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 21, 2003 at 7:00 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
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson
Commissioner Ward 5
INVOCATION Reverend Robert McDoulett
Trinity Baptist Church
Youth Minister
FLAG SALUTE Mayor Harden
Commissioner Weaver now present at 7:03 p.m.
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. 13.
b. Minutes of the April 7, 2003 meeting.
c. Budget Amendments in Gifts and Contributions Fund and Capital Improvement Fund
d. Transfers of Appropriations in General Fund, 2001 CDBG Grant Fund and 2002 CDBG Grant Fund.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through April, 2003
* Utility Division Report for the month of March, 2003
* Building Inspector Report for the month of March, 2003
* Warrant Officer activity report for the month of March, 2003
* Shawnee Community Center report for the month of March, 2003 and Quarterly Report for January, February and March 2003.
* Planning Commission minutes from the March 5, 2003 meeting.
* Shawnee Urban Renewal Authority minutes from the March 18, 2003 meeting.
* Sister Cities Council minutes from the March 11, 2003 meeting.
* Airport Advisory Board minutes from the December 11, 2002 meeting
f. Acknowledge receipt of a Permit No. SL000063030213 from the Oklahoma Department of Environmental Quality for the construction of 107 linear feet of 8” sewer line and appurtenances to serve Car-Mart 1 Subdivision.
g. Approve Shawnee Regional Airport lease agreement renewals with Oklahoma Jet Works and Shawnee Little Theatre, Inc.
h. Approve recommendation from Sister Cities Council to pay expenses for an additional teacher for the Nikaho, Japan exchange trip.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve Consent Agenda Item No. 1 (a-h), as presented. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamations:
“Shawnee Garment and Round House Overall’s 100th Anniversary”
April 24, 2003
“Relay for Life Day”
April 25, 2003
(accepted by Wanda Hill, Chairwoman of Relay for Life Day committee)
“Equal Pay Day”
April 25, 2003
(accepted by Diane Beesley, representative of Cartwright High Noon BPW)
“City Wide Clean-Up Day”
April 26, 2003
(accepted by Robert Rimer, Public Works Operations Superintendent)
“A Day of Prayer”
May 1, 2003
(accepted by Denise Thurman)
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month.
City Manager Terry Powell presented a plaque and gift certificate to Elizabeth A. “Toni” Gray, Administrative Secretary, as the April employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
Mrs. Gray accepted and thanked the Commission and also thanked her co-workers for nominating her.
AGENDA ITEM NO. 4: Introduction of the Sister Cities student delegation for the exchange trip to Nikaho, Japan from July 30 – August 6, 2003.
Ms. Mary Chancellor, Board member of the Shawnee Sister Cities Council, introduced the 14 students and two teachers selected for the exchange visit to Shawnee’s Sister City Nikaho, Japan. Those selected were the following:
Nicholas Copeland Kinsey Freeman
Eric Haley Carrie Harder
Spencer Hatch Kimberly Marshall
Timothy O’Gwynn Megan Stewart
Derek Roberts Kelsie Tucker
Richard Ruiz Amanda Gerards
Andrew Brown Caitlin Steer
Linda Haselwood, Shawnee Middle School Teacher
Shana Hileman, Grove School Teacher
Billye Sue Hatch, Shawnee Sister Cities Council Representative
AGENDA ITEM NO. 5: Consider the appeal of Jeramie Lovette regarding the Administrative Hearing Officer’s decision to order the demolition of property located at 305 S. Lincoln.
Community Development Director Mike Southard reported he as the Administrative Hearing Officer, condemned the property at 305 South Lincoln on April 10, 2003 and ordered that the structures and pool be razed and removed. The owner was given until April 3rd, to complete the work and to date very little work had been done.
Mr. Jeramie Lovette, on behalf of Rose Mary Lovette, property owner, appealed to the Commission to allow him more time to bring the house up to code.
Ms. Anita Bertram, neighbor to the property, spoke in favor of the demolition, stating that this property has been for some time a public nuisance and danger, especially to her foster children, who play in the front yard. She informed the Commission that there is raw sewage, unsafe pool, and constant break-ins of the unsecured house.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve the recommendation of the Administrative Hearing Officer that the structures and pool be razed and removed. Motion carried.
AYE: Weaver, Downing, Claybrook, Harden
NAY: Pettyjohn
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning the property located at 1105 N. Harrison from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District for use as a mini-storage facility. (Applicant: James McLeod).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone the property located at 1105 North Harrison for use as a mini-storage facility.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the hearing was closed.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2092NS was introduced and the title read aloud.
Ordinance No. 2092NS 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 One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), and Eight (8), Block Two (2) Harrison Avenue Addition to the City of Shawnee, Pottawatomie County, Oklahoma according to the recorded plat thereof rezoning said property from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2092NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider approval of the CDBG One Year Action Plan for fiscal year 2003 beginning July 1, 2003 through June 30, 2004.
The Commission reviewed in the agenda packet the summary of the CDBG FY 2003 One Year Action Plan which gave a description of the key proposed projects to be funded.
It was written in the summary that the City of Shawnee, Shawnee Urban Renewal Authority was expecting to receive $494,000 from the U.S. Department of Housing and Urban Development (HUD) for fiscal year 2003.
