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, August 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 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 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. 10.
b. Minutes of July 17, 2000 meeting
c. Acknowledge the following reports and minutes:
* Building Inspector report for the month of July, 2000
* Shawnee Urban Renewal Authority minutes of July 5, 2000 meeting
* Airport Advisory Board minutes of July 12, 2000 meeting
* Traffic and Transportation Commission minutes of June 27, 2000 meeting
d. Lakesite Lease Transfer & Reassignment of Lease Lot Number:
14B N. School Tract
To: Ray & Doris Bradshaw From: Michael T. Wilson
P.O. Box 505 15508 Patterson Rd
Choctaw, OK 73020-0505 Shawnee, OK 74801
Reassignment of lease of G.J. & Cecilia Engel from Lot 13, Seck Tract to Lot 22, Belcher Tract
e. Recommendations from the Traffic and Transportation Commission meeting of July 25, 2000
1) Consider request from Representative Bob Weaver, requesting “No Parking” on both sides of the 1600 block of East 10th Street.
Recommendation: To deny request with the recommendation for staff to present at the next meeting a grid stop sign plan for consideration
2) Consider request from Mr. Garner, 1301 N. Draper for “No Parking” in the 1200 Block of North Draper (East and West sides) and the 1200 Block of East Wallace (North and South sides)
Recommendation: To deny request
f. Acknowledge letter from Oklahoma Municipal Assurance Group concerning 2000 election of trustees.
g. Authorize staff to advertise for bids for 1-1/2 ton cab and chassis truck and trailer mounted vacuum truck for line maintenance division.
h. Acknowledge letter of appreciation from Adult Protective Services to Police Chief Hank Land concerning the prompt response and professional demeanor of officers Wayne Crall, Ken King and Kent Borcherding regarding a forced entry situation.
i. Approve out-of-state travel for Jim VanAntwerp and Jim Ogle to attend Self-Contained Breathing Apparatus School in Kirkwood, Missouri on September 7, 2000.
j. Mayor’s Appointments:
Tourism Advisory Committee
Reappoint Ken Fullbright to a three year term to expire 6/30/03
Planning Commission
Reappoint Louise Johnston to a three year term to expire 6/1/02
Shawnee Economic Development Foundation Board of Trustees
Appoint Robert Pettyjohn to replace Ron Gillham
Before considering the Consent Agenda, City Manager Terry Powell advised the Commission that the lakesite lease transfer be pulled from the agenda (14B N. School Tract), due to the owner requesting to retain the lease.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to approve Consent Agenda Item No. 1, (a-j), less 1 d. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
At this time, a motion was made by Commissioner Harrod, seconded by Commissioner Roach, to deviate from the formal agenda to consider Agenda Item Nos. 13, 14, and 15 after considering Agenda Item No. 2. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamation:
“The Month of R.A.I.N.”
August, 2000
(accepted by Oteka Ball and two members of the Shawnee Trust R.A.I.N. Team)
AGENDA ITEM NO. 13: Consider an Executive Session to consider the removal of the City Manager pursuant to 25 O.S. d307.B(1).
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to go into Executive Session for the purpose of discussing the removal of the City Manager pursuant to 25 O.S. d307.B(1) and appoint Commissioner Harrod as minutes clerk and allow City Attorney John Canavan and City Manager Terry Powell to be in attendance in the Executive Session. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:40 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION NOW RECONVENED IN REGULAR SESSION AT 9:50 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 14: Consider action concerning matters discussed in Executive Session regarding the removal of the City Manager.
As a result of the two hour Executive Session the following action was taken.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to direct the Mayor at her earliest convenience to establish a three-member subcommittee of the Commission to develop a formalized performance appraisal system including performance goals and time tables for the City Manager. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach, Downing
NAY: None
AGENDA ITEM NO. 15: Consider the removal of the City Manager if Item No. 13 fails to pass.
Mayor Harden declared this item moot.
Before the Commission resumed to the formal agenda, City Manager Terry Powell addressed the Commission and audience thanking them for the support given him and he respected each Commissioner’s position on this matter.
He stated that the Executive Session was open, direct and constructive. He admitted that mistakes had been made in internal controls and he and City Treasurer Jim Wilsie would begin setting priorities to rectify the problem areas.
Mr. Powell went on to comment about his appreciation to the Commission for allowing him to remain as its city manager and giving him the opportunity to work with them and the committee to set goals for the future.
Furthermore, he expressed appreciation to Commissioner Claybrook for his strong feelings and concerns to see that things are done accurately and thoroughly.
