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 1, 2002 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
Kermit Milburn Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Mr. Kermit Milburn
City Commissioner, Ward V
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: 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. 10.
b. Minutes of March 18, 2002 meeting
c. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of February 19 and February 21, 2002 meetings
* Shawnee Urban Renewal Authority minutes of March 5, 2002 meeting
* Citizens Advisory Committee minutes of January 2, 2002 meeting
* Planning Commission minutes from March 6, 2002 meeting
d. Authorize staff to advertise for proposals for Mobile Data Systems and Interfaces to Existing Products.
e. Acknowledge letter of appreciation to Chief Land from Deloris Vincent regarding drag racing on Farrall Street.
f. Approve recommendation by Judge Jones for hiring of city marshal.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Consent Agenda Item No. 1 (a-f), inclusive, be approved. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“George Webster Day”
April 18, 2002
(accepted by Judy Harrell, Salvation Army)
Mayor Harden acknowledged and accepted a framed picture of a “geisha girl” from Nikaho, Japan, our Sister City.
Assistant Airport Manager Lori Roach presented Mayor Harden with the “Airport of the Year” award from the Federal Aviation Administration in recognition of outstanding contributions to the enhancement of aviation in Oklahoma. The plaque reads:
Presented to
SHAWNEE MUNICIPAL AIRPORT
In recognition of your outstanding
contribution to the enhancement
of aviation in Oklahoma,
SHAWNEE MUNICIPAL AIRPORT
is recognized as
outstanding Oklahoma Airport 2001
Your performance in support of aviation
in Oklahoma has contributed significantly to
assuring the future growth and efficiency
of the National Air Transportation System
Arkansas/Oklahoma ADO
Southwest Region
Federal Aviation Administration
AGENDA ITEM NO. 3: Discuss and consider the reallocation of monies designated for the multi-purpose building at the Expo Center toward building activities center for Shawnee youth.
For discussion purposes only, a motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to reallocate monies designated for the multi-purpose building at the Expo Center toward building an activities center for Shawnee youth.
Commissioner Claybrook reasoned that since attending the “Youth Speaks Out” forum, monies should be allocated for a youth facility which would be more beneficial in the future rather than building the multi-purpose.
Commissioner Milburn questioned whether the multi-purpose building could also include the youth facility. And he suggested looking at other facilities such as the YMCA.
Commissioner Pettyjohn commented that it was clear that the monies for the four capital improvements project was to be utilized for those projects, and he then withdrew his second to the motion.
Mayor Harden asked for another second to the motion on the floor, since there was not, the motion died for lack of a second.
AGENDA ITEM NO. 4: Consider the establishment of a Youth Committee to work toward a youth facility and approve the following appointments as the initial committee members with additional members to be added at a later date: John Greenwood, Gateway Youth Coordinator; Robert Pettyjohn, City Commissioner, Ken Etchieson; Expo Center Director, Hillary LaRue, student; Trisha Johnson, student; and Chris Harden, Mayor.
Mayor Harden proposed forming a Youth Committee to work toward the establishment of a youth facility. The committee is to be made up of adults interested in the youth as well as high school and junior high school students. City staff will be used as a resource.
Mayor Harden urged strong participation from the students as committee members and working from the ground floor on the project will be a learning process for the students.
She stated that the committee’s responsibilities would involve determining criteria for a youth facility; research youth facilities in other cities similar to Shawnee to determine how a youth facility would be maintained and supervised; research current buildings in Shawnee to determine possibilities of use; research new buildings; set guidelines and rules for operations; and determine and locate funding.
The mayor’s appointments to the committee included John Greenwood, Gateway Youth Coordinator; Robert Pettyjohn, City Commissioner; Ken Etchieson, Expo Center Director; Hillary LaRue and Trisha Johnson, students; and Mayor Chris Harden with additional members to be added later.
She added that she had spoken to a man that is a friend of youth and he would be willing to contribute $100,000 as a matching grant toward the facility.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to establish a committee to work toward establishing a youth facility as directed by the mayor. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Milburn
NAY: None
There were at least 25 students who where in the audience regarding this item.
