State Statutes.
Ordinance No. 2026NS was introduced and read aloud.
Ordinance No. 2026NS entitled “An ordinance relating to driving on roadways laned for traffic; amending Section 16-92, Article IV of Chapter 16 of the Code of the City of Shawnee, Oklahoma; adding a requirement that drivers give a signal when changing lanes; adding a requirement that on a road of four or more lanes, a driver proceeding at a reduced speed must stay in the right lane; 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, Milburn, Downing, Claybrook, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Milburn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2026NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider request from Commissioner Weaver to reverse stop signs at 10th & Roosevelt streets (Deferred from 10/1/01)
At this time, Commissioner Weaver stepped to the podium to address the Commission as a citizen living at 1802 East 10th Street.
He addressed the issue of the stop signs at 10th and Roosevelt streets stating that he never did request that the stop signs be changed from the original locations.
He stated that he would not pursue changing the stop signs back since it would be dangerous to traffic since drivers were getting use to the change.
Commissioner Weaver recommended that some type of procedure be followed to notify the citizenry when making traffic changes that would affect the public.
City Manager Terry Powell stated that staff had discussed ways of notifying the public and that they would do further research.
No action was required for this item.
AGENDA ITEM NO. 10: Presentation by Lori Bowlan on airport lease rate calculation methods.
Ms. Lori Bowlan, Assistant Airport Manager, presented a report on the airport lease rate calculation methods.
She advised that appraisals were being conducted on the airport property in order to prepare for the city to be self-sustaining when the grants ended.
On the power point, a table of proposed lease payments were presented in determining appraisals for aviation and non-aviation property use.
She advised that recommendations would be made at the next meeting to change the current ordinance to update the language and include changes that apply to the current operation of the airport.
AGENDA ITEM NO. 11: Consider approval of a mutual aid agreement between City and Pottawatomie County Sheriff’s Office and recommendation for cross-deputization (Deferred from 10/1/01 meeting)
According to the mutual aid agreement, the purpose of the agreement is for the Pottawatomie Sheriff’s Office and the Shawnee Police Department to provide law enforcement services to each other upon verbal request of the party in accordance with Oklahoma law.
A motion was made by Commissioner Milburn, seconded by Commissioner Weaver, to approve the mutual aid agreement between the City of Shawnee Police Department and Pottawatomie County Sheriff’s Office. Motion carried.
AYE: Milburn, Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 12: Consider approval of a mutual aid agreement between City and District Attorney’s Office.
Mr. James Roberts, Director of Safety and Administration, requested to defer the agreement with the District Attorney’s office since it was not ready for this meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to defer action on the mutual aid agreement between the City and District Attorney’s Office to a future meeting. Motion carried.
AYE: Downing, Milburn, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 13: Consider authorizing staff to apply for Home Ownership Partnership (HOME) funds through the Oklahoma Housing Finance Authority in the approximate amount of $800,000.00
Community Development Director Mike Southard gave a brief explanation of the application for the HOME funds for the redevelopment of the Aldridge Hotel.
He advised that the Shawnee Urban Renewal Authority recommended approval to apply on behalf of Central Oklahoma Community Action Agency (COCAA) and ERC properties. Since this grant is from a different subsidy that is available for larger buildings, it would not affect the City’s opportunity to apply for monies.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve staff to apply for the Home Ownership Partnership funds through the Oklahoma Housing Finance Authority in the amount of $800,000.00. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 14: Consider Bids.
a. Repair of Tile Roof System for Santa Fe Depot Museum (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Claybrook, to accept staff’s recommendation to reject the only bid received from Crawford Roofing in the amount of $18,500 for repair of the tile roof system for the Santa Fe Depot Museum. Motion carried.
AYE: Harrod, Claybrook, Pettyjohn, Harden, Weaver, Milburn, Downing
NAY: None
b. One 30 HP 4-Wheel Drive Tractor with Front Loader and 54 inch box blade (open)
BIDDER AMOUNT
Dinsmore Tractor Sales $12,308.00
Shawnee, OK
Turner Equipment Company $14,600.00
Shawnee, OK
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept staff’s recommendation to refer the bids received for the 30 HP 4-wheel drive tractor with front loader and 54 inch box blade to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Pettyjohn, Harden
NAY: None
c. One 2002 Pothole Patching Truck (open)
BIDDER AMOUNT
H. D. Industries, Inc. $88,565.00
Jacksonville, TX 75766
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to refer the bid received for the 2002 pothole patching truck to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 15: 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. 16: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 17: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 18: Consider an Executive Session to discuss pending litigation in the Marsh vs. City of Shawnee Case No. CIV-99-1817M pursuant to 25 O.S. §307(B)(4).
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Commission go into Executive Session to discuss pending litigation in the Marsh vs. City of Shawnee Case No. CIV-99-1817M pursuant to 25 O.S. §307(B)(4). Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Milburn
NAY: None
CITY COMMISSION IN EXECUTIVE SESSION AT 9:26 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:42 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 19: Consider action concerning matters discussed in Executive Session in the Marsh vs. City of Shawnee Case No. CIV-99-1817M pursuant to 25 O.S. §307(B)(4).
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to appoint Commissioner Harrod as the City of Shawnee representative to attend the Marsh vs. City of Shawnee Case
No. CIV-99-1817M hearing. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing
NAY: None
AGENDA ITEM NO. 20: Commissioners’ Comments.
Under Commissioners’ Comments, the following Commissioners spoke:
*Commissioner Pettyjohn inquired about the progress of signal lighting adjustments. Staff member Robert Rimer responded that work would be completed in three phases to be done at the same time. The locations included Kickapoo Spur/Highland and Beard; Farrall Street from Beard to Main Street, and north on 45th Street.
*Commissioner Claybrook inquired about the enforcement of the downtown parking. Police Chief Hank Land responded that the citizens reception to the enforcement was positive with only a few complaints. He stated that the tires were being marked and numerous citations had been written. The police chief would get a statistical report to the Commission before the next meeting.
*Commissioner Milburn commented on a recent letter to the editor in the Shawnee News Star pertaining to streetscape about the city engineer doing the work. Commissioner Milburn stated that he applauded the city engineer doing the work since it will save the City over $170,000.
*Mayor Harden requested information on the status of Main Street paving project. City Engineer John Krywicki reported that curb and guttering was being done and the milling and smoothing was to be done before placing the final lift on the project. He estimated the completion date to be in mid-December.
Continuing, the mayor requested staff to monitor the 4-way stop at Minnesota and Federal, stating that drivers are not stopping at the Federal stop sign.
She commented that cars are parking at Kidspace Park after closing hours. Staff responded that signs were to be installed the next day.
Concluding, Mayor Harden received complaints from drivers exiting Interstate 40 from the east to Harrison Street and they cannot see the curb and requested yellow markings be placed on the curbs. Staff to check into this matter.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:56 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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