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, March 2, 1998 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-Commissioner Ward 4
Ronald A. Gillham, Sr. Carl E. Young
Commissioner Ward 2 Commissioner Ward 3
Arnold Davis Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
ABSENT:
George D. Snider
Commissioner Ward 1
INVOCATION Reverend David Clewell St. Paul’s United Methodist Church
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 February 17, 1998 meeting
c. Transfer of Appropriations in the General Fund
d. Acknowledge the following report and minutes:
* Police Report for the month of January 1998
* Shawnee Planning Commission minutes of January 21 and February 18, 1998 meetings
* Civic and Cultural Development Authority minutes of January 15, 1998 meeting
* Shawnee Urban Renewal Authority minutes of February 3, 1998 meeting
e. Lakesite Lease Renewals
Lot 20, Belcher Tract Lot 4, Damron Tract
Bill & Paula Barnett Jack & Betty Moore
20 Post Office Neck 33803 Belcher Road
Shawnee, OK Shawnee, OK
f. Request to advertise for “mowing and debris removal contract” for public nuisances. (Renew one year with option to renew for one year)
g. Approve street maintenance dozer repairs by C. L. Boyd in the amount of $9,300.00 and waive competitive bidding.
h. Mayor’s Re-appointments:
SHAWNEE HOUSING AUTHORITY
Re-appoint Ms. Rebecca Carter to a three (3) year term to expire 2/4//2001
Re-appoint Mr. Byron Monroe to a three (3) year term to expire 2/4/2001
A motion was made Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-h), inclusive, be approved as presented. Motion carried.
AYE: Young, Downing, Gillham, Harden, Davis
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“Cathy Keating Day”
March 9, 1998
(accepted by Charlotte Patterson, Downtown Shawnee)
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Janice Carr, Shawnee Jailer, as the February “Employee of the Month” in recognition of her excellent and dedicated 13 years of service to the City of Shawnee.
AGENDA ITEM NO. 4: Presentation and consideration of City of Shawnee audited financial statements as of June 30, 1997 as submitted by Stephen Sanders, CPAs.
(Previously distributed).
Mr. Stephen H. Sanders, Certified Public Accountant, Inc., appeared before the Commission to present the City of Shawnee, Oklahoma “Comprehensive Annual Financial Report” for fiscal year ended June 30, 1997.
He reviewed the three areas that he audited which were in compliance with the Government Auditing Standards. In his report, he noted that the City’s general fund operated in the “black” and the city has a strong fund balance.
The other two audits he covered was the report on compliance and on internal control over financial reporting based on an audit of financial statements and report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133.
Concluding his report, Mr. Sanders acknowledged and expressed appreciation to the City staff members, City Manager Terry Powell, Mr. Jim Wilsie, Director of Budget and Financial Services; Ms. Bertha Ann Young, City Treasurer/Finance Director, and the accounting department staff in the assistance and preparation of the report. He thanked the Mayor and City Commission for their interest and support in strengthening and improving the fiscal policies of the City of Shawnee.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 40006 Hardesty Road from A-1, Agricultural District to C-3, Automotive and Commercial Recreation District for use as a fertilizer storage. (Applicant: Shawnee Milling Company/Bill Ford).
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 40006 Hardesty Road for use as a fertilizer storage.
It was noted that the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1863NS was introduced and the title read aloud.
Ordinance No. 1863NS 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 the Southwest Corner of the Southwest Quarter (SW/4) of Section Twenty-Five (25), Township 10 North, Range Three (3) East of the Indian Meridian, Pottawatomie County, Oklahoma; thence North 400 feet; thence East 1320 feet; thence South 400 feet; thence West 1320 feet to the point of beginning; rezoning said property from zoning classification A-1, Agricultural District to C-3, Automotive and Commercial Recreation District; 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 Davis, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Davis, Gillham, Young, Harden
NAY: None
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Young, Downing, Gillham, Harden, Davis
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1863NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 1109 South Beard from A-1, Agricultural District to C-3, Automotive and Commercial Recreation District for trucks and trailer sales. (Applicant: Steve Coker) (Continued from 1/5/98 meeting).