AGENDA ITEM NO. 5: Consider approving funding alternatives for multi-purpose building at Expo Center. (Deferred from 3/18/02 meeting).
City Manager Terry Powell gave a presentation on the third penny sales tax regarding the four capital improvement project funding and other projects as options to use for the multi-purpose building overrun since these projects would not be completed this year.
The Commission ensued discussion about the various alternative funding for the multi-purpose building. The base construction bid came in at $2,494,000 and the city’s allocation for the project was $2,265,000.
Now, Commissioner Harrod made a motion, seconded Vice Mayor Downing, to use funds from the MacArthur Airport Drive signalization project in the amount of $378,640 for the multi-purpose building.
Further discussion ensued about the commitment of the City’s share in the amount of $2,265,000.
Expo Center Director Ken Etchieson, representing the Shawnee Civic and Cultural Development Authority, told the Commission that after working with the Authority and city staff, the Authority could take out a loan and cover annual payments for ten years.
City Treasurer/Finance Director Jim Wilsie advised the Commission that with the Shawnee Municipal Authority issuing a loan to the Shawnee Civic and Cultural Development Authority, it would be the most financially feasible way to fund the overrun with payments coming out of the Authority’s event revenues.
A motion was made by Commissioner Milburn, seconded by Commissioner Weaver, to approve the $2,265,000 already allocated out of the bond plan and the Shawnee Civic and Cultural Development Authority pay for anything above that amount to build the multi-purpose building. Motion carried.
AYE: Milburn, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: Harrod
CITY COMMISSION RECESSED AT 8:35 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED AT 8:44 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 16504 Highway 102 from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit. (Applicant: Barbara Chatham) (Deferred from 3/18/02 meeting).
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 16504 Highway 102 for use as a single family residential property, a mobile home.
Mayor Harden asked if any persons wished to appear in favor or in protest of the rezoning.
No persons appeared and the public hearing was closed.
Next, Mike Southard, Community Development Director, gave the staff report noting that the Planning Commission recommended denial of the application based on the applicant not meeting the conditions in accordance with the FHA guidelines.
He noted that staff had recommended approval with the pitch, siding, and construction dates as provided by the applicant.
Mr. Southard advised that he had confirmed with the city attorney that time could not be a condition of approval and the applicant cannot be required to remove the structure within a specified period of time.
He further advised that the mobile home was located on a 70-acre property. There were no protests filed with the City Clerk.
After careful consideration, Ordinance No. 2047NS was introduced and the title read aloud.
Ordinance No. 2047NS 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: A tract of land being a part of the South Half of the Northeast Quarter (SE/4 NE/4) of Section 23, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma, being more particularly described as beginning at a point on the South line of said South Half of the Northeast Quarter (S/2 NE/4) 50.00 feet West of the Southeast Corner of said South Half of the Northeast Quarter (S/2 NE/4), said point being on the West right-of-way line of State Highway 102; thence West on said South line for a distance of 466.69 feet; thence North and parallel to said right-of-way line for a distance of 466.69 feet; thence East and parallel to said South line for a distance of 466.69 feet to said right-of-way line; thence South on said right-of-way line for a distance of 466.69 feet to the point of beginning, rezoning said property from A-1; Agricultural District A-1P, Agricultural District with conditional use permit, amending the official zoning map of the City of Shawnee accordingly.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Pettyjohn, Harrod, Weaver, Milburn, Downing, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2047NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider the appeal of Jennifer Colvin regarding the decision of Administrative Hearing Officer to condemn property located at 1253 E. Main.
Community Development Director Mike Southard gave the staff report regarding the property 1253 E. Main that was declared condemned property.
He reported on the timeline involved in the process from September 2001 through March 7, 2002, when it was declared condemned property and ordered that it be raised and removed.
In response, Mr. Joe McKimmey, attorney for Ms. Jennifer Colvin, property owner, appeared before the Commission to appeal the decision. Mr. McKimmey informed the Commission that Mr. Colvin was attempting to make repairs, but it would take some time due to financial difficulties.
Ms. Jane Wall and her sister, appeared before the Commission to speak on behalf of their elderly parents who live next door to the condemned property. They advised that the property has been a health hazard for some time.
