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, September 15, 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
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Captain Gargis
Salvation Army of Shawnee
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the September 2, 2003 meeting.
b. Budget amendments in Gifts and Contributions Fund and General Fund
c. Transfer of Appropriations in 2002 CDBG Entitlement Grant Fund
d. Acknowledge the following reports and minutes:
* Sales Tax Report through September, 2003
* Utility Division Report for the month of August, 2003
* City Clerk Report for the month of August, 2003
* Warrant Officer activity report for the month of August, 2003
* Shawnee Community Center report for the month of August, 2003.
* Shawnee Urban Renewal Authority minutes of the August 19, 2003 meeting.
* Shawnee Beautification Committee minutes of the July 7, 2003 meeting
* Sister Cities Council minutes of the August 12, 2003 meeting
* Airport Advisory Board minutes of the June 11, 2003 meeting
e. Acknowledge Pioneer Library System annual audit for fiscal year ending June 30, 2003.
f. Authorize staff to apply for Oklahoma Department of Commerce Community Lighting Grant.
g. Approve out-of-state travel for Mike Southard to attend the Texas Chapter of the American Planning Association conference in San Antonio, Texas from October 1- 3, 2003.
h. Approve out-of-state travel for David Dean to attend an Advanced Life Support/Hazmat Incident Management course at the National Fire Academy in Emmitsburg, Maryland from October 20 – 31, 2003.
i. Approve out-of-state travel for Hank Land to attend International Chief of Police meeting in Philadelphia, Pennsylvania, October 21 - 25, 2003.
j. Approve contract with Housing Authority for the provision of supplemental police services.
k. Acknowledge recommendations from the Airport Advisory Board from the September 10, 2003 meeting.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 1 (a-k). Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Harden issued the following proclamations:
“Constitution Week”
September 17 – 23, 2003
(accepted by Patti Hillhouse)
“Sister Cities Days”
September 24 – 29, 2003
(accepted by Billye Sue Hatch, Sister Cities Chair)
Presentation of trophy to City of Shawnee team for winning first place in United Way Volleyball Tournament. (Brandi Parsons, City’s United Way coordinator presented trophy to Mayor Harden)
AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month.
City Manager Terry Powell presented a plaque and gift certificate to Charles Stephens, Expo Center Maintenance I, as the September employee of the month in recognition of his excellent and dedicated service to the City of Shawnee. Mr. Stephens was present to accept.
AGENDA ITEM NO. 4: Consider request from Oasis Realty Inc. for proposed property development (Deferred from 8/18/03 and 9/2/03).
Mr. Bill Simpson, Director of National Development Council Housing and Economic Development Corporation of New York City, and Alvin Vence of Oasis Realty, Inc. of Midwest City, were present to request the proposed $4 million low-income apartment complex at Independence and Minnesota.
Mr. Dan Marker who lives on Independence Street spoke on behalf of several residents opposed to the apartment complex. There were five others who also spoke in protest of the development. Speaking for the development was Don Paris, owner of the property.
The protest on the project focused on traffic concerns, water problems, and increased crime.
Mr. Bill Simpson, a representative of the New York financiers, gave the Commission financial reports on NDC Housing and Economic Development Corp. along with a series of pictures of projects the company had financed elsewhere. He said his company operates by obtaining tax credits and selling them at 20 percent profit to those who need to mitigate their federal taxes.
In order to get the credits, he stated that the commitment of NDC remain involved for 15 years and follow strict guidelines on management and tenants.
Community Development Director Mike Southard was asked by the Commission about the traffic on Independence Street and he advised that there were several other collector streets that have a greater volume of traffic than Independence.
Concluding, majority of the Commissioners were not opposed to the development, but they also represented the people and it was apparent that the neighborhood did not want the development in their area.
The vote was taken in the following item.
AGENDA ITEM NO. 5: Consider a resolution supporting tax credit award for housing development project proposed by Oasis Realty Inc.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, to deny the resolution supporting tax credit award for housing development proposed by Oasis Realty, Inc. for the low-income apartment complex. Motion carried.
