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 3, 2004 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 Vacant
Commissioner Ward 1 Commissioner Ward 2
Bob Weaver Linda Peterson
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: James Harrod
Commissioner Ward 3
INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Minutes of April 19, 2004 meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the minutes of April 19, 2004 meeting be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 2: Presentation of Resolutions of Appreciation and plaques to outgoing Mayor Chris Harden, Commissioner James Harrod and Commissioner Bob Weaver.
Vice Mayor Downing presented resolutions and plaques of appreciation on behalf of the City Commission and the citizens of Shawnee in the following order:
Resolution No. 6186 entitled “A resolution expressing appreciation for the outstanding service of Chris Harden as Commissioner of Ward Four and Mayor of the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said Chris Harden.
Resolution No. 6187 entitled “A resolution expressing appreciation for the outstanding service of Robert “Bob” Weaver as City Commissioner of Ward Four of the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said Bob Weaver.”
Resolution No. 6188 entitled “A resolution expressing appreciation for the outstanding service of James Harrod as City Commissioner of Ward Three of the City of Shawnee, Oklahoma; providing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and providing that a copy hereof be presented to the said James Harrod.”
Resolution Nos. 6186, 6187, and 6188 were unanimously approved and adopted.
AGENDA ITEM NO. 3: Swearing in of Mayor and Commissioners by Municipal Judge Robert H. Jones and presentation of Certificates of Election.
Municipal Judge Robert H. Jones conducted a swearing-in-ceremony and administered Oaths of Office to the following individuals: Chuck Mills, Mayor; Tom Schrzan, Commissioner Ward 2, Marva O’Neal, Commissioner Ward 3; and Dr. David Hadley, Commissioner Ward 4.
CITY COMMISSION NOW RECESSED AT 7:10 P.M. FOR A RECEPTION HONORING OUTGOING AND INCOMING MAYOR AND COMMISSIONERS.
CITY COMMISSION NOW RECONVENED AT 7:37 P.M. WITH ALL CITY COMMISSIONERS PRESENT.
AGENDA ITEM NO. 4: Commission Appointment of a Vice Mayor (per Article III, Section 6 of City Charter).
A motion was made by Commissioner Claybrook, seconded by Commissioner Hadley, to appoint Commissioner Linda Peterson as the Vice Mayor per Article III, Section 6, of the City Charter. Motion carried.
AYE: Claybrook, Hadley, Peterson, O’Neal
NAY: Schrzan, Mills, Downing
AGENDA ITEM NO. 5: Consider Approval of Consent Agenda.
a. Budget Amendments in Capital Improvement Fund, General Fund, Shawnee Municipal Authority Fund and 2002 Home Grant Fund
b. Transfers of Appropriations in General Fund
c. Acknowledge the following minutes:
* Shawnee Urban Renewal Authority minutes from the April 6, 2004 meeting
* Civic and Cultural Development Authority minutes from the March 18, 2004 meeting
d. Lakesite Leases:
Renewal:
Lot 8, Mosler Tract
Robert Gill & Cynthia Crook
102 Martin Luther
Oklahoma City, OK 73117
Transfers:
Lots 11 & 12 Hart Tract
To: Steve & Sheila Walker From: Ronnie Campbell
25115 Cowboy Lane 107 N. Beard
Tecumseh, OK 74873 Shawnee, OK 74801
e. Acknowledge Charter Communications rate justification filing for the introduction of new equipment.
f. Acknowledge Workers’ Compensation settlement to Richard Wakeman.
g. Authorize staff to advertise for bids the FY 2003-2004 Rehab Asphalt Streets Project.
h. Approve CDBG One-Year Action Plan for fiscal year 2004, beginning July 1 2004 through June 30, 2005.
Before considering the Consent Agenda, Commissioner Peterson requested to consider 1(d) separately.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that Consent Agenda Item No. 5 (a-h) inclusive, less (d), be approved. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
1(d), Commissioner Peterson questioned the inspection report regarding the inadequate sewer disposal system for the lakesite lease with a mobile home placed on it.
