Date: 5/18/1998Board: City CommissionDocumentType: MinutesWeb Posted: 12/12/2000 4:06:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

MAY 18, 1998 AT 7:30 P. M.

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 18, 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

Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2

Carl E. Young Vacant
Commissioner Ward 3 Ward 4

Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor

INVOCATION Reverend Ernest Strong Glad Tidings Assembly of God

FLAG SALUTE Mayor Harden

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Minutes of May 4, 1998 meeting

b. Transfer of Appropriations in General Fund, Capital Improvement Fund and Shawnee Municipal Authority

c. Budget Amendment in Street Improvement Fund

d. Acknowledge the following reports and minutes:

* Budget Status Report as of April 30, 1998

* City Clerk Report for the month of April 1998

* Building Inspector Report for the month of April 1998

* Police Report for the month of April 1998

* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of May 1998

* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of April 1998

* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of April 1998

* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of April 1998

* Utility Division Report for the month of April 1998

* Municipal Court Report for the month of April 1998

* Shawnee Community Center Report for the month of April 1998

* Planning Commission minutes of April 15 and May 6, 1998 meetings

* Traffic and Transportation Commission minutes of March 24, 1998 meeting

* Shawnee Urban Renewal Authority minutes of April 7 and April 21, 1998 meetings

* Sister Cities Council minutes of April 14, 1998 meeting

* Shawnee Public Library Board minutes of April 14, 1998 meeting

e. Recommendations from Traffic and Transportation Commission meeting of April 28, 1998:

1) Request from Mr. Don Mace, 1417 East Bradley, for stop signs at the corner of Bradley and Elm Street.

Recommendation: Continue police surveillance. Department of Public Works to conduct a speed study and also to proceed with double striping of Bradley Street. To defer any further action until the next scheduled meeting.

2) Request from Mr. William Brasher, St. Paul’s Methodist Church, for a limited handicap parking zone designated for Sunday only along the south side of the church on 10th Street from the alley east of the church west to the corner of Beard Street. Also for a full time handicap parking zone along the west side of the church on Beard Street from the corner of 10th Street to the parking lot just north of the church building.

Recommendation: To defer request for further research and report back at the next scheduled meeting.

3) Request from Mrs. Susan Haley, City of Shawnee, Municipal Airport, to reduce the speed limit from 40 mph to 35 mph on Airport Drive from MacArthur to Independence.

Recommendation: To approve request.

4) Request from Lisa A. Kraft, Citizen Potawatomi Nation, 1601 South Gordon Cooper Drive, to install two (2) signs on Gordon Cooper Drive. Signs will read “Entering/Leaving Citizen Potawatomi Nation.”

Recommendation: To approve request.

5) Request from Commissioner Carl Young, City Hall, to install “Slow-Children at Play” signs at the following: Union from Farrall to Dunbar; Bell from Farrall to Dunbar; Dunbar from Bell to Philadelphia; and Hayes from Bell to Philadelphia.

Recommendation: To deny request.

f. Approve contract for $200.00 with Joella Jones Appraisals to appraise fire sub-station property.

g. Authorize staff to advertise for bids on Aggregate Materials, Hot Mix Asphalt, and Hauling for fiscal year 1998-99

h. Approve Resolution of Appreciation to Stanley K. Pratt for twenty years of service to the City as a Police Officer.

i. Mayor’s Appointments and Re-appointments:

AIRPORT ADVISORY BOARD

Appoint Mr. Don Dudley to fill the unexpired term of John Colomb to expire 7/1/1999


MAYOR’S COUNCIL ON AGING

Appoint and Re-appoint the following persons to a one (1) year term to expire 3/31/99:

Rita Ham Marta Land Sue Dekker
Barbara Hembree Carol Valentine Keith Boalt
Dennis Widowski Mary Kennedy Amy Scott
Betty Morris Anna Hudson Cynthia Lincoln
Judy Harrell Brian Clemmons Dr. Claudine Dickey
June Koch Wendy Reynolds Linda Weston
Nancy Landes Lerlene Hill Curt Byers
Juanita Byers Ann Cullen Susan Callendar
Charlotte Hughes Cecil Johnston Bob Seikel

CONTRACT REVIEW COMMITTEE

Appoint Commissioner Tom Claybrook to replace former Commissioner Arnold Davis

SHAWNEE ECONOMIC DEVELOPMENT FOUNDATION

Appoint Commissioner Bob Downing to replace former Commissioner Arnold Davis

Commissioner Young questioned why Item No. 1.e.(5) was denied and James Cole Public Works Director explained that installation of “Slow-Children at Play” signs were only placed in park areas.
Motion by Vice Mayor Downing, seconded by Commissioner Gillham, that Consent Agenda Item No. 1 (a-i), inclusive, be approved.
Motion carried.
AYE: Downing, Gillham, Young, Harden, Roach, Claybrook
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamations.