Concluding, City Manager Terry Powell affirmed to be more responsive in the future and bring the community back together.
The audience of over one hundred citizens in support of City Manager Terry Powell gave him a resounding standing ovation.
AGENDA ITEM NO. 3: Consider appeal of Hasiyet Keyim concerning decision of the Administrative Hearing Officer declaring 330 N. Louisa a dilapidated structure.
Community Development Director Mike Southard gave the staff report and explained about the process the City had taken regarding his decision to declare 330 N. Louisa a dilapidated structure.
He reported that the building inspector inspected the property and at a public nuisance hearing April 8, the owners were given 17 days to get a building permit.
Since no building permit was obtained, a second public nuisance hearing was conducted on July 20 and at that time he declared the house a dilapidated structure and ordered it to be demolished by September 7.
Next, Ms. Keyim, owner, addressed the Commission informing them she had not applied for the building permit because she had misunderstood the City’s directive. She stated that she and her husband are co-owners with another person who lives in New York and they have decided to buy out the other owner.
She advised that almost $9,000.00 had been spent on a new roof and new plumbing for the house and that a $20,000.00 loan to remodel had been approved. Ms. Keyim stated the remodeling could be completed within two months.
Upon discussion, Mr. Southard agreed that the house could be brought up to standards and agreed to allow the owner time to renovate the house.
A motion was made by Vice Mayor Downing, seconded by Commissioner Blair, to grant Ms. Keyim five days to get a building permit for the house at 330 North Louisa and to have it renovated in sixty days in accordance with city code. Motion carried.
AYE: Downing, Blair, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 4: Consider an ordinance relating to sewer connections and their requirements and prohibitions.
Public Works Director James Cole advised the Commission that several items were inadvertently omitted in the City Code several years ago relating to sewer connections and this ordinance would reinstate those items.
Ordinance No. 1976NS was introduced and the title read aloud.
Ordinance No. 1976NS entitled “An ordinance relating to sewer connections in the City of Shawnee, Oklahoma; creating New Sections 25-122, 25-123, 25-124, 25-125, 25-126, 25-127 and 25-128, Article III of Chapter 25 of the Code of the City of Shawnee, Oklahoma; describing sewer connections for each building; requiring licensed plumber to connect; prohibiting connection to storm sewers or natural outlets; requiring connections to laterals only; providing regulations for liquid waste containing grease; prohibiting tampering with sewage works; providing for severability and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Sections 1-8, be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Blair, Roach, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that Section 9, the emergency clause, be approved. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1976NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider an ordinance adding additional definitions to the general maintenance and control of public sewers.
Public Works James Cole advised the Commission that staff had recommended to add definitions to the current ordinance relating to sewer connections.
Ordinance No. 1977NS was introduced and the title read aloud.
Ordinance No. 1977NS entitled “An ordinance relating to sewers; amending Section 25-96, Article III of Chapter 25 of the Code of the City of Shawnee, Oklahoma; adding definitions relating to the general maintenance and control of sewers; providing for severability and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Blair, Roach, Downing, Claybrook
NAY: None
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1977NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider Amendment to 1995 Lease Agreement between City and Air Flite, Inc. (Continued from 7/3/00 and 7/17/00 meetings)
City Manager Terry Powell presented the proposed amendment to the 1995 lease agreement between the City and Air Flite, Inc. and he summarized the changes as:
1) Reinstate the three-cent ($ .03) fuel flowage fee per month;
2) The FBO taking over administration of T-hangars and retaining $60 for administrative fees;
3) The revisions also clarify that if Air Flite does not provide all FBO services, such as flight training, aircraft rental, charter service, etc., it may enter into an agreement with one or more third parties to provide those services with prior approval of the City Commission and Airport Advisory Board in accordance to the minimum standards for Commercial Aeronautical activities.
He stated that the changes would also reflect the clarification of those areas found from the Crawford & Associates investigation in regards to improvements in internal controls.
Also Mayor Harden requested that under the section that requires notice to the City, that it also include the words “in writing” for the purpose of a paper trail.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the amendments to the 1995 Lease Agreement between the City of Shawnee and Mark White dba Air Flite, Inc. for an
additional five years or through July 16, 2005. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 7: Consider lease agreement between City and Kidspace Shawnee.
Ms. Terry Gilbert, project coordinator for Kidspace Shawnee, had several items in the proposed community park lease she wished to be modified or clarified. The items included the mowing arrangements, payment of taxes, use of the park for fundraising purposes; and lack of funding in the budget for sewer and water line improvements.
