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| Date: 4/15/2002 | Board: City Commission | DocumentType: Minutes | Web Posted: 5/7/2002 11:37:00 AM |
BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 15, 2002 AT 7:30 P. M.
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 15, 2002 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 Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Kermit Milburn
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Bob Weaver
Commissioner Ward 4
INVOCATION Reverend Milo Steffen First Christian Church
FLAG SALUTE Mayor Harden
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. 17.
b. Minutes of April 1, 2002 meeting
c. Acknowledge the following reports and minutes:
* Sales Tax Report through April, 2002
* Utility Division Report for the month of March, 2002
* Building Inspector Report for the month of March, 2002
* City Clerk report for the month of March, 2002
* Shawnee Urban Renewal Authority minutes from the March 19, 2002 meeting
* Planning Commission minutes from the March 20, 2002 meeting
* Sister Cities Council minutes from March 12, 2002 meeting
* Shawnee Beautification Committee minutes from the March 4, 2002 meeting
d. Authorize staff to advertise for bids for uniform rental services.
e. Authorize staff to advertise for bids for the Rehab Asphalt Streets Project FY 01-02.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Consent Agenda Item No. 1 (a-e), inclusive, be approved. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Milburn
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations and Presentation.
Mayor Harden issued the following proclamations:
“Equal Pay Day”
April 16, 2002
(accepted by Becky Brown, President of BPW)
“Arbor Day”
April 20, 2002
(accepted by Tom Terry)
“Redbud Festival Day”
April 20, 2002
(accepted by Tom Terry)
“City-Wide Clean-up Day”
April 20, 2002
(accepted by James Cole, Public Works Director)
“Trash-Off Day”
April 20, 2002
(accepted by Terri Muller)
“A Day of Prayer”
May 2, 2002
(accepted by Denise Thurman and Rev. Larry Sparks)
Mayor Harden presented a Resolution of Appreciation to Guadeloupe “Pancho” DeLeon, upon his retirement for over 22 years of loyal service to the City.
Resolution No. 6136 was introduced and the title read aloud.
Resolution No. 6136 entitled “A resolution expressing appreciation to Guadeloupe “Poncho” DeLeon for over 22 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Poncho DeLeon.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the title and Resolution be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Milburn, Claybrook
NAY: None
Thereupon Mayor Harden declared Resolution No. 6136 duly passed and adopted.
Mr. DeLeon was present to accept the resolution.
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Karen Drain, City Clerk’s Office, as the April employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
Mrs. Drain expressed appreciation for the award and certificate.
AGENDA ITEM NO. 4: Introduction of the Shawnee Sister Cities delegation for the exchange trip to Nikaho, Japan from July 30 – August 6, 2002.
Mary Chancellor, Board member of the Shawnee Sister Cities Council, introduced the 14 students and one teacher selected for the exchange visit to Shawnee’s sister city of the Town of Nikaho, Japan the week of July 30 through August 6, 2002. Those selected were the following:
Meredith Vernon, SMS Natalie Shadid, Grove
Leah Henry, SMS Lindsay Cook, Grove
Elizabeth Pasquali, SMS Bethanie McLaughlin, SMS
Melanie Walker, SMS Loren Ransom, SMS
Meagen Fry, SMS Kolby White, Grove
Caitlin Harwell, SMS Hannah Davis, SMS
Eric Brown, SMS Logan Liles, SMS
Ellie Mitchell, Shawnee High School Teacher
AGENDA ITEM NO. 5: Presentation by Crawford & Associates regarding annual audit for fiscal year ending 2000-01.
Mr. Frank Crawford of Crawford & Associates, P.C., the City’s auditor, presented the annual audit entitled “City of Shawnee, Oklahoma, Annual Financial Statements and Accompanying Independent Auditor’s Report” and the “Single Audit Supplement and Independent Auditor’s Reports on Compliance and Internal Control for fiscal year ended June 30, 2001.”