Mayor Harden issued the following proclamations:


“Community Action Month”
May 1998
(accepted by April Morris, Head Start Teacher)

“Emergency Medical Service Week”
May 17-23, 1998
(accepted by James Roberts, Shawnee Fire Chief)

AGENDA ITEM NO. 3: Declaration of vacancy in Ward IV seat.

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to declare a vacancy in Ward IV City Commission seat. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None

AGENDA ITEM NO. 4: Appointment of Ward IV Commissioner to fill existing vacancy.

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to appoint Ms. Bradie Winrow to fill the Ward IV Commissioner seat.
Before the vote was cast, Commissioner Roach stated he would like to delay the appointment and have a more open process and Commissioner Claybrook also stated he wanted to give more people an opportunity to serve as Commissioner in that Ward.
Commissioner Young stated that the Mayor had always made the recommendation in the past and the Commission then voted on the recommendation.
City Attorney John Canavan advised that the City Charter stated when a vacancy occurs in the office of Commissioner, the Board of Commissioners, by a majority vote of the remaining Commissioners, shall appoint a person meeting the qualifications for the vacant seat.
Upon discussion, the following vote was cast.
AYE: Downing, Young, Harden
NAY: Roach, Claybrook, Gillham

Motion failed.

AGENDA ITEM NO. 5: 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, 3/2/98 and 4/6/98 meetings).

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1109 South Beard for use as a truck and trailer business.
It was noted that the Planning Commission and staff recommended approval of the application.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. Steve Coker, applicant, and Mr. Skip Landes of Landes Engineering appeared in behalf of the rezoning request; and Ms. Millie Tidbits, property owner on the east and north of said location, appeared in protest of the rezoning application. The public hearing was closed.
After due and careful consideration, Ordinance No. 1870NS was introduced and the title read aloud.
Ordinance No. 1870NS 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 476 feet north of the southwest corner of Lot Four (4) on the south bank of the North Canadian River; thence east 400 feet; thence north 217.8 feet; thence west 400 feet; thence south 217.8 feet; to the point of beginning in Section Thirty (30), T10N, R4E of the Indian Meridian, Pottawatomie County, Oklahoma. 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 mot ion was made by Commissioner Young, seconded by Commissioner Roach, that the Title and Section 1 be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved.
At this time, Commissioner Claybrook asked for an explanation regarding the purpose of the emergency clause.
City Attorney John Canavan explained in passing the emergency clause, the ordinance would go into effect immediately and if not passed, it would go into effect 30 days later.
After the discussion, the motion on the floor carried.

AYE: Downing, Young, Harden, Roach, Gillham
NAY: Claybrook

Thereupon Mayor Harden declared Ordinance No. 1870NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 1112 East Highland from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District for use as a vehicle storage yard. (Applicant: Don Cross).

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1112 East Highland for use as a vehicle storage yard.
It was noted that the Planning Commission and staff recommended approval of the application.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. Earl Finch, owner of E & J Auto Center and tenant of Mr. Don Cross, applicant, appeared in behalf of the rezoning request.
Commissioner Claybrook stated the tall grass and weeds and steel needed to be moved. The public hearing was closed.
After due and careful consideration, Ordinance No. 1871NS was introduced and the title read aloud.
Ordinance No. 1871NS 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: the west 74.8 feet of lots Twenty-five (25) and Twenty-six (26) and all of Lots Twenty-seven (27) and Twenty-eight (28), Block Six (6), Patchin’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-1, Neighborhood Commercial 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 mot ion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Roach
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Gillham
NAY: Claybrook

Thereupon Mayor Harden declared Ordinance No. 1871NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 1260 West MacArthur from R-1, Single Family Residential District and C-1, Neighborhood Commercial District to C-2, Suburban Office Commercial District for medical facilities. (Applicant: B. C. Harris, Agent for MidAmerica Health Care).

