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 20, 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 Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the October 6, 2003 meeting.
b. Budget amendment in Capital Improvement Fund and General Fund
c. Transfer of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Sales Tax Report through October, 2003
* Utility Division Report for the month of September, 2003
* City Clerk report for the month of September, 2003
* Warrant Officer activity report for the month of September, 2003 and nine month warrant report.
* Shawnee Community Center report for the month of September, 2003.
* Shawnee Urban Renewal Authority minutes of the September 16, 2003 meeting.
* Shawnee Public Library Board minutes from the July 8, 2003 meeting
* Sister Cities Council minutes of the September 9, 2003 meeting
* Planning Commission minutes from the October 1, 2003 meeting
* Traffic and Transportation Commission minutes from the August 26, 2003 meeting
e. Authorize staff to advertise for bids for 1-ton utility truck.
f. Acknowledge letter to Chief Land from Mark and Mary Jane Cannon commending Officer Dan Shoemaker for his persistence in the recovery of stolen property.
g. Approve Oklahoma Alcoholic Beverage Laws Enforcement Commission Application for mixed beverage license for Cazadorez Mexican Restaurant.
h. Acknowledge Workers Compensation Settlement with Dale Wigington.
i. Acknowledge Workers Compensation settlement with David Rodriguez.
j. Accept sub-grant from Oklahoma Office of Homeland Security in the amount of $12,000.00 for Phase 5.
k. Accept donation from the Wal-Mart Foundation in the amount of $1,500.00 to assist the Fire Department clown program.
l. Recommendations from the Traffic and Transportation Commission from the September 23, 2003 meeting:
1) Request from Joe Burlison, 9 Burlison Road, to place speed limit signs on Lake Road on the west side of Shawnee Twin Lake No. 1
Recommendation: To install 30 m.p.h. speed limit signs
2) Request from Joe Burlison, 9 Burlison Road, to place “School Bus Stop Ahead” signs on Lake Road near Burlison Road.
Recommendation: To install signs as requested; this location is not visible for 500 feet due to a hill obstruction.
3) Request from Bill Hudlow, 220 N. Pesotum, to remove “No Parking” signs from the north side of Ridgewood Street from Union Street to Bell Street.
Recommendation: To approve request.
m. Mayor’s Appointments:
Shawnee Hospital Authority
Reappoint Mark Finley to a six-year term to expire 9/30/09
Reappoint Kathy Laster to a six-year term to expire 9/30/09
Reappoint Stephen Trotter to a six-year term to expire 9/30/09
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that Agenda Item No. 1 (a-m), inclusive, be approved as presented. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“75th Annual National Business Women’s Week”
October 19 – 25, 2003
(accepted by Marie McQueeny, Shawnee BPW representative)
AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month.
On behalf of City Manager Terry Powell, Dave Chesher, Personnel Director, presented a plaque and gift certificate to Lisa Moody, Accounting Clerk, as the October employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Presentation by Steve Palmer regarding Veteran’s Day Service on November 11, 2003.
Mr. Steve Palmer, local citizen, invited the City Commissioners and all citizens to attend a Veteran’s Day service to honor all past and present veterans on November 11, 2003 from 7:30 p.m. to 9:00 p.m. at Raley Chapel on the Oklahoma Baptist University campus.
He noted that the service was set for the evening so it would not interfere with the day services of the military branches.
Mr. Palmer told the Commission that a group of private citizens had the idea to have a yearly Veteran’s Day service to show support for all the veterans. A poster was displayed that listed the Army, Navy, Air Force, Marines, and Coast Guard.
He especially emphasized that the youth needed to connect and have a greater understanding of the sacrifices made by the veterans.
Mr. Palmer stated that his group was working with local businesses and the schools to further the project. He reported that the main emphasis of the project was to gather stories from the veterans and have them recorded and sent to the Library of Congress; bridge the past to the present; instill patriotism in youth; and help fund various causes for veterans.
Mr. Palmer concluded that by having the service the community as a whole can participate in honoring and saying “thank you” to the veterans.
AGENDA ITEM NO. 5: Consider an ordinance annexing properties located east of Bryan Street between Independence Street and ½ mile north of MacArthur Street. (Applicant: City of Shawnee) (Deferred from 10/6/03).
Community Development Director Mike Southard reported that a service plan had been prepared and it was included with the ordinance for the proposed annexation area.
He outlined the service plan and timeline highlighting the following:
In accordance with Title 11, Section 21-103 of the State Statutes, cities can annex properties without consent which are immediately adjacent to the city limits if the tracts are less than 5 acre or if the territory to be annexed is surrounded on at least three contiguous sides.
The City would immediately start police and fire protection. The water and sewer services would not immediately begin in the areas but would as development occurs or an improvement district is established with the consent of over 50% of the property owners.
Zoning classifications are assigned appropriately. The land north of MacArthur will be zoned A-1 with the exception of the commercial properties fronting MacArthur which will be zoned C-3. The properties fronting the south side of MacArthur across from the commercial properties will be zoned A-1. The zoning districts will become effective immediately.
Once annexed, code enforcement and animal control will respond to complaints but property owners will be given a reasonable time to correct any conflicts.
Any building or construction work would require City permits; however, any construction already started will be allowed to finish without inspections.
There are three streets located within the territory under consideration. None of the streets are platted as public right-of-way. Two streets (Briarwood & Fisher) are not paved and the City currently maintains them. As funds become available and the need to improve the roadway exists, the City will consider both streets in the Five-Year Street Improvement Plan.
Upon discussion by the Commission, a couple of changes were made to the Plan and were acted upon before considering the annexation ordinance.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to amend the Service Plan under the heading of “Building Inspection” to omit the word “slab.” Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to amend the Service Plan under the heading “Public Streets” to include Briarwood and Fisher Streets for hard surface paving within two years. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
Ordinance No. 2107NS was introduced and the title read aloud.