Mr. Crawford gave a summary of the audit and reported that there were no significant accounting problems found.
He informed the Commission that his firm has a rating system that measure the city’s governmental accounting performance and he stated that the City of Shawnee had a rating of 7.4 which is on the higher end of the scale, with l as the lowest and 10 the highest rating.
In answer to a question about the delay of the audit, he noted that because it was the firm’s first year to conduct the audit, its auditors invested a significant amount of time studying the city in preparation for the audit.
Next, City Treasurer/Finance Director Jim Wilsie explained that the audit was not completed by the December 31 deadline due to staff turnover in the finance department, the implementation of a new computer software, and a heavy workload.
Mr. Crawford indicated that the City would not suffer financial penalty for the late audit. He noted that the Oklahoma Tax Commission did have a hold on a few months worth of the City’s gasoline sales tax revenue and a letter would be sent to the office of the State Auditor and Inspector notifying state officials the audit has been completed and the release of the funds by the OTC should follow without penalty.
No action was required by the Commission at this time. It was understood that if there were any questions after the Commission had time to review, the auditor would come back to answer their questions.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 3922 N. Kickapoo from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit for use as a child care center. (Applicant: Randy Edmonson)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 3922 North Kickapoo for use as a child care center.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning.
Several area residents voiced concerns about the potential parking problem in the alley behind the proposed child care center which would cause further water run-off problems to other properties.
Those appearing were Mmes. Karen Askins, Ruby Thomas, Margie Bath and Mr. Jim Bath.
Mr. Randy Edmonson, applicant and property owner and Ms. Tisha Williams, day care operator, spoke to the parking issue and stated that they had not planned to park in the alley.
There being no others to appear the public hearing was closed.
It was noted in that the Planning Commission and staff had recommended approval of the application and no formal written protests had been filed with the City Clerk.
After due and careful consideration, Ordinance No. 2049NS was introduced and the title read aloud.
Ordinance No. 2049NS 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: Lot Four (4), Block One (1) College View Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from R-1, Single Family Residential District to R-1P, Single Family Residential District with conditional use permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Claybrook, Pettyjohn, Harden, Milburn, Downing
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2049NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 506 S. Beard from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for sale of beer and alcohol on premises. (Applicant: David Peal)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 506 South Beard for sale of beer and alcohol on premises.
According to the agenda notes, the Planning Commission and staff had recommended approval of the application in accordance with Comprehensive Plan. There was a thirty percent (30%) protest filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning.
Several people that attend the nearby churches spoke in opposition to the rezoning. Reverend Jimmie Don Gibson represented Calvary Baptist Church, and Mr. Johnny Thunderbird, represented Trinity United Methodist Church.
Those speaking in favor of the rezoning were Mr. Bert Humphreys, owner of the property and Mr. David Peal, applicant.
Mayor Harden declared the hearing closed since there were no others to appear.
Upon consideration, a motion was made by Commissioner Milburn, seconded by Commissioner Harrod, that the application for a conditional use permit to rezone property at 506 South Beard to allow for alcohol sales and consumption on premises be denied. Motion carried.
AYE: Milburn, Harrod, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 3900 N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for sale of beer and alcohol on premises. (Applicant: Steve Thomas)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 3900 North Harrison for the sale of beer and alcohol on premises.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared.
It was noted that the Planning Commission and staff had recommended approval of the application. There were no protests filed with the City Clerk.
After careful consideration, Ordinance No. 2050NS was introduced and the title read aloud.
Ordinance No. 2050NS 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 beginning at the Northeast Corner of the South 7.55 acres of Lot W to Armourdale Addition to the City of Shawnee, Pottawatomie County, Oklahoma; thence South 200 feet; thence West 300 feet; thence North 200 feet; thence East 300 feet to the point of beginning, according to the recorded plat thereof.”