The Planning staff advised that the Planning Commission tabled this item to its March 4, 1998 meeting, therefore, staff requested the hearing be continued.
A motion was made by Commissioner Davis, seconded by Commissioner Young, that this item be continued to the April 6, 1998 meeting. Motion carried.
AYE: Davis, Young, Harden, Downing, Gillham
NAY: None
AGENDA ITEM NO. 7: Public hearing and consider an ordinance amending the subdivision regulations, Article VI, Sections 60.12.1 through 60.12.3 relating to drainage improvements.
Mayor Harden declared a public hearing in session to consider an ordinance amending the subdivision regulations, Article VI, Sections 60.12.1 through 60.12.3 relating to drainage improvements.
It was noted that the Planning Commission and staff recommended approval of the ordinance and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance. No persons appeared and the hearing was closed.
Mayor Harden then asked City Engineer John Krywicki to give a staff report.
Mr. Krywicki informed the Commission that the subdivision regulation ordinance was being amended to address concerns the Commission and staff had in regards to drainage requirements, in particular, open channels, and other areas that will be workable for the developers and the City of Shawnee. He noted that the new ordinance will allow more options for the developers.
After due and careful consideration, Ordinance No. 1864NS was introduced and the title read aloud.
Ordinance No. 1864NS entitled “An ordinance relating to drainage requirements in the City of Shawnee, Oklahoma; amending Sections 60.12.1, 60.12.1.1, 60.12.2, 60.12.3 and 60.12.9 of the Shawnee Subdivision Regulations; allowing primary drainage channels to be left in their natural state under certain conditions; setting detention requirements; setting the method for calculating stream flow and runoff; setting easement for secondary drainage channels; setting requirements for improving open channels; setting flow velocities in channels; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Commissioner Davis, that the Title and Sections 1-6 be approved. Motion carried.
AYE: Young, Davis, Downing, Gillham, Harden
NAY: None
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that Section 7, the emergency clause, be approved. Motion carried.
AYE: Gillham, Downing, Young, Harden, Davis
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1864NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider voiding the contract with Cowboy Concrete Construction Company on the Main Street Paving Project.
Again, Mr. John Krywicki, City Engineer, reported to the Commission that in September, 1997, Cowboy Concrete Construction was issued a “Notice to Proceed” on the Main Street paving project from Bryan to Pesotum, but they had failed to initiate working on the project and they indicated that they would not be able to start the project.
After checking into the matter, staff recommends that the contract with Cowboy Concrete be voided and the project be awarded to the second lowest bidder who agreed to perform the work at the price it had bid in June, 1997.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the contract with Cowboy Concrete Construction Company, Stillwater, Oklahoma, on the Main Street Paving Project be voided and award the contract to the second lowest bidder, S.E.A. Construction Corporation, Guthrie, Oklahoma, in the amount of $594,807.22. Motion carried.
AYE: Downing, Young, Harden, Davis, Gillham
NAY: None
AGENDA ITEM NO. 9: Consider an interlocal agreement with the City of Seminole for the 1984 Ag-chem sludge applicator owned by the City of Shawnee.
City Manager Terry Powell explained to the Commission that the City of Seminole is in need of a sludge applicator and since the Northside Wastewater Treatment Plant has a 1984 Ag-chem sludge applicator that serves as a backup to the 1993 model, it is staff’s recommendation to enter into an interlocal agreement with Seminole to rent the applicator.
He advised that the backup sludge applicator has only been used once or twice in the last four years. The City of Seminole has agreed to rent the equipment for $500 per month and maintain the equipment.
Mr. Powell noted that the term would not be limited, but the City could recall the equipment at any time and the contract will be for a one-year term with two-year renewals.
