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, February 7, 2000 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Glen Pence
Hospice of Shawnee
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 11.
b. Minutes of January 18, 2000, meeting
c. Acknowledge the following reports and minutes:
* Building Inspector Report for the month of January, 2000
* City Clerk Report for the month of December, 1999
* Planning Commission minutes of December 22, 1999 meeting
* Civic and Cultural Development Authority minutes of December 16, 1999 meeting
* Traffic and Transportation minutes of November 23, 1999 meeting
* Shawnee Public Library Board minutes of October 12, 1999 meeting
* Shawnee Urban Renewal Authority minutes of January 4, 2000 meeting
* Citizens Advisory Committee minutes of January 5, 2000 meeting
d. Lakesite Lease Transfer:
Lot 7 Hart Tract
From: Jimmy & Clarice Brock To: Eliam & Kathleen Moore
18405 Rock Creek Road 104 Hart Road
Shawnee, OK 74801 Shawnee, OK 74801
e. Recommendations from the Traffic and Transportation Commission meeting of January 25, 2000:
1) Reconsideration of request from the Downtown Association to study Beard Street from Main to 9th for change from parallel parking to angle parking. (Deferred from November 23, 1999 meeting)
Recommendation: To submit request to Oklahoma Department of Transportation for their consideration for 30 degree angle parking with no turning lanes from Main to 9th on Beard Street.
2) Consider request from Mr. Paul McKinney, Mr. Ron Elrod and Mr. Gordon Biswell, 9 East 9th for two handicap parking spaces on the south side of 9th Street from Bell west.
Recommendation: To move two of the existing handicap parking spaces to the northeast corner of parking lot “B” and provide access route to 9th Street.
3) Reconsider request for traffic signals at the intersection of Bryan and MacArthur streets.
Recommendation: To deny request for traffic signals at the intersection of Bryan and MacArthur. Based on the traffic study results signal lights are not warranted.
f. Approve out of state travel for Randy Brock, Rocky Kernell and James Cole to attend EPA Pretreatment Seminar in Albuquerque, New Mexico, March 20-22, 2000
g. Approve out of state travel for Hank Land to attend Community Oriented Policing Services workshop in Austin, Texas, February 28 - 29, 2000.
h. Authorize staff to advertise for bids for replacement vehicles for the Public Works Department
i. Acknowledge letter from Department of Civil Emergency Management to James Roberts regarding State and Local Assistance funding approval
j. Mayor’s Appointments:
Citizens Advisory Board
Appoint Ronny Jones to a term to expire 5/3/02
Shawnee Community Center Advisory Committee
Re-appoint Barbara Collins to a term to expire 8/1/02
Re-appoint Vicky Rader to a term to expire 8/1/01
Zoning Board of Adjustment
Appoint Jeremiah T. Nichol to replace Mark Dickinson to a term to expire 6/1/01
Before the Consent Agenda was considered, Commissioner Claybrook requested items (f) and (g) be pulled and discussed separately.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve the Consent Agenda less items (f) and (g). Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
Under (f), Commissioner Claybrook asked if it was necessary for three employees to attend the EPA Pretreatment Seminar.
In response, Public Works Director James Cole stated that there are certification requirements that the employees need to obtain to be in accordance with EPA requirements. And he noted that there would not be any registration fees and travel would be by city vehicle.
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to approve the out of state travel for three employees to attend an EPA Pretreatment seminar in Albuquerque, New Mexico from March 20-22, 2000. Motion carried.
AYE: Claybrook, Roach, Downing, Gillham, Young, Harden, Winrow
NAY: None
Under (g), Commissioner Claybrook commented that he was not aware of the grant that was mentioned in the memo from Police Chief Hank Land.
Police Chief Hank Land advised that the City had received a $50,000 grant from the Department of Justice several years ago to make officer deployment more effective and recently the grant has been used for technology upgrades.
The Department of Justice is encouraging grant recipients to attend the Office of Community Oriented Policing Services (COPS) workshop in their geographic area which provides a range of training and technical assistance opportunities.
