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, May 19, 2003 at 7:00 p.m., pursuant to notice duly posted as prescribed by law. Vice Mayor Downing presided and called the meeting to order. Upon roll call, the following members were in attendance.
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
ABSENT: Chris Harden
Mayor
INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church
FLAG SALUTE Vice Mayor Downing
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. 7.
b. Minutes of the May 5, 2003 meeting.
c. Transfer of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Sales Tax Report through May, 2003
* Utility Division Report for the month of April, 2003
* Building Inspector Report for the month of April, 2003
* City Clerk Report for the month of April, 2003
* Warrant Officer activity report for the month of April, 2003
* Shawnee Community Center report for the month of April, 2003
* Shawnee Urban Renewal Authority minutes of the April 22, 2003 meeting.
* Sister Cities Council minutes from the April 8, 2003 meeting.
* Citizen’s Advisory Committee minutes from the January 8, 2003 meeting.
* Shawnee Beautification Committee minutes from the March 3, 2003 meeting
e. Acknowledge letter from Billy Fowler to Chief Land expressing appreciation to Officer Robert Stewart for his professional conduct regarding the recovery of tools stolen from Mr. Fowler’s vehicle.
f. Acknowledge letter from Detective Sgt. James M. Brown of Tecumseh Police Department to Chief Land expressing appreciation to Sgt. Skip Vague for his assistance as a firearms instructor.
g. Authorize staff to advertise for bids for the Larkins Meadow Drainage Improvements Project from Bryan Street to Mohican Drive.
h. Authorize staff to advertise for bids for the Union Street Water Line Relocation Project from Cammack Street to Federal Street.
i. Acknowledge receipt of Department of Environmental Quality permit No. WL000063030285 for the construction of 8” water line to serve Windmill Ridge Addition.
j. Approve a resolution authorizing Mayor Chris Harden to cast votes for trustees of the Oklahoma Municipal Assurance Group.
Before voting on the consent agenda, Commissioner Peterson requested to pull (g) and (h) for separate consideration.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the Consent Agenda less (g) and (h). Motion carried.
AYE: Harrod, Pettyjohn, Weaver, Peterson, Downing, Claybrook
NAY: None
Under 1(g), City Engineer John Krywicki explained about the scope of the project that would resolve the erosion and flooding in the Larkins Meadows Addition from Bryan Street to Mohican Drive.
A motion was made by Commissioner Peterson, seconded by Commissioner Pettyjohn, to approve staff advertising for bids for the Larkins Meadow drainage improvements project from Bryan Street to Mohican Drive. Motion carried.
AYE: Peterson, Pettyjohn, Harrod, Weaver, Downing, Claybrook
NAY: None
Under 1(h), City Engineer John Krywicki explained that this project would be replacing a 6-inch with an 8-inch water line and relocation in preparation for the road project.
A motion was made by Commissioner Peterson, seconded by Commissioner Weaver, to approve advertising for bids for the Union Street Water line relocation project from Cammack Street to Federal Street. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Pettyjohn, Harrod
NAY: None
Next, an add-on proclamation was issued by Vice Mayor Downing.
“ Emergency Medical Services Week”
May 17-25, 2003
AGENDA ITEM NO. 2: City Manager’s Presentation to Employee of the Month.
Personnel Director Dave Chesher, on behalf of City Manager Terry Powell, presented a plaque and gift certificate to Gayla Duke, Accountant, as the May employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Consider request from Reginald and Sharron Knighton to reconsider the Administrative Hearing Officer’s decision to demolish the property located at 617 S. Bell.
Planning Director Mike Southard reported to the Commission that two hearings had been held for the property located at 617 South Bell and staff had worked with the owner since July 2001. Due to lack of progress on the house, the Administrative Hearing Officer ordered the property demolished.
Next, Mr. Reginald Knighton, owner, appeared before the Commission asking that they grant him a two-week extension.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to defer this item for two weeks, but the motion and second were withdrawn after further discussion and seeing the property’s condition on the power point showed by staff.
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to affirm the Administrative Hearing Officer’s order to demolish the structure at 617 South Bell. Motion carried.
AYE: Claybrook, Peterson, Downing, Pettyjohn
NAY: Harrod, Weaver
AGENDA ITEM NO. 4: Consider an ordinance amending Section 16-138 of the Code of the City of Shawnee prohibiting parking on Sequoyah Dr. from Cherokee Dr. to Independence Ave. on both sides of the street except for loading and unloading 7:30 – 8:30 a.m. and 2:30 – 3:30 p.m. Monday through Friday - west side only. (Approved by City Commission on March 3, 2003)
Ordinance No. 2093NS was introduced and the title read aloud.
