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 1, 1999 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6 - Vice Mayor
INVOCATION Reverend Carol Hopper Spirit Rain Ministries
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. 9
b. Minutes of February 16, 1999 meeting
c. Acknowledge the following report and minutes:
* Utility Division Report for the month of January 1999
* Shawnee Planning Commission minutes of February 3, 1999 meeting
* Civic and Cultural Development Authority minutes of January 21, 1999 meeting
* Shawnee Urban Renewal Authority minutes of February 2, 1999 meeting
d. Lakesite Lease
Transfer
Lot 7, Roewe Tract
Fr: James & Lana Hale To: Linda & Robert Stewart
1300 E 15 #150 16389 SE 15
Edmond OK Choctaw OK
e. Acknowledge official Certificate of Election for the Charter Change and City Commissioner for Ward IV from the Pottawatomie County Election Board.
f. Authorize staff to advertise for proposals for street sweeping.
g. Recommendations from the Traffic and Transportation Commission meeting of February 23, 1999:
1) Request from Mr. Don Spurgin, 534 West Wood, for “No Parking” signs on both sides of the 500 Block West Wood.
Recommendation: To approve request.
2) Request from Ms. Lisa Chambers, 1416 East 7th, for a “Slow-Children at Play” sign in the 1400 Block East 7th Street.
Recommendation: To approve request.
3) Request from Ms. Edith Hunter, 526 North Ione, for “No Parking” signs on both sides of the 500 Block North Ione Street.
Recommendation: To approve request.
4) Request from Mrs. Larry Rose, 311 North Eastern, for “No Parking” signs on both sides of the 1600 Block East 10th Street .
Recommendation: To defer request until the next scheduled meeting to allow staff to conduct investigation on possible code violation in this vicinity.
5) Consider establishing a policy regarding “No Parking” requests be handled through the person or persons requesting this type of sign to circulate a signed petition in the affected area.
Recommendation: To approve request.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 2 (a-g), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentations:
“Red Cross Month”
March 1999
(accepted by Nancy Powell, Elise Stone and Committee members)
Resolution No. 6020 was introduced and the title read aloud.
Resolution No. 6020 entitled “A resolution expressing appreciation to Warren C. VanAntwerp for more than sixteen years of loyal service to the Zoning Board of Adjustment, 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 Warren C. VanAntwerp.”
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, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared resolution No. 6020 duly passed and adopted.
Community Development Director Bill Colclasure accepted the resolution on behalf of Mr. VanAntwerp, who was unable to attend due to his job commitment.
Mr. Colclasure commented that Mr. VanAntwerp was a dedicated board member who took his duties serious.
Resolution No. 6021 was introduced and the title read aloud.
Resolution No. 6021 entitled “A resolution appreciation to William O. Colclasure for more than ten 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 O. Colclasure.”
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared resolution No. 6021 duly passed and adopted.
Community Development Director Bill Colclasure accepted his resolution and commented that he enjoyed and had a good ten years of service with the City. He stated that he has seen many changes and Shawnee had made tremendous progress. He thanked the City Commission for its leadership, and enjoyed working with City Manager Terry Powell, the Department Heads and employees.
AGENDA ITEM NO. 3: Public hearing and consider the Consolidated Plan for Community Development Block Grant fiscal year 1999.
Mayor Harden declared a public hearing in session to consider the Consolidated Plan for Community Development Block Grant fiscal year 1999.
In the agenda notes, it stated that the Department of Housing and Urban Development (HUD), has funded the City of Shawnee under the CDBG FY 1999-2000 for $541,000.
The staff has prepared a Consolidated Plan to meet the national objectives and the main statutory requirement of CDBG funds of not less than seventy percent (70%) must be spent to directly benefit lower-income persons.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said Consolidated Plan. No persons appeared and the public hearing was closed.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve the Consolidated Plan for Community Development Block Grant for fiscal year 1999-2000. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 4: Consider a resolution authorizing Oklahoma Baptist University to issue revenue bonds.
As noted in the packet, the purpose of the resolution would be to allow Oklahoma Baptist University to pay off the Refunding Series 1989 bonds and issue new bonds to save on the debt service.
Also noted was that the City was not liable for any of the indebtedness incurred under said bonds.
Resolution No. 6022 was introduced and the title read aloud.
Resolution No. 6022 entitled “Approval of sale of not to exceed $2,500,000 Oklahoma Baptist University Authority, Oklahoma Baptist University Revenue Refunding Bonds, Series 1999, designating bonds as bank qualified, waiving competitive bidding; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Commissioner Gillham, that the Title and Resolution be approved. Motion carried.