AYE: Pettyjohn, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 6: Consider a resolution to provide maintenance of new traffic signals at US-177 and Acme Road and US-177 and MacArthur Street.
Resolution No. 6175 was introduced and the title read aloud.
Resolution No. 6175 entitled “A resolution requesting the State Transportation Commission to concur in the programming and selection of traffic signal projects for construction and submit the same to the Federal Highway Administration for approval; and setting forth agreement of the City.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Resolution No. 6175 duly passed and adopted.
AGENDA ITEM NO. 7: Consider FAA Project grant AIP #3-40-0088-008-2003 and grantee’s share ($12,980.00) of airport fencing project.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, to approve FAA Project grant AIP #3-40-0088-008-2003 and grantee’s share ($12,980.00) of airport fencing project. Motion carried.
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 8: Consider FAA Project grant AIP #3-40-0088-007-2001 and grantee’s share ($3,204.00) of airport layout plan.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to approve FAA Project grant AIP #3-40-0088-007-2001 and grantee’s share ($3,204.00) of airport layout plan. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 9: Consider staff’s recommendation to classify receivable from the Shawnee Civic and Cultural Development Authority payable to the City of Shawnee general fund in the amount of $131,275 as a permanent transfer of funds to comply with Governmental Accounting Standards Board (GASB) Statement 34.
A motion was made by Commissioner Peterson, seconded by Commissioner Harrod, to approve a permanent transfer of fund to comply with Governmental Accounting Standards Board (GASB) Statement 34 from the Shawnee Civic and Cultural Development Authority payable to the City of Shawnee general fund in the amount of $131,275.00. Motion carried.
AYE: Peterson, Harrod, Harden, Weaver, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 10: Discussion and possible action on a resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority (The “Authority”) in the principal amount of $395,000 by the issuance of its Sales Tax Revenue Note, Series 2003 (The “Note”); waiving competitive bidding with respect to the sale of said note and approving the proceedings of the Authority pertaining to the negotiated sale thereof; approving and authorizing execution of a sales tax agreement between the City of Shawnee and the Authority pertaining to the year-to-year pledge of certain city sales tax revenues; and containing other provisions relating thereto.
Resolution No. 6176 was introduced and the title read aloud.
Resolution No. 6176 entitled “A resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority (The “Authority”) in the principal amount of $395,000; waiving competitive bidding with respect to the sale of the Authority’s Sales Tax Revenue Note, Series 2003 and approving the proceedings of the Authority pertaining to the sale thereof; approving and authorizing execution of a sales tax agreement by and between the City of Shawnee, Oklahoma (The “City”) and the Authority pertaining to the year-to-year pledge of certain sales tax revenues; establishing the City’s reasonable expectation with respect to the issuance of tax-exempt obligations by or on behalf of said City in calendar year 2003, and designating the note as a qualified tax-exempt obligation; and containing other provisions relating thereto.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6176 duly passed and adopted.
AGENDA ITEM NO. 10: 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. 11: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 12: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Robert Bowles, 1903 East 7th Circle, requested that the city codes change its laws to reflect the Federal governments laws declassifying wolves as endangered or extinct animals. He stated that he has two domesticated wolves and he would like the ordinance changed to allow him to keep the wolves so he would not be fined and be within the laws.
Mayor Harden referred his request to legal counsel and the police chief.
AGENDA ITEM NO. 13: Commissioners Comments.
Under Commissioners Comments, Commissioner Weaver complimented Daniel Shaughnssey dba VideoDans on the good job he was doing in broadcasting the City Commission meetings.
Commissioner Pettyjohn mentioned that recently the City of Oklahoma City raised its fine up to $150 for illegally parking in the handicap parking spaces and he suggested making that change in the city’s ordinance.
AGENDA ITEM NO. 14: 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. (8:55 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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