A motion was made by Commissioner Harrod, seconded by Commissioner Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Claybrook, Pettyjohn, Harden
NAY: Milburn, Downing
Thereupon Mayor Harden declared Ordinance No. 2050NS duly passed and adopted.
AGENDA ITEM NO. 9: Appearance by Andy Dearth of Charter Communications to answer questions and advise city commissioners regarding responses to complaints about cable company and Charter’s current marketing program.
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to defer Agenda Item No. 9 to the next regularly scheduled meeting. Motion carried.
AYE: Downing, Milburn, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Consider changing the name of the airport to Shawnee Regional Airport.
Ms. Lori Roach, Assistant Airport Manager, reported that Mr. Ray Cunningham, Airport FBO, suggested changing the name of the airport from “Municipal” to “Regional” now that it has a precision approach path.
She advised that the members of the Airport Advisory Board voted unanimously in favor of recommending the change; and if approved by the Commission, a letter to the Federal Aviation Administration (FAA) would be sent immediately.
A motion was made by Commissioner Harrod, seconded by Commissioner Milburn, to approve changing the name of the airport to “Shawnee Regional Airport” and proceed with making the request to the F.A.A. Motion carried.
AYE: Harrod, Milburn, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 11: Consider amending Ordinance No. 1984NS concerning lease rates for commercial activities on airport property.
Assistant Airport Manager Lori Roach requested that this item be deferred to the next meeting due to an error in the proposed percentage calculation and the amendment did not include the rate increase escalating over five years for commercial aviation leases.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to defer this item concerning lease rates for commercial aviation leases to the next regularly scheduled meeting.
AYE: Downing, Pettyjohn, Harrod, Harden, Milburn, Downing
NAY: None
AGENDA ITEM NO. 12: Consider a resolution receiving the assessment roll for the Granada Estates/ Tanglewood/ Coronado Terrace/Cedar Creek Water Improve-ment District and setting the date and time for protest hearing on said roll.
City Attorney John Canavan advised that the assessment amount had changed since the last public hearing in July, 2001, and this public hearing would confirm the amount. The date of the public hearing would be on May 6, 2002.
Resolution No. 6134 was introduced and the title read aloud.
Resolution No. 6134 entitled “A resolution of the City of Shawnee, Oklahoma, receiving the assessment roll for the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District; setting the time and place for hearing complaints or objections concerning the apportionment of benefits; providing for publication; providing for procedure for filing of objection to assessment; and providing for mailing of notice.”
A motion was made by Commissioner Milburn, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Milburn, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6137 duly passed and adopted.
AGENDA ITEM NO. 13: Consider contract with Garver Engineers to provide engineering design services on the upcoming Phase II Water Treatment Plant Improvements Project.
City Engineer John Krywicki gave an overview of the selection process for design services for Phase II of the Water Treatment Plant improvement project and reported that out of 23 proposals sent to engineering firms, there were nine that responded.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the contract agreement with Garver Engineers, Little Rock, Arkansas, in the amount of $185,000.00 to provide engineering design services on the Phase II Water Treatment Plant Improvement Project. Motion carried.
AYE: Downing, Harrod, Harden, Milburn, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 14: Consider an ordinance renaming the road which runs west off Northridge and south of Manchester Drive from Cambridge Circle to Cambridge Drive.
The purpose of renaming the road from Cambridge Circle to Cambridge Drive was to conform to the Urban and Regional Information Systems Association (URISA) guidelines for addressing. The guidelines state that no two roads shall be given the same name. This change will eliminate any confusion for first responders to E911 calls.
Ordinance No. 2051NS was introduced and the title read aloud.
Ordinance No. 2051NS entitled “An ordinance naming the road which runs west off Northridge and south of Manchester Drive “Cambridge Drive”; said “Cambridge Drive” being a continuation of the current street “Cambridge Drive” which runs to the East of Northridge; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Milburn, Downing
NAY: None
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion failed.