AYE: Young, Gillham, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
A motion was made by Commissioner Young, seconded by Commissioner Gillham, that the emergency clause be approved. Motion
Thereupon Mayor Harden declared Resolution No. 6022 duly passed and adopted.
AGENDA ITEM NO. 5: Consider an ordinance establishing the renewal fees for permits on oil wells to be either $125 or $250 depending on the average price per barrel for the preceding twelve months.
Ordinance No. 1921NS was introduced and the title read aloud.
Ordinance No. 1921NS entitled “An ordinance relating to renewal fees for oil well permits; amending Section 27-23, Division I, Article II, Chapter 27, of the Code of the City of Shawnee; setting oil well permit renewal fees at either one hundred twenty-five dollars ($125.00) per year or two hundred fifty dollars ($250.00) per year depending on the average price of oil per barrel the preceding twelve (12) months; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that the Title and Sections 1-2, be approved. Motion
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, Young, Harden, Winrow, Roach
NAY: Claybrook, Gillham
Thereupon Mayor Harden declared Ordinance No. 1921NS duly passed and adopted and effective March 31, 1999.
AGENDA ITEM NO. 6: Consider the emergency clause on ordinances pertaining to rezonings.
City Attorney John Canavan reported to the Commission that he had researched other cities in its use of the “emergency clause” and most cities have emergency clauses similar to Shawnee.
He stated that in regards to changing the wording of the emergency clause, he checked case law, the “emergency clause” is permanent as a benefit for the community as a whole.
According to the question of whether to change the language, especially in regards to rezoning ordinances that require an emergency clause, the changes would require an election since it is a part of the charter.
After discussion, it was the consensus of the Commission to indefinitely table the emergency clause question.
AGENDA ITEM NO. 7: Consider appointment of a six-month Y2K committee to develop a policy toward the year 2000 compliance.
The Commission next considered a Y2K committee for the City of Shawnee in preparation for the year 2000 compliance.
Commissioner Roach commented there was much controversy about the changes for the millennium. He stated that the City could utilize a committee to determine the risks and set up communication lines to be prepared for the year 2000.
After a brief discussion, it was decided that the committee should be for one year and the appointments would be presented at the next meeting.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to appoint a one-year Y2K committee to develop a policy toward the year 2000 compliance. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the Code, providing for no parking on portions of certain streets. (Both sides of the 500 Block West Wood Street and both sides of the 500 Block North Ione Street.).
The proposed no parking ordinance was presented under the Consent Agenda as a recommendation by the Traffic and Transportation Commission.
Before considering the ordinance, Public Works Director James Cole informed the Commission that a caregiver for residents at 537 W. Wood Street wished to speak to this matter.
Next, Ms. Melva Noakes, Project Coordinator for Resident Care of Oklahoma, appeared before the Commission to request that the no parking for both sides of 500 Block West Wood Street be changed to no parking on only one side of the street since there are three adult males who are medically fragile that require continuous care and staff would need enough time for use of the street for shift changes. Their vehicles would be parked at a lot nearby.
Also Fire Chief James Roberts appeared, since he owns a home on said street, and stated that although the streets are narrow, that the street should have no parking only on one side.
Upon discussion, a motion and second were made to amend the ordinance to direct that the “no parking” signs be for the north side of the street only. The action was incorporated in the following ordinance.
Ordinance No. 1922NS was introduced and the title read aloud.
Ordinance No. 1922NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
Motion by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Motion by Vice Mayor Downing, seconded by Commissioner Gillham, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1922NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider bids:
The following bids were opened, read aloud and found to be as follows:
a. Resurfacing two tennis courts at Briscoe Boy Scout Park (open)
BIDDER AMOUNT
Dan L. Essary Construction Co., Inc. $14,800.00
Merritt Tennis & Track Systems $11,540.00
A motion was made by Commissioner Winrow, seconded by Commissioner Young, to accept staff’s recommendation to defer all bids to staff for further review and a recommendation at the next City Commission meeting. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
b. One or more Full Size Police Vehicles (open)
BIDDER AMOUNT
Klement Ford of Shawnee, Inc. $20,087.00
Pursuit Unlimited, Inc. $11,900.00 (1996)
$12,900.00 (1997)
A motion was made by Commissioner Gillham, seconded by Commissioner Young, to accept staff’s recommendation to defer all bids to staff for further review and a recommendation at the next City Commission meeting. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
There was no Citizens Participation.
AGENDA ITEM NO. 11: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 12: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Commissioner Young, that the meeting be adjourned. Motion carried. (8:31 p.m.)
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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