It is anticipated that generation of an additional $18,000 in program income would create a total available funding amount of $512,000.
The key projects listed were the owner/occupied rehabilitation, affordable homes, homeless needs; and economic development.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to approve the CDBG One Year Action Plan for fiscal year 2003 beginning July 1, 2003 through June 30, 2004. Motion carried.
AYE: Claybrook, Weaver, Downing, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 8: Consider authorizing staff to negotiate a contract with Hornbeek Larrson Blatt Architects and Cardinal Engineering to prepare construction designs for Phase One of the Regional Park in which the City would use to solicit construction bids.
Community Development Director Mike Southard advised the Commission that staff will work with the consultants to determine what can be accomplished by city staff or by outsourcing to a third firm at a reduced rate on the regional park project.
He advised that once negotiations have been completed the contract would be brought back to the Commission for final approval.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to authorize staff to negotiate a contract with Hornbeek Larrson Blatt Architects and Cardinal Engineering to prepare construction designs for Phase One of the Regional Park. Motion carried.
AYE: Pettyjohn, Weaver, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 9: Consider authorizing staff to submit the Local Challenge Grant to the Oklahoma Arts Council to renovate the Mabee-Gerrer Museum permanent gallery space.
According to agenda notes, the Oklahoma Arts Council offers grants to municipalities up to $5,000, which must be matched by the community, to promote and increase knowledge of the arts.
It was noted that the Mabee-Gerrer Museum would provide the match requirement. This grant will improve the museum’s ability to showcase art exhibitions and promote tourism in the community.
Last year the grant was received to rehabilitate the Ritz Theatre façade.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to authorize staff to submit the Local Challenge Grant application to the Oklahoma Arts Council to renovate the Mabee-Gerrer Museum. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
City Manager Terry Powell reported to the Commission that after getting authority from the Commission to get the costs on modifying the library doors for handicap accessibility, he stated that it would cost $3,300 to modify the doors and the funds would come from the contingency funds.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, for staff to proceed with modifying the south library doors for handicap accessibility as recommended by the city manager. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 11: Consider authorizing City Attorney to proceed with legally obtaining Larkins Meadow pool.
Community Development Director informed the Commission that The Larkins Meadow Recreation Association, which owns the land, has gone defunct.
As a result, the pool has become a public nuisance. He advised that last year the city crew drained the pool and mowed the property, which the City now has a lien placed on it.
It was staff’s opinion that the property will continue to be a nuisance unless addressed; therefore, staff was recommending to foreclose on the property and control its use.
The Commission discussed the possible uses of the property, with options such as renovating for a “Kiddie pool,” skateboard park, or demolish pool and sell the property.
Ms. Tracy McDaniel, city attorney representative, responded that City Attorney John Canavan had started checking into the legal issues of who to send notifications to since someone has been paying on the property taxes.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to authorize the city attorney to proceed with legally obtaining Larkins Meadow property. Motion carried.
AYE: Pettyjohn, Weaver, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 12: Consider authorizing staff to direct OGE to remove and place underground all their overhead power lines and facilities along the Bell Street Streetscape corridor from approximately 7th Street to north of 9th Street.
City Engineer John Krywicki informed the Commission that as part of the design for the Bell Street Streetscape project, OGE’s overhead electric lines and alley crossings were decided to be placed underground in order to remove unsightly obstacles that would distract from the overall streetscape beautification project.
He reported that OGE is the only entity that can do the work; thus, the city was unable to include the work in the project specifications and bid quantities that would be let for bid.
Mr. Krywicki noted that if the Commission agreed, then staff would direct OGE to perform the work. He stated the estimated cost was approximately $180,000, which the city would reimburse OGE for the costs to complete the relocations.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to authorize staff to direct OGE to remove and place underground all their overhead power lines and facilities along the Bell Street Streetscape corridor from approximately 7th Street to north of 9th Street. Motion carried.
AYE: Weaver, Pettyjohn, Harden, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 13: Consider bids received for the Resurfacing of Four Tennis Courts at Paul Duffield Tennis Complex (Open).
The following bid for resurfacing four tennis courts at Paul Duffield Tennis Complex was opened, read aloud and found to be as follows:
BIDDER AMOUNT
John Henzel T.C.S., Inc. $18,000.00
Tulsa, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to defer to staff the bid for resurfacing four tennis courts at Paul Duffield Tennis Complex for further study and report at the next meeting. Motion carried.
AYE: Downing, Pettyjohn, Harden, Weaver, Claybrook
NAY: None
AGENDA ITEM NO. 14: 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. 15: Administrative Reports.
There were no Administrative Reports.
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: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn had observed that several street lights are out all over town and asked what the procedures were to notify OGE, since the city pays a good sum of money for lighting.
Public Works Operations Superintendent Robert Rimer advised that when the city receives calls from the community, they go and check the lights. He was not sure about OGE’s process.
Commissioner Claybrook asked for an update on the employee city cell phone usage.
City Treasurer Terry Compton advised that roughly $17,000 was owed to the city and invoices from the Treasurer’s office were being prepared to be sent to the employees for reimbursement to the City.
AGENDA ITEM NO. 18: 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. (8:09 p.m.)
AYE: Downing, Pettyjohn, Harden, Weaver, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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