AYE: Harrod, Downing, Harden
NAY: Claybrook, Pettyjohn, Milburn
Thereupon Mayor Harden declared Ordinance No. 2051NS duly passed and adopted to be effective thirty days from this date.
AGENDA ITEM NO. 15: Consider authorizing Mike Southard to apply for Local Government Challenge Grant for restoration of the facade of the Ritz Theatre.
In a letter from the Shawnee Main Street Association, the Association has requested the City to apply for the “Local Government Challenge Grant” being offered from The Oklahoma Arts Council.
The grant would be used for sign renovations and for the restoration of the façade of the Ritz Theatre. Each grant is for $5,000 and must be matched at 100%. Shawnee Main Street will provide the $5,000 match requirement, but the funds and application must originate from the municipality.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to authorize Mike Southard, Community Development Director Director, to apply for Local Government Challenge Grant for restoration of the facade of the Ritz Theatre. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 16: Consider a resolution in support of Downtown Shawnee’s continued participation in the Oklahoma Main Street Program.
Resolution No. 6138 was introduced and the title read aloud.
Resolution No. 6138 entitled “A resolution supporting continued participation in the Main Street Program.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Milburn
NAY: None
Thereupon Mayor Harden declared Resolution No. 6138 duly passed and adopted.
AGENDA ITEM NO. 17: Consider Bids.
a. Air Handling System (Bid of Air Engineering, Inc.- open) (award)
Emergency Management Director Don Lynch, also in charge of the building and maintenance, informed that there was an oversight of this bid by staff when receiving bids for opening at the last meeting; therefore, it was opened and read into record as follows:
BIDDER AMOUNT
Air Engineering, Inc. $34,500.00
Oklahoma City, OK Optional Warranty-add $4,500.00
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Milburn, to award the air handling system bid to American Air Conditioning, Shawnee, Oklahoma, in the amount of $26,549.00 as the lowest and best bid to replace all three compressors in City Hall. Motion carried.
AYE: Pettyjohn, Milburn, Downing, Claybrook, Harrod, Harden
NAY: None
b. 2002 ¾ Ton pickup Cab and Chassis (award)
Public Works Director James Cole informed the Commission that the truck from Joe Cooper Ford was a one-ton truck.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to award the bid for the 2002 one-ton pickup cab and chassis bid to Joe Cooper Ford, Shawnee, Oklahoma, in the amount of $17,881.00 as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 18: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting the agenda)
There was no New Business to be considered.
AGENDA ITEM NO. 19: Administrative Reports.
There was no Administrative Reports.
AGENDA ITEM NO. 20: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Fred Martin, co-owner of Oklahoma Jet Works, lessee at the airport, had no problems with the increase in rent; but mentioned his rented hangar is extremely small in size.
AGENDA ITEM NO. 21: Consider an Executive Session to discuss workers’ compensation claims of Carla Hawkins and Justin Harvey, Case Number 2001-07129F as authorized by 25 O.S. §307(B)(4).
City Attorney John Canavan noted the Executive Session would not be necessary in the workers’ compensation claims of Carla Hawkins and Justin Harvey, due to settlement.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve the settlement agreements in the workers’ compensation claims of Carla Hawkins in the amount of $4,929.60 and Justin Harvey in the amount of $18,012.00 in accordance with 25 O.S. §307(B)(4). Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Milburn, Claybrook
NAY: None
AGENDA ITEM NO. 22: Consider matters discussed in Executive Session regarding workers’ compensation claims of Carla Hawkins and Justin Harvey pursuant to 25 O.S. §307(B)(4).
This item was not necessary due to action taken under the previous agenda item.
AGENDA ITEM NO. 23: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Milburn thanked the Commission for the opportunity to work together and serve as a Commissioner.
Commissioner Claybrook inquired about the status on the Regional Park project. Staff and city attorney advised that negotiations were still ongoing for land acquisition.
AGENDA ITEM NO. 24: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (10:20 p.m.)
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Milburn
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall.
This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.