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, July 3, 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 Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Steven Blair
Commissioner Ward 3 Commissioner Ward 4
Brad Roach 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 June 19, 2000 meeting
b. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes of May 18, 2000 meeting
* Planning Commission minutes of June 7, 2000 meeting
* Sister Cities Council minutes of May 9, 2000 meeting
* Shawnee Urban Renewal Authority minutes of June 6, 2000 meeting
* Citizen Advisory Committee minutes of May 17, 2000 meeting
c. Approve renewal of the following agreements for fiscal year 2000-2001
1) Oklahoma Beagle Club, Inc. for the wildlife habitat program
2) Town of Tecumseh for the treatment and disposal of animals coming into the possession of either party.
3) Town of McLoud for the treatment and disposal of animals coming into the possession of either party.
4) Independent School District No. 93 for maintenance of the tennis courts.
5) Youth and Family Resource Center, Inc. (Hope House) to provide services for juvenile offenders.
6) Interlocal Agreement with Pottawatomie County District Court to enable the Municipal Court to establish, develop, and implement various prevention or early intervention programs for juvenile misdemeanor offenders
7) Interlocal Cooperation Agreement with Gorden Cooper Technology Center District No. 5 (GCTC) to provide for the re-paving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
8) Project H.E.A.R.T. for operation space and utility services.
9) Twin Lakes Trap Club, Inc. for lease of trap range facilities (5 year contract)
10) South Central Industries for parks maintenance services
d. Authorize staff to advertise for bids for water treatment chemicals for FY 2000-2001
e. Mayor’s Appointment:
React Board of Directors
Appoint Vice-Mayor Robert Downing to replace Ron Gillham to a term to expire 11/1/00
There were several agreements under Item No. 1c. that the Commission requested to be considered separately.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 a-e less c. 1), 2), 3), 7), 8), 9) and 10). Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Blair, Roach
NAY: None
Under c. 1), Mr. Randy Smith, Secretary/Treasurer for the Beagle Club was present to add that the land was continuing to be used for wildlife habitat improvements.
A question was raised about the suggestion from staff for the Beagle Club to obtain a million dollar liability insurance policy.
In response, Police Chief Hank Land advised that he had spoken with the president of the Club and was advised by him that obtaining the policy would put them out of business. The Commission did not pursue the suggestion.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve the Oklahoma Beagle Club, Inc. agreement as written for a term of one year from July 1, 2000 to June 30, 2001. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None
In consideration of c.2), Commissioner Roach had pointed out to include the words “or animal” to Section 5b. “…or animal less than twelve (12) weeks;” under Item 16. to change the amount to $6.00; and to correct a typographical error.
A motion was made by Commissioner Roach, seconded by Commissioner Harrod, to approve with noted changes the agreement with the Town of Tecumseh for the treatment and disposal of animals for a contract term of one year from July 1, 2000 to June 30, 2001. Motion carried.
AYE: Roach, Harrod, Harden, Blair, Downing, Claybrook, Pettyjohn
NAY: None
Under c.3), the same corrections were to be made.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve the agreement with the Town of McLoud for treatment and disposal of animals with noted changes for a contract term of July 1, 2000 to June 30, 2001. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
In c.7), Public Works James Cole advised the Commission that the City was ahead as far as providing services to Gordon Cooper. He noted that the City continues to utilize the Vo-Tech for training.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve the interlocal cooperation agreement with Gorden Cooper Technology Center District No. 5 (GCTC) to provide for the re-paving and repair of public roadways and parking lots used by students, faculty, employees and patrons for a contract term from July 1, 2000 to June 30, 2001. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Roach, Downing, Claybrook
NAY: None
Considering c.8), City Manager Terry Powell requested to include in the contract with Project H.E.A.R.T. the amount of $500 they pay monthly to the City for rent.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve the agreement with Project H.E.A.R.T., Inc. for operation space and utility services and with noted addition of $500 for monthly rental payable to the City of Shawnee for a contract term of one year from July 1, 2000 to June 30, 2001. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Blair
NAY: None
ABSTAIN: Harden
Under c.9), it was noted that this property had a club house and facilities on it and the Trap Range Club had provided a one million dollar liability insurance.
A motion was made by Commissioner Roach, seconded by Commissioner Blair, to approve the contract with Twin Lakes Trap Club, Inc. for lease of trap range facilities for a one year term from July 1, 2000 to June 30, 200l with automatic renewals for five (5) consecutive years from and after July 1, 2001. Motion carried.
AYE: Roach, Blair, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Concluding with c.10), the Public Works Director answered questions regarding the schedule of services provided by South Central Industries.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve the agreement as written with South Central Industries, Inc. for trash pick up and restroom maintenance services for a term on one year from July 1, 2000 to June 30, 2001. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentations:
Mayor Harden made the following presentations:
Presentation of resolution expressing appreciation to William Kuykendall for 27 years of loyal service to the City of Shawnee.
Resolution No. 6075 entitled “A resolution expressing appreciation to William S. Kuykendall for 27 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 William S. Kuykendall.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
Mr. Kuykendall was present to accept his resolution.