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1260 West MacArthur for use as a medical facilities office.
It was noted that the Planning Commission and staff recommended approval of the application.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. B. C. Harris, applicant and agent for Mid-America Health Care, appeared in behalf of the rezoning request.
The public hearing was closed.
After due and careful consideration, Ordinance No. 1872NS was introduced and the title read aloud.
Ordinance No. 1872NS 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: Blocks One (1), Two (2), Fifteen (15) Sixteen (16), Seventeen (17), Eighteen (18), the east half (E/2) of Blocks Three (3), Fourteen (14) and Nineteen (19), and Outlot A, Benedictine Heights Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classifications R-1, Single Family Residential District and C-1, Neighborhood Commercial District to C-2, Suburban Office Commercial 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 Young, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
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, Roach
NAY: Claybrook

Thereupon Mayor Harden declared Ordinance No. 1872NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to vacate a twenty (20) foot utility easement in Lots 4-11, Block 14, Wyant’s Second Addition; located between 33rd and 34th and North Park and North Kickapoo. (Applicant: Marshall Gleckler and Paul Milburn).

Mayor Harden declared a public hearing in session to consider an ordinance to vacate a twenty (20) foot easement in Lots 4-11, Block 14, Wyant’s Second Addition located between 33rd and 34th and North Park and North Kickapoo.
It was noted that the Planning Commission and staff recommended approval of the application.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said vacation. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1873NS was introduced and the title read aloud.
Ordinance No. 1873NS entitled “An ordinance vacating a utility easement in Lots Eight (8), Nine (9), Ten (10), and Eleven (11) Replat of Block Fourteen (14), Wyant’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma being a part of the Southwest Quarter (SW/4) of Section Six (6), Township Ten (10) North, Range Four (4) East of the Indian Meridian and Lots Four (4), Five (5), Six (6), and Seven (7), Block Fourteen (14), Wyant’s Second Addition to the City of Shawnee, Pottawatomie County, Oklahoma, being a part of the Southwest Quarter (SW/4) of Section Six (6), Township Ten (10) North, Range Four (4) East of the Indian Meridian; specifically describing said property; reserving the right to reopen said easement; reserving utilities; and declaring an emergency.”

A motion was made by Commissioner Roach, seconded by Commissioner Claybrook, that the Title and Sections 1-4, inclusive, be approved. Motion carried.
AYE: Roach, Claybrook, Gillham, Young, Harden, Downing
NAY: None

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Gillham
NAY: Claybrook

Thereupon Mayor Harden declared Ordinance No. 1873NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance adopting the International Plumbing Code, 1995 Edition.

Mayor Harden declared a public hearing in session to consider an ordinance to adopt the International Plumbing Code, 1995 Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Jerry Mankin, a local plumbing contractor, appeared to ask questions about the restrictions of the new code.
Mr. Bill Colclasure, Planning Director, appeared and explained the advantages to adopting the International Plumbing Code and advised notices had been placed in the lumber yards and supply stores to make the contractors aware of the changes. He also noted no one came forward with any additional changes or ideas.
Commissioner Roach asked if most cities had this Code and Mr. Colclasure advised they did and the codes are good for three years. He also stated the City is now using the 1993 Code.
The public hearing was closed.
After due and careful consideration, Ordinance No. 1874NS was introduced and the title read aloud.
Ordinance No. 1874NS entitled “An ordinance of the City of Shawnee adopting the 1995 Edition of the International Plumbing Code, regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Shawnee; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 1655NS of the City of Shawnee and all other ordinances in conflict herewith; and declaring an emergency.”

A motion was made by Commissioner Roach, seconded by Commission Young, that the Title and Sections 1-3, inclusive, be approved. Motion carried.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 4, the emergency clause, be approved. Motion failed.
AYE: Downing, Young, Harden
NAY: Roach, Claybrook, Gillham

Thereupon Mayor Harden declared Ordinance No. 1874NS duly passed and adopted, and effective thirty (30) days from this date.
AGENDA ITEM NO. 10: Public hearing and consider an ordinance adopting the CABO One and Two Family Dwelling Code, 1995 Edition.

Mayor Harden declared a public hearing in session to consider an ordinance to adopt the CABO One and Two Family Dwelling Code, 1995 Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1875NS was introduced and the title read aloud.
Ordinance No. 1875NS entitled “An ordinance repealing Ordinance No. 1663NS passed and approved on the 18th day of October, 1993; adopting Section 7-340, Article XII, Chapter 7 of the Code of the City of Shawnee, Oklahoma; providing for severability, and declaring an emergency.

A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Sections 1-5, inclusive