Community Development Director Mike Southard advised that the city inspector would be making re-inspections to be sure that the lessee upgrades the system to meet city requirements.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve the renewal of lakesite lease Lot 8, Mosler Tract. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 6: Mayor’s Proclamations.
Mayor Mills issued the following proclamations:
“Santa Fe Depot Centennial Celebration”
May 8, 2004
(accepted by Laquita Hackett)
“Municipal Clerks Week”
May 2 – 8, 2004
(accepted by City Clerk Diana Hallock and Deputy City Clerk Phyllis Loftis)
“Public Works Week”
May 16 – 22, 2004
(accepted by Public Works Director James Cole)
AGENDA ITEM NO. 7: Consider allocating $5,000 to match Oklahoma Arts Council Grant for renovation of Mabee-Gerrer Museum.
Planning Director Mike Southard explained that in April 2003, the Mabee-Gerrer Museum requested that the City apply for the Oklahoma Arts Council Community Challenge Grant in the amount of $5,000. There was a misunderstanding in that the museum staff believed that the City would budget to match the ($5,000) requirement. The grant was awarded, but no money was budgeted. The museum requests that the Commission allocate $5,000 to cover the match requirement.
Interim City Manager Terry Compton informed the Commission that the matching grant would qualify under economic development and funding was available.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to approve $5,000 allocation as matching funds to
the Oklahoma Arts Council Community Challenge Grant. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
ABSTAIN: Peterson
AGENDA ITEM NO. 8: Consider leasing airport property located at 1836 N. Kickapoo to Steven Quisenberry for use as a drive-by coffee and doughnut shop.
Based on staff and Airport Advisory Board’s recommendation to lease the property for $126 monthly on a five-year lease with lessee responsible for maintenance, the following motion was made.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to approve the request from Steven Quisenberry for the property located at 1836 North Kickapoo to be used for a drive-by gourmet coffee shop. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 9: Consider workers’ compensation summary information regarding purchase of therapy equipment and motorized chair replacement for Jeff Rodgers.
Safety Officer Terry Cook gave his recommendation regarding therapy equipment and motorized wheelchair replacement for Jeff Rodgers’ on-going therapy due to his injury in 1999 while on duty as a police officer.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve staff’s recommendation to purchase a motorized wheelchair from Majors Medical Supply Company in the amount of $27,826.92; and purchase therapy equipment without the pool lift from Preferred Medical Resources, Inc. for $20,677.00 for Jeff Rodgers’ continued therapy. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 10: Reconsider vote of April 19, 2004 concerning contract with District Attorney for Certified Forensic Interviewer. (Item requested by Commissioner Claybrook).
Commissioner Claybrook explained that in view of the City’s financial situation, he had reconsidered his decision from the last meeting regarding the approval of contract with the District Attorney for Certified Forensic Interviewer.
District Attorney Richard Smothermon addressed the Commission explaining the need for the interviewer in child abuse cases that would help Shawnee and surrounding communities. He informed that area towns in Pottawatomie and Lincoln counties had made funding commitments as well.
A motion was made by Commissioner Claybrook to reconsider the vote of April 19, 2004, concerning the contract with District Attorney for Certified Forensic Interviewer. The motion died for lack of a second.
AGENDA ITEM NO. 11: Consider contract with District Attorney regarding Certified Forensic Interviewer.
This item determined a moot point based on previous agenda item.
AGENDA ITEM NO. 12: Consider hiring Cobb Engineering and Palmer Security Consulting to assist staff in preparing Vulnerability Assessment regarding public water system.
Public Works Director James Cole informed the Commission that Federal law, the Bio-terrorism Act, requires the public water systems submit a Vulnerability Assessment (VA) to the Environmental Protection Agency (EPA) for public water systems serving a population of 3,300 to 50,000.
He advised that the assessment will be due June 30, 2004 and that staff recommends Cobb Engineering and Palmer Security Consulting be retained to work with city staff to prepare the assessment.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to hire Cobb Engineering and Palmer Security Consulting to assist staff in preparing Vulnerability Assessment regarding public water system as required by federal regulations. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 13: Consider a resolution requesting the Oklahoma Department of Transportation to concur in the programming of Kickapoo Street from Interstate 40 to 45th Street.