After discussion and careful consideration, the following motion was made.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to affirm the Administrative Hearing Officer’s decision to condemn property located at 1253 East Main. Motion carried.
AYE: Claybrook, Weaver, Milburn, Downing, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 8: Consider directing staff to develop guidelines for parks improvements.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the Beautification Committee to oversee and be responsible for development of guidelines for all city parks and recommendations from the Committee would be presented and approved by the Commission. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance relating to rabies testing of vicious animals.
City Attorney John Canavan advised that the proposed ordinance would amend that the owner may elect at his/her own expense to have the animal euthanized by a licensed veterinary doctor rather than by city staff.
Ordinance No. 2048NS was introduced and the title read aloud.
Ordinance No. 2048NS entitled “An ordinance relating to rabies testing of vicious animals; amending paragraph (2) of Section 5-54, Article III, of Chapter 5 of the Code of the City of Shawnee; providing for animal to be euthanized by a licensed veterinary doctor; providing for severability and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2048NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider Bids.
The following bids were opened, read aloud and found to be as follows:
a. Shawnee City Hall Air Handling System (Open)
BIDDER AMOUNT
Natkin Services $27,890.00
Oklahoma City, OK Opt. Warranty $4,800
Redfield Refrigeration $59,659.00
Tecumseh, OK Opt. Warranty $5,778
Combs Comfort Management $17,880.00
Seminole, OK Opt. Warranty $3,590
Hardesty Team $35,271.47
Oklahoma City, OK Opt. Warranty $4,875
Kizzia Heating & Air Conditioning $60,000.00
Shawnee, OK Opt. Warranty $2,610
American Air conditioning & Heat $21,683
Shawnee, OK Opt. Warranty $4,866
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to defer the bids for the City Hall air handling system to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
b. Mowing and Cleaning Weeds and Trash (Open)
BIDDER: Carl W. McCollum, Shawnee, OK
Bid Items Amount
1. a. Cutting grass and weeds on 10,000 sq. ft. $ 50.00
or less of land area. Less than 25% of
the land shall be covered with vegetation
higher than two feet.
b. Each additional 1,000 sq. ft. of land 1.75
area up to one acre.
2. a. Cutting grass and weeds on 10,000 sq. ft. 55.00
or less of land area. More than 25% of
the land shall be covered with vegetation
higher than two feet.
b. Each additional 1,000 sq. ft. of land 1.75
area up to one acre.
3. a. Cutting grass and weeds on larger areas: 55.00
bid per acre or part thereof. Less than
25% of the land shall be covered with
vegetation higher than four feet.
b. Cutting grass and weeds on larger areas: 60.00
bid per acre or part thereof. More than
25% of the land shall be covered with
vegetation higher than four feet.
4. a. Debris removal: Each ½ ton pick-up load. 45.00
b. Disposal of vehicle tires—each. 3.50
5. Show-up fee—(to be used if cancellation of 22.50
order is made subsequent to issuance of order)
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to award the contract on mowing and cleaning weeds and trash for fiscal year 2002/03 to Carl W. McCollum, Shawnee, Oklahoma, as
the lowest and best bid. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Milburn
NAY: None
c. 2002 ¾ Ton Pickup Cab and Chassis (Open)
BIDDER AMOUNT
Joe Cooper Ford $17,881.00
Shawnee, OK
Brackeen Motors $18,095.00
Shawnee, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the bids for the ¾ ton pickup cab and chassis be referred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
AGENDA ITEM NO. 11: 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. 12: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 13: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic) Commissioners’ Comments
There was no Citizens Participation.
AGENDA ITEM NO. 14: Commissioner’s Comments.
Commissioner Pettyjohn thanked the youth for staying for the entire meeting and he questioned staff if there were plans for hiring a permanent personnel director now that James Roberts, Director of Public Safety and Administration was on military leave. He also asked about the Fire Chief’s position.
City Manager Terry Powell informed that it was undetermined at this time when Mr. Roberts would return, but he should know in 90 days if Mr. Roberts would be gone for six months or up to two years.
The manager advised that he had been in contact with a consultant to conduct personnel matters and he would make a report at the next meeting.
AGENDA ITEM NO. 15: 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. (9:49 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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