Next, Mayor Harden presented resolutions of appreciation to Stephen Brodine and Aaron Brodine for their heroic efforts in saving the life of an accident victim.
Resolution No. 6076 entitled “A resolution expressing notable appreciation to Stephen Brodine and Aaron Brodine for their life-saving conduct in responding to a motor vehicle accident; and directing that this resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing copies hereof be presented to Stephen Brodine and Aaron Brodine.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Blair, that the Title and Resolution be approved. Motion carried.
AYE: Pettyjohn, Blair, Roach, Downing, Claybrook, Harrod, Harden
NAY: None
Both Stephen and Aaron Brodine were present to accept their resolutions. And Kara Finchum, the girl who was saved, presented them with plaques of appreciation.
Thereupon Mayor Harden declared Resolution Nos. 6075 and 6076 duly passed and adopted.
AGENDA ITEM NO. 3: Report from Mike Crawford of Crawford & Associates, P.C. concerning investigative audit of Shawnee Municipal Airport.
Mr. Michael Crawford of Crawford & Associates, P.C., Oklahoma City, Oklahoma, presented the “Independent Accountant’s Report on Applying Agreed-Upon Procedures of the Shawnee Municipal Airport Financial Activities” dated June 30, 2000 as requested by the City of Shawnee.
He distributed the written report to the Commission and gave an overview of the firm’s findings regarding an anonymous memorandum received in March 2000 by city officials which made allegations of misappropriation of funds, poor management and self-dealings/conflict of interest by the City and the Fixed Based Operator at the Shawnee Municipal Airport.
Mr. Crawford gave a summary of the procedures performed in conducting their investigation to gather evidence to either support or refute the eleven (11) allegations.
In his findings, the evidence gathered did not support the allegations of misappropriation of funds.
In conclusion, the firm made recommendations that various agreement provisions between the City and the FBO needed the attention of legal counsel in order to resolve the issues presented and strengthen management controls.
After receiving the audit report, Mayor Harden thanked the auditor for his report and stated that the Commission would review the report and take it under advisement.
AGENDA ITEM NO. 4: Consider Amendment to 1995 Lease Agreement between City and Air Flite, Inc.
A motion was made by Commissioner Roach, seconded by Commissioner Blair, to postpone to the next meeting consideration of the amendment to the 1995 lease agreement between the City of Shawnee and Air Flite, Inc., Fixed Based Operator at the Shawnee Municipal Airport. Motion carried.
AYE: Roach, Blair, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 5: Consider lease agreement between Shawnee Airport Authority and REACT Ambulance Authority.
Ms. Lori Bowlan, Executive Administrative Assistant, presented the staff’s recommendation for entering into a lease agreement with REACT Ambulance Authority on airport property.
Ms. Bowlan presented a recommendation that a 50-60 year lease on Tract I be approved for operating an ambulance service.
She advised that Tract I includes the existing airport buildings No. 11 and 12, which will be demolished and replaced with a new building to house and operate the ambulance service.
She informed the Commission that the value of the improvements were estimated to be $600,000 which would be certified by the Federal Aviation Administration within one year for the date of signing the lease.
Also present was Mr. Greg Reid, Director of REACT Ambulance service who spoke on behalf of REACT stating that the Authority felt that it would be mutually beneficial to the City and REACT to utilize this area and make improvements.
After consideration by the Commission, there was language that the Commission requested to be included in regards to default and forfeiture of rights.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to accept the contract on a 60-year basis and to include language that protects the City in the event of a breach of lease. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 6: Consider appeal of Hubert Ray Wright concerning the decision of the Administrative Hearing Officer declaring 528 N. Union a dilapidated structure.
Community Development Director Michael Southard gave a staff report regarding his decision as Administrative Hearing Officer in declaring 523 N. Union a dilapidated structure that should be razed and removed.
He reported that staff took all the necessary steps to notify the owner and the owner finally responded to the final order and sent a letter asking to appeal the decision.
Next, Mr. Hubert Ray Wright, the owner of the property appeared before the Commission to plea his case and he showed pictures as proof that he was attempting to clean up the house and make repairs to be used for rental property.
Upon discussion, Mr. Southard stated that staff would work with Mr. Wright if he would take immediate action to complete the house.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to declare property at 523 N. Union a dilapidated structure and require that the owner obtain a building permit within thirty (30) days and for the house to be completed in ninety (90) days. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 7: Consider increasing public nuisance administrative charges.
Community Development Director Michael Southard appeared before the Commission to recommend that the city raise its administrative charges from $16 to $100 per public nuisance abatement.
He explained that the City charges significantly below what it would cost a taxpayer to pay for lawn care if mowed by the private sector in terms of time and materials. Therefore, that is why many owners wait for the city to mow their properties in order to be charged a lesser fee.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Blair, to approve increasing the City’s public nuisance abatement administrative fees to $100 and $50 for mowing charges. Motion carried.
AYE: Pettyjohn, Blair, Roach, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 8: Consider a request for a preliminary plat for the Enchanted Garden located South of 45th Street and West of Bryan Street. (Applicant: Bryant Builders)
A staff report was given by Community Development Director Michale Southard regarding the request for a preliminary plat for Enchanted Garden Addition.