Resolution No. 6189 was introduced and the title read aloud.
Resolution No. 6189 entitled “A resolution requesting the Oklahoma Department of Transportation Commission to concur in the programming and selection of a road construction project described as five (5) laning of Kickapoo Street (SH3E) from Interstate 40 to 45th Street, including any drainage or other street improvements necessary to accommodate the 5-laning of Kickapoo; and declaring an emergency.”
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution No. 6189 duly passed and adopted.
AGENDA ITEM NO. 14: Consider a resolution requesting the Oklahoma Department of Transportation to concur in the programming of MacArthur Street from Kickapoo Street to Airport Drive.
Resolution No. 6190 was introduced and the title read aloud.
Resolution No. 6190 entitled “A resolution requesting the Oklahoma Department of Transportation Commission to concur in the programming and selection of a road construction project described as MacArthur Street paving project from Kickapoo to Airport Drive and to relocate Keathly Drive to align with Airport Drive, providing for signalization of intersection, including any drainage and other street improvements necessary to accommodate the safe and orderly movement of traffic on MacArthur Street from Kickapoo Street to Airport Drive, and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution No. 6190 duly passed and adopted.
AGENDA ITEM NO. 15: Consider appointing Chuck Mills, Tom Claybrook and David Hadley to a review committee to review city manager applications.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to appoint Chuck Mills, Tom Claybrook, and David Hadley to a review committee to review city manager applications. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 16: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
Under New Business, Commissioner Schrzan brought to the Commission’s attention that it would be feasible to hire or listen to professional firms that could offer its services to search for a city manager.
Commissioner Schrzan noted that by hiring such a firm, it would get the best city manager available. He indicated that there would not be any cost to hear the proposals from the two firms he had research and urged the
Commission to take his request under consideration.
Upon City Attorney John Canavan’s opinion that this matter could be considered New Business, a discussion ensued.
Several questions were raised as to the time factor involved, cost involved, and the overall process the review committee would take to review the applications.
A motion was made by Commissioner Schrzan, seconded by Commissioner Hadley, that a Special Called meeting be held on Monday, May 10, 2004 at 7:00 pm in the Commission Chambers to hear presentations by the two search firms and that no action would be taken at that meeting. Motion carried.
AYE: Schrzan, Hadley, Peterson, Downing, O’Neal
NAY: Claybrook, Mills
AGENDA ITEM NO. 17: Administrative Reports.
Under Administrative Reports, Public Works Director James Cole presented a revised “Water Usage Plan” as approved by Interim City Manager Terry Compton and recommended to move the water rationing back from Level Three to Level Two which states:
“When lake levels reach 1,065 feet above sea level and/or the average weekly usage exceeds 6,500,000 gallons per day:
Residential, other than household purposes: Water usage restricted to 12:01 A.M. to 7:00 P.M. on the odd-even system with odd-numbered houses utilizing water on Monday and Thursday and even-numbered houses utilizing water on Tuesday and Friday during the above hours.
Commercial: Exterior water usage restricted in the same manner as residential use.”
Staff would be monitoring the water situation closely.
AGENDA ITEM NO. 18: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 19: Commissioners Comments.
Under Commissioners Comments, Vice Mayor Peterson questioned about an on-site training session for the City Commissioners conducted by the Oklahoma Municipal League as opposed to off-site training in June.
Interim City Manager Terry Compton indicated that staff would be checking into the on-site training in the near future.
Also Commissioner Peterson asked if a special meeting on the budget would be held. Mr. Compton responded that he hoped to have the budget ready for the May 17th meeting or a special meeting the week after. He mentioned that the audit presentation would be on the May 17 meeting agenda.
Commissioner Schrzan inquired when the Police Chief position would be filled. Interim City Manager Terry Compton advised that Police Chief Hank Land officially retired May 1st and after the city manager has been hired it would be the city manager’s duties to hire the Police Chief.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Schrzan,
that the meeting be adjourned. Motion carried. (9:26 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
________________________________
CITY CLERK
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