Ordinance No. 2107NS entitled “An ordinance annexing certain territory and property outside the present city limits into the city limits of the City of Shawnee, Oklahoma, pursuant to Title 11 of the Oklahoma Statutes; describing said property; repealing all ordinances and parts of ordinances in conflict herewith, herewith, providing for severability and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harrod, Harden
NAY: Pettyjohn
A motion was made by Vice Mayor Downing, that Section 4, the emergency clause, be approved. The motion died for lack of a second.
Thereupon Mayor Harden declared Ordinance No. 2107NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance closing the public right-of-way between 130 N. Tucker and 202 N. Tucker. (Applicant: Bill Harris for David and Barbara Bonner)
Mayor Harden declared a public hearing in session to consider an ordinance closing the public right-of-way between 130 North Tucker and 202 North Tucker.
Mayor Harden asked if any persons wished to appear in favor of or in protest to closing the public right-of-way. 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. 2108NS was introduced and the title read aloud.
Ordinance No. 2108NS entitled “An ordinance closing to public use a portion of 9th Street in the City of Shawnee, Oklahoma; specifically describing said street; reserving the right to reopen said street; reserving utilities; and declaring an emergency.”
A motion was made by Commissioner Weaver, seconded by Vice
Mayor Downing, that the Title and Sections 1-4 be approved. Motion
carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 5, the emergency clause be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2108NS duly passed and adopted.
AGENDA ITEM NO. 7: Clarification and commissioner discussion regarding Chapter 18, Article I, Section 18-3(a) of the Code of the City of Shawnee concerning recreational vehicles.
Commissioner Harrod requested an amendment to Chapter 18, Article I, Section 18-3(a) of the Code of the City of Shawnee concerning recreational vehicles.
Community Development Director Mike Southard noted that an ordinance was adopted in 1970 prohibiting the parking of recreational vehicles in residential areas and shall not be stored in the front or side yards.
Commissioner Harrod proposed an amendment to allow parking recreational vehicles in residential areas on side yards on a hard surface.
Mr. Southard responded that staff would draft an ordinance with amendments to be presented at a later meeting for the Commission’s consideration.
AGENDA ITEM NO. 8: Consider approval of final plat of the Orchards Addition located south of Bradley Street and East of Center Street. (Applicant: R.W. Burnley of Shared Funding LLC).
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, to approve the final plat of the Orchards Addition located south of Bradley Street and East of Center Street. Motion carried.
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance amending Section 16-138 of the Code of the City of Shawnee to allow parking on Ridgewood Street from Union Street to Bell Street.
The following ordinance would remove the “no parking” designation on Ridgewood Street from Union Street to Bell Street to allow parking.
Ordinance No. 2109NS was introduced and the title read aloud.
Ordinance No. 2109NS 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 Weaver, seconded by
Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 2, the emergency clause be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2109NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider a resolution declaring certain items of personal property surplus and authorizing the sale thereof by public auction.
Resolution No. 6179 was introduced and the title read aloud.
Resolution No. 6179 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; authorizing the sale thereof pursuant to public auction; setting forth requirements as to notice.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6179 duly passed and adopted.
AGENDA ITEM NO. 11: Consider Water Treatment Plant Change Order #1.
Per Public Works Director James Cole, Change Order No. 1 for the Water Treatment Plant Improvement Project Phase 2 includes a 10 pole test switch recommended by the manufacturer and electrical contractor to provide increased maintenance capabilities for the generator and switch gear; and additional floor piping in the floor of the ozone equipment building.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve the Water Treatment Plant Change Order #1 submitted by Lamar Industries, Inc., contractor, in the amount of $2,056.00. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider Water Treatment Plant Changer Order #2.
According to Public Works Director James Cole’s memorandum, the thirty-six inch line that provides influent to the rapid mix and clarifiers was not in the location indicated on the plans; therefore, the contractor will be required to install an additional thirty-six feet of line.
In addition, the location also requires removal and replacement of the fourteen-inch line that supplies the backwash tower.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the Water Treatment Plant Change Order #2 in the amount of $15,551.00 as submitted by Lamar Industries, Inc.,
contractor. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 13: Consider Bids.
a. One or More Full Sized Police Vehicles (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the bid for one or more full sized police vehicles be awarded to Harvey’s Inc., Shawnee, Oklahoma, in the amount of $18,599.00 per vehicle as the lowest and best bid. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Downing, Claybrook
NAY: None
ABSTAIN: Peterson
b. Mowing and Cleaning Weeds and Trash (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the bid for mowing and cleaning weeds and trash be awarded to R & R Recycling, Shawnee, Oklahoma as the lowest and best bid. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, 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.
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 were no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners Comments.
Under Commissioners Comments, Commissioner Weaver invited the public to attend the American Legion’s third annual dignified flag burning ceremony at Canadian Valley Electric on Tuesday evening, October 21st.
He also requested an update of when the construction of the KidSpace Park restrooms would start. He was advised that the bids submitted were over the estimated cost.
Commissioner Claybrook reported receiving a telephone call from a citizen regarding a segment on the television news broadcast prior to tonight’s meeting that a woman had been fined $500 by the Shawnee Animal Control officer for unlawfully trapping a skunk. He requested information on the ordinance pertaining to trapping animals.
CID Lieutenant Conny Clay, spoke to the issue and informed the Commission on the requirements of the ordinance.
Mayor Harden, who had concerns about the ordinance, directed staff to place an item on the next meeting’s agenda for discussion of the ordinance regarding the trapping of animals.
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. (8:05 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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