The Commission authorized the city attorney to make the amendments to the agreement and present at the next meeting.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing to defer the lease agreement between the City and Kidspace Shawnee to the next City Commission meeting. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 8: Consider budget adjustments and reimbursement from Capital Improvements Fund to Cemetery Trust Fund for land to be leased to Kidspace Shawnee.
Although the agreement had been deferred to the next City Commission meeting, City Treasurer/Finance Director Jim Wilsie recommended to proceed with making the budget adjustments since it was a required transfer to complete the lease transaction.
As explained on the transfer form, the transfer of funds would be taken from the contingency to an operating transfer to Cemetery Perpetual Care Fund. This is a reimbursement for land that was purchased through the Cemetery Perpetual Care Fund which will be leased to Kidspace Shawnee.
It noted that seven (7) acres was purchased for $67,581.18, which $36,203.24 is for 3.75 acres to be leased to Kidspace (53.57%).
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to approve the transfer of appropriations in the amount of $36,203.24 from the Capital Improvements Fund to the Cemetery Perpetual Care Fund for the land to be leased for Kidspace Shawnee for a community-built park. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 9: Consider resolutions approving renewal lease purchase agreements for the following equipment:
City Treasurer/Finance Director Jim Wilsie reported that these were existing lease purchase agreement renewals that needed to be approved by the Commission.
The following resolutions were introduced into record.
a. Radio Equipment
Resolution No. 6079 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Chicago, Illinois.”
b. SmartNet Trunked Radio System
Resolution No. 6080 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Chicago, Illinois.”
c. Financial Accounting Computer Software and Licenses
Resolution No. 6081 entitled “A resolution approving renewal of a certain lease agreement with First State Bank & Trust Company, Shawnee, Oklahoma.”
d. Backhoe Loader (Serial #31024093)
Resolution No. 6082 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.”
e. Backhoe Loader (Serial #31024482)
Resolution No. 6083 entitled “A resolution approving renewal of a certain lease agreement with Bancfirst, Shawnee, Oklahoma.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Titles and Resolution Nos. 6079-6083 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Resolution Nos. 6079-6083 duly passed and adopted.
AGENDA ITEM NO. 10: Consider Bids.
Bids for the following were opened, read aloud and found to be as follows:
a. Repair and Renovation of Five Water Storage Towers
and Long Term Maintenance Program (Open)
BIDDER AMOUNT
National Contracting Co. $135,000.00
Oklahoma City, OK
Utility Service Co., Inc. $140,777.00
Pittsburg, KS
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to refer the bids on the Repair and Renovation of Five Water Storage Towers to staff for review and recommendation at a later meeting. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
b. Wolverine/Kickapoo Industrial Access Road (Open)
BIDDER AMOUNT
APAC, Oklahoma, Inc. $1,088,990.69
Shawnee, OK
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, that the bid on the Wolverine/Kickapoo Industrial Access Road be referred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
c. Airport Consulting Services (Open)
City Manager Terry Powell advised since there were no bids received for the Airport Consulting Services, this item be referred to the Airport Advisory Board and report back with the recommendation at a later meeting.
AGENDA ITEM NO. 11: 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.
AGENDA ITEM NO. 12: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Ms. Cindi See, city resident, thanked the Commission for keeping Terry Powell as City Manager and she commended Mr. Powell for being courteous and a professional.
Next, Mr. Dave Boardman, local resident, appeared in support of City Manager Terry Powell and Police Chief Hank Land.
He credited City Manager Terry Powell as being an effective leader that has led Shawnee to progress.
AGENDA ITEM NO. 16: Commissioners’ Comments.
There were no Commissioners’ Comments given.
AGENDA ITEM NO. 17: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Blair, that the meeting be adjourned. Motion carried. (10:45 p.m.)
AYE: Downing, Blair, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
_______________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
AGENDA
SHAWNEE AIRPORT AUTHORITY
AUGUST 7, 2000 AT 7:30 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
* Minutes of July 17, 2000 meeting Pgs. 1-2
* Confirm action taken under City Commissioners Agenda Item No. 6 concerning amendment to 1995 lease agreement between City and Air Flite, Inc.
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
AGENDA
SHAWNEE MUNICIPAL AUTHORITY
AUGUST 7, 2000 AT 7:30 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
* Minutes of July 17, 2000 meeting Pgs. 1-2
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
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