He noted that the Planning Commission and staff were recommending approval of the preliminary plat with two variances.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve the preliminary plat with two variances that allow for private streets and for the cul-de-sac to exceed the maximum allowed length of 500 feet for the Enchanted Garden Addition located south of 45th Street and west of Bryan Street as requested by Bryant Builders. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 9: Consider request for a preliminary plat for The Orchards located at the southeast corner of Bradley and Center. (Applicant: Landes Engineering for Jeff and Doty Case)
Again, staff member Michael Southard, Community Development Director, appeared before the Commission to give the staff report on the request for a preliminary plat for The Orchards located at the southeast corner of Bradley and Center.
Mr. Southard reported that the Planning Commission was recommending approval without variance to the sidewalk requirement.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve the preliminary plat with a variance to the sidewalk ordinance for The Orchards located at the southeast corner of Bradley and Center Street as requested by Landes Engineering for Jeff and Doty Case.
Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 10: Consider the 2000-2001 Capital Improvements Program and recommendations from Planning Commission and Citizens Advisory Committee.
The Commission reviewed the proposed Capital Improvements Program (CIP) in the amount of $28,708,400 for FY 2000-2001 that was provided in the agenda packet.
The CIP included projects in the Public Utility Improvement, Street and traffic projects, parks and open space projects, public safety equipment, and the Shawnee Municipal Airport in which all the projects were listed according to priority.
The CIP had projects remaining from the years 1993, 1996-97 and 1999-2000 which staff updated the list to reflect deletions and changes.
Mr. Michael Southard, Community Development Director, noted that the Citizens Advisory Committee added two projects for consideration as desirable naming Main Street area streetscape and the Dunbar Heights Community Center.
He noted that the Planning Commission voted to recommend the projects with more emphasis placed on parks for future lists and that prior to construction of a new community center, that existing structures and services be fully utilized.
The Commission had brought up some items not seen in the CIP such as addressing drainage problems, the water towers, and questioned why another community center be placed in the same area as the current one.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the proposed 2000-2001 Comprehensive Improvement Program be tabled to the next meeting to allow the Commission time to gather additional information and review. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 11: Report by Police Chief Hank Land regarding progress made on outstanding bench warrants.
Police Chief Hank Land gave an interim report on the efforts of the Police Department in serving outstanding bench warrants.
He reported that since January a total of 880 warrants had been closed but also there were 823 new warrants activated by the new computer system that went into effect in January of this year.
Mr. Land explained the lengthy process and stated that it was difficult to reduce the 3,502 warrants from the old system or make any progress since the cycle was never ending.
Mr. Land noted that the warrant problem was not unique to Shawnee and that other cities were experiencing the same problems. He noted that many of the people are not from this area and most generally warrants are served when the officer makes a traffic stop and conducts a record check.
Police Chief Land welcomed guidance from the Commission to determine if the outstanding warrants are a high or low priority.
He advised that Muncipal Court Judge Robert Jones would be available at the next meeting to give an update on the court process.
AGENDA ITEM NO. 12: Consider bid regarding Automobile and Truck Liability Insurance.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to award the bid to Rosebure, Bailey & Craig Insurance Company, Shawnee, Oklahoma for liability comprehensive insurance coverage in the amount of $28,704.60 with a discount of 10% if the City pays the premium by the policy effective date. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Roach
NAY: None
ABSTAIN: Harden, Blair
AGENDA ITEM NO. 13: 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 to be considered.
AGENDA ITEM NO. 14: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
In Citizens Participation, Mr. Mark White, AirFlite, Inc. and the City’s Fixed Based Operator, appeared before the Commission to comment on the Airport Audit report given earlier in the meeting.
Mr. White gave further explanation about the issues that were presented and he wanted the Commission to know his side of the story.
He gave an account of what had transpired over the years and commented that the report had given misconceptions about his operation and he stated that it was a complex situation and the allegations hurt him and his company.
He stated that he had been the FBO since 1989 and throughout the years he felt he had done an excellent job for the City and had wished to remain as the Fixed Based Operator.
AGENDA ITEM NO. 15: Commissioners’ Comments.
Under Commissioners’ Comments, the following spoke:
*Commissioner Pettyjohn mentioned about the old house at the lake needing attention; grass problems on the airport trails; questioned about railroad crossing ownerships; and asked if any plans were being made for additional traffic lights at Union and 45th Street when the new Shawnee Middle School opens
*Commissioner Harrod commented that Mark White, Shawnee Airport FBO, does a good job and he appreciated his efforts
*Mayor Harden commented that it was a shame that allegations from an anonymous letter could cause trouble and money to the city
*Commissioner Roach commented that the creek at Independence and Bryan needed to be maintained and asked if it had been accepted by the City. City Manager Terry Powell responded that it had not been accepted by the city to maintain and that code enforcement staff was working on the situation
AGENDA ITEM NO. 16: Administrative Reports.
Under Administrative Reports, City Manager Terry Powell distributed the audit report on the various organizations that have contracts with the City and it would be considered at the next regular meeting.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (10:25 p.m.)
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
___________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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