Police Chief Land informed that there would not be a registration fee and he would travel by vehicle.
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to approve out-of-state travel for Hank Land to attend the Community Oriented Policing Services workshop in Austin, Texas on February 28 and 29, 2000. Motion carried.
AYE: Claybrook, Roach, Downing, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 2: Presentation of certificates by Oklahoma Municipal League Executive Director Emeritus Bill Moyer to Melvin E. McCray, Charles E. Norton, Bennie C. Dockery, William Kuykendall and Robert C. Rimer for 25 or more years of service as an employee of the City of Shawnee.
Mr. Bill Moyer, Oklahoma Municipal League Executive Director Emeritus, presented pins and certificates of appreciation to Melvin E. McCray, Charles E. Norton, Bennie C. Dockery, William Kuykendall and Robert C. Rimer for 25 years or more of service as an employee of the City of Shawnee.
Mr. Moyer stated that these individuals would be added to the list of OML Honor Roll of Service that is placed in a binder at the OML office in Oklahoma City.
Mr. Dockrey and Mr. Rimer were present to accept their certificates and pins and Fire Chief James Roberts and Public Works Director James Cole accepted on behalf of those not present.
AGENDA ITEM NO. 3: Mayor’s Proclamations:
Mayor Harden issued the following proclamations:
“Community Heroes Day”
February 10, 2000
(accepted by Sharla Hall)
“American Heart Month”
February, 2000
(accepted by John Canavan, Shawnee Heart Walk Chair)
AGENDA ITEM NO. 4: Presentation of Shawnee Economic Development Foundation annual report by Mr. Larry Briggs, Chairman.
Shawnee Economic Development Foundation President Mr. Bob Jones presented the annual report in Mr. Larry Brigg’s absence.
Mr. Jones presented to the Commission the Annual Report of activities from January 1 through December 31, 1999.
He highlighted the following areas:
*Established Industries-Expansion/Retention Programs
worked with 24 established industries with 9 industries completing expansions in 1999 or currently expanding
*Infrastructure Industrial Parks and Facilities
City of Shawnee has spent over the last seven years approximately $8.9 million on infrastructure (roads, water, sanitation services) for industrial parks and the passage of the capital improvements penny tax in March 1999 will insure future economic development
*Marketing and Recruitment
SEDF staff attended trade shows, made call trips, sent direct mailings, and placed advertisements in various journals and magazines throughout the year to promote economic development for Shawnee
*Financial Summary-Total cash available for 2000-$228,992.56 (cash on hand and assets) and SEDF budget for 2000 is $173,760.00
*Action Plan 2000-Support areas-includes a five-year list of areas that need SEDF’s attention and goals to obtain
In conclusion, Mr. Jones thanked the City Commission, the City Manager and staff for their outstanding cooperation and support of the Foundation in promoting economic development for the greater Shawnee area.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 34308-A Lake Road from A-1; Agricultural District to A-1P; Agricultural District with Condition Use Permit for a mobile home. (Applicant: Donnie Heffley)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 34308-A Lake Road for a mobile home.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. Donnie Heffley, applicant, appeared to explain the purpose of his request to place a mobile home next to his property. He stated that he has a son that is diabetic and it will eventually cause his blindness.
He further stated that he and his wife will need to help their son to care for their three young grandchildren.
There being no others to appear the public hearing was closed.
Next, Community Development Director Michael Southard gave the staff report noting that the Code does not distinguish between a newer manufactured home and an older mobile home at this time. He stated that staff will update the definitions in the near future and also they plan to deal with addressing substandard lots.
He stated that in this medical situation, it would be long term and the Planning Commission and staff recommended approval. There was an 8.54% formal protests from residents within 300 feet.
Ordinance No. 1958NS was introduced and the title read aloud.