A motion was made by Commissioner Young, seconded by Commissioner Davis, to approve an interlocal agreement with the City of Seminole for the 1984 ag-chem sludge applicator owned by the City of Shawnee. Motion carried.
AYE: Young, Davis, Downing, Gillham, Harden
NAY: None
AGENDA ITEM NO. 10: Consider changing the location of the proposed Sub-Fire Station from North Center Street.
City Manager Terry Powell and Fire Chief James Roberts presented a proposal to change the location of the proposed fire sub-station from North Center Street. A map was presented for the Commission to view.
Mr. Powell explained that the basis of the recommendation to change from Center Street to the new location at Bryan Street and Independence, was due to a study that had been conducted in 1990 by the Oklahoma State University of the area to reduce the insurance based on the fire rating.
He advised that that study indicated that Bryan Street was the priority location for a new fire station.
He further advised that the reason for selecting the Center Street location site was at the time for selecting a site in the area of Bryan Street, the property prices were excessive and owners of property would not donate land. Thereafter, the City purchased property in the area of Center Street.
Since the time of the approval for building the fire sub-station on Center Street, ownership has changed at Bryan and Independence and the owners have been receptive and has agreed to donate land for the fire sub-station.
He advised that the land purchased near Center Street can be used to expand the Fairview Cemetery which is owned by the City.
Fire Chief James Roberts gave some points about the Bryan and Independence Street location is preferred due to fire trucks will be able to make the turns more easily than on Center Street and the response area does not overlap with Fire Station No. 3.
Therefore, it is staff’s recommendation to the Commission that the Bryan and Independence Street be the site for the new fire sub-station.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to change the location of the proposed Fire Sub-Station from North Center Street to the Bryan/Independence Street location. Motion carried.
AYE: Downing, Young, Harden, Davis, Gillham
NAY: None
AGENDA ITEM NO. 11: Consider bids on Hazardous Material Trailers for the Fire Department (open).
The following bid was opened, read aloud and found to be as follows:
BIDDER AMOUNT
Fire Wagons, Inc. $18,045.00
A motion was made by Commissioner Gillham, seconded by Commissioner Davis, to accept staff’s recommendation to award the bid for the hazardous material trailers to Fire Wagons, Inc., Stillwater, Oklahoma, in the amount of $18,045.00. Motion carried.
AYE: Gillham, Davis, Downing, Young, Harden
NAY: None
AGENDA ITEM NO. 12: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Under Citizens Participation, Mr. Andrew Dearth, Falcon Cable Manager, appeared before the Commission to report that the cable system upgrade was one hundred percent complete and he thanked the Commission for its cooperation.
The Commission also acknowledged student John Pratt, who was in the audience, who completed a project of pruning all the trees near the Shawnee Municipal Airport tunnel to fulfill an Eagle Scout requirement.
The Commission expressed its appreciation to John.
AGENDA ITEM NO. 13: Administrative Reports.
There were no Administrative Reports to be given.
AGENDA ITEM NO. 14: New Business.
Under New Business, Commissioner Ron Gillham made a political statement regarding Ward IV projects and how public funds are being unwisely spent. In particular, he pointed out the Walnut Street project and the East Main Street Fire Station No. 2.
Commissioner Gillham also relayed to staff that he had received a telephone complaint from a citizen who lives in the Shawnee Twin Lakes area and she had questions about the procedures of dividing property in that area. He requested staff to check into this matter.
Commissioner Young directed questions to Mr. Andy Dearth, Falcon Cable Manager, about the costs for televising City Commission meetings, since the election on televising would be on next month’s election ballot. Mr. Dearth advised that the costs could get involved and complicated depending upon what the City wanted. It could range from $20,000- $25,000 initial costs, but thereafter the costs would not be that expensive.
AGENDA ITEM NO. 15: Adjournment.
There being no further business to come before the meeting, a motion
was made by Vice Mayor Downing, seconded by Commissioner Young, that the meeting be adjourned. Motion carried. (8:30 p.m.)
AYE: Downing, Young, Harden, Davis, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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