Ordinance No. 2093NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
A motion was made by Commissioner Peterson, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Peterson, Weaver, Downing, Claybrook, Pettyjohn, Harrod
NAY: None
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Harrod, Weaver, Downing
NAY: Claybrook, Pettyjohn, Peterson
Thereupon Vice Mayor Downing declared Ordinance No. 2093NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 5: Consider the establishment of a Comprehensive Plan Oversight Committee and approve member appointments.
Community Development Director Mike Southard gave an overview of the various public hearings that will be held regarding the planning of the Comprehensive Plan for the next twenty years.
Mr. Southard informed the Commission that in an effort to encourage community participation, a Comprehensive Plan Oversight Committee would need to be established. The persons being recommended for appointment are as follows:
Lance Wortham Mary Atwood Robert Slavens Jim Smith
Bob East Pat London Chester Johnston Linda Peterson
Kathy McMillan Larry Briggs Tekon McCune John Reaves
Amy Wilsie Justin Roye Amanda Miller Jennie Kovacs
He noted that the initial public hearing would be held on Thursday, May 29th at 7:00 p.m. at the Ramada Inn.
A motion was made by Commissioner Weaver, seconded by Commissioner Claybrook, to approve staff’s Comprehensive Plan Oversight Committee and appointment of members as presented. Motion carried.
AYE: Weaver, Claybrook, Pettyjohn, Harrod, Peterson, Downing
NAY: None
AGENDA ITEM NO. 6: Consider approval of budget hearing schedule.
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to approve the budget hearing schedule as follows:
June 2, 2003 (Regularly scheduled meeting)
Initial budget to Commission for review
June 5, 2003 (Special Call budget meeting at 7:00 pm)
June 16, 2003 (Regularly scheduled meeting) Public budget hearing
June 23, 2003 (Special Call to formally adopt budget at 7:00 pm) Motion carried.
AYE: Claybrook, Peterson, Downing, Pettyjohn, Harrod, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider bids for the Water Treatment Plant Phase 2 Project. (Open)
Bids for the Water Treatment Plant Phase 2 Project were opened, read aloud and found to be as follows:
BIDDER AMOUNT
BRB Contractors, Inc. $2,271,900.00
Topeka, KS
Lamar Industries, Inc. $2,090,818.00
Shawnee, OK
Public Works Director James Cole recommended to award the bid tonight contingent on the engineer’s review of the quoted amounts to be sure it is in order and to start the second phase immediately to meet the deadline for DEQ requirements.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept staff’s recommendation to award the bid for the Water Treatment Plant Phase 2 Project to Lamar Industries, Inc., Shawnee, Oklahoma, in the amount of $2,090,818.00, contingent on the consulting engineer’s review. Motion carried.
AYE: Pettyjohn, Harrod, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 8: 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. 9: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 10: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mrs. T. B. Carruth, 210 East Cammack, asked the Commission what recourse she had regarding a neighbor operating a trailer business next to her property, corner of Union and Cammack, who has built a large storage building in the front yard of his property.
Commissioners Weaver and Claybrook and staff have been involved in the past trying to help with the situation.
Community Development Director Mike Southard advised that the neighbor was in an agricultural zone and he has met all the requirements according to ordinances.
After further discussion, city staff and city attorney would research the zoning “setback” ordinances to determine if any changes could be made to address the situation in the future.
AGENDA ITEM NO. 11: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Peterson asked if the water and sewer rate reviews would be included in this budget.
City Treasurer Terry Compton responded that it would not be in this budget, but he would present at a later time.
Commissioner Weaver had three items to ask:
*Questioned on behalf of the citizens whether or not the City Commission meetings were being televised since it had been about two months since the last live telecast.
Since staff was uncertain about the status, Commissioner Weaver volunteered to contact Charter Communications.
*Requested status on the “KidSpace Park” restrooms and asked staff to get a date certain of when to start construction. Public Works Director James Cole informed that Patterson Architects had the plans.
*Questioned status of former Drakes Eyeglass building on airport property.
City Manager Terry Powell advised that even though the property cannot be declared surplus due to certain monitoring requirements of the Corporation Commission, he stated that the building probably could be torn down and bids could be requested soon.
AGENDA ITEM NO. 12: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (8:14 p.m.)
AYE: Pettyjohn, Harrod, Weaver, Peterson, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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