Ordinance No. 1958NS 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 described as beginning at a point 1311.0 feet north and 1811.0 feet east of the Southwest Corner of the Southwest Quarter (SW/4) of Section 13, Township 10 North, Range 2 East; thence South 440 feet; thence East 135.0 feet; thence North 440 feet; thence West 135.0 feet to the point of beginning; rezoning said property from zoning classification A-1, Agricultural District to A-1P, Agricultural District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1958NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance amending Section 1, Article IV of the City Charter to allow all resolutions and ordinance dealing with zoning decisions to go into effect immediately without the passage of an emergency measure.
Ordinance No. 1959NS was introduced and the title read aloud.
Ordinance No. 1959NS entitled “An ordinance relating to the requirement of an emergency clause for zoning ordinances and all resolutions; amending Section 1, Article IV of the Charter of the City of Shawnee, Oklahoma; deleting the requirement of an emergency clause for zoning ordinances and all resolutions to go into effect immediately upon passage and approval; providing for severability and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Gillham, Claybrook, Harden, Winrow, Roach, Downing
NAY: Young
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that Section 3, the emergency clause, be approved.
Thereupon Mayor Harden declared Ordinance No. 1959NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider an ordinance calling for a special city election for April 25, 2000 on the question of amending the City Charter to allow all resolutions and ordinances dealing with zoning decisions to go into effect immediately without the passage of an emergency measure.
Ordinance No. 1960NS was introduced and the title read aloud.
Ordinance No. 1960NS entitled “An ordinance calling for a special election in the City of Shawnee, Oklahoma for the purpose of submitting to the registered, qualified voters of said City the question of amending Section 1, Article IV of the Charter of the City of Shawnee, Oklahoma, by allowing all resolutions and ordinances relating to zoning decisions to go into effect immediately without the requirement of the passage of an emergency measure; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Title and Section 1 be approved. Motion carried.
AYE: Roach, Gillham, Harden, Winrow, Downing, Claybrook
NAY: Young
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Harden, Winrow
NAY: Young
Thereupon Mayor Harden declared Ordinance No. 1960NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider a resolution of renewal of support for the Aldridge Hotel Rehabilitation Project.
It was noted by Ms. Janelle Stafford, Executive Director of Action, Inc., that MetroPlains Properties, Inc. was applying for a grant renewal and the resolution from the City was a demonstration of community support.
Resolution No. 6059 was introduced and the title read aloud.
Resolution No. 6059 entitled “A resolution of support for the Aldridge Hotel Rehabilitation Project, a multi-unit elderly affordable housing development.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Resolution No. 6059 be approved.
Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Resolution No. 6059 duly passed and adopted.
AGENDA ITEM NO. 9: Consider a resolution renewing Ordinance No. 1396NS, the “Nine-One-One Emergency Number Ordinance” for the period of January 1, 2000 to January 1, 2003.
Resolution No. 6060 was introduced and the title read aloud.
Resolution No. 6060 entitled “A resolution renewing Ordinance No. 1396NS the “Nine-One-One Emergency Number Ordinance” for the period of January 1, 2000 to January 1, 2003.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Resolution No. 6060 be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
Thereupon Mayor Harden declared Resolution No. 6060 duly passed and adopted.
AGENDA ITEM NO. 10: Consider an emergency resolution authorizing the city attorney to levy a judgment of the Workers Compensation Court of the State of Oklahoma entered in favor of Jeffrey A. Rodgers and against the City of Shawnee in the amount of $113,782.67.
City Treasurer/Finance Director Jim Wilsie explained options available to pay the current workers compensation claims for Police Officer Jeffrey Rodgers, who was injured in the line of duty on May 10, 1999.
He first gave an overview of the histories of the fund balance, sales tax, and self-insurance.
In reference to self-insurance, Mr. Wilsie mentioned that the City had been self-insured since before 1981 due to dramatic premium increases and many cities during the late 1970’s and early 1980’s made the same decisions as Shawnee.
He covered the possible solutions as follows with precautionary considerations:
· Transfer from Contingency Fund
He stated $50,000 had already been transferred from the Contingency account to the Workers Compensation Fund and another $50,000 is expected to be transferred within the next few months to cover claims through the end of the fiscal year, which include three employees on temporary total disability. There is not enough money in the contingency account to fund all of the claims the City is facing between now and the end of the year.
· Cut Budget in Other Areas
Mr. Wilsie stated the City could try to cut the budget in other areas, however, cuts of the magnitude necessary to fund these claims would result in staff and services reduction.
· Reduce Fund Balance
The General Fund balance could be reduced but should be only be done as a last resort. The current level of the General Fund balance took five years to build and was done during a time when sales tax revenues were growing steadily. Mr. Wilsie is concerned that if reserves are depleted, it may be more difficult to build them back in the future due to the potential of reduced sales tax revenues.
· Combine Two or More Options
The most viable of these options would be to take some of the funds required for the judgment from the contingency funds and take the rest from the fund balance carryover. He advised that the disadvantage to this approach is that it is in all likelihood, a temporary fix for the problem. The City still has substantial future claims to pay.
· Place Judgment on Tax Rolls
The judgments can be placed on the citizens’ property tax rolls. The city had the ability for the past 20 years to take this option, but has never used this method nor has it been misused or taken lightly.
In conclusion, Mr. Wilsie stated that although it was an unpopular option, he was recommending that the judgment be placed on the tax rolls as the most viable solution since the City is facing an unusually large claim.
City Manager Terry Powell included that staff would be evaluating other options after an actuarial study has been done.
The Commission carefully considered the options presented and made the following decision.
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, that the with this particular claim totaling $113,782.67, that $65,000 be taken from the Contingency Fund and the remainder be taken from the Fund Balance reserves in payment of the workers compensation claims of Jeffrey A. Rodgers. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 11: Consider bids:
a. Oakland Street Project, Draper to Lindale (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to award the bid for Oakland Street Paving Project, Draper to Lindale to S.E.A. Construction, Edmond, Oklahoma, in the amount of $124,729.21 as the lowest and best bid. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
The following bids were opened, read aloud and found to be as follows:
b. One 2000 motor grader (open)
AMOUNT
BIDDER PER MONTH
Darr Equipment Company $1,500.00
Oklahoma City, OK
C. L. Boyd Company, Inc. $1,976.59
Oklahoma City, OK
G. W. VanKeppel Company $1,450.00
Kansas City, KS
A motion was made by Commissioner Young, seconded by Commissioner Winrow, that the bids for the motor grader be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Young, Winrow, Roach, Downing, Claybrook, Gillham, Harden
NAY: None
c. Milling/resurfacing paving project – various streets (open)
BIDDER AMOUNT
Vantage Paving, Inc. $559,990.00
Oklahoma City, OK
S.E.A. Construction Corp. $476,300.00
Edmond, OK
Shears Construction Company $518,525.00
Shawnee, OK
ENGINEER’S ESTIMATE: $490,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the bids for the milling/resurfacing paving project-various streets be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 12: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)
Under Citizens Participation, Mr. Dave Boardman, local citizen, appeared to voice his concerns with the current “panhandlers” at the Harrison Street/Hwy 18 and I-40 exit intersection.
Mr. Boardman asked if the City could prohibit this type of solicitation. He stated that these men had been in Shawnee at that location over two years.
City Attorney John Canavan was asked to research the matter and report his findings.
AGENDA ITEM NO. 14: Administrative Reports.
City Manager Terry Powell introduced Ms. Lori Bowlan, as the new executive secretary.
AGENDA ITEM NO. 15: Commissioners’ Comments.
Under Commissioners’ Comments, the following comments were made.
*Commissioner Roach commended City Manager Terry Powell and City Treasurer/Finance Director Jim Wilsie and staff for their comprehensive efforts regarding the Police Officer Jeffrey Rodgers workers compensation claim item.
*Commissioner Winrow commented about the street improvements and stated that citizens have told her they were seeing positive results from the one-cent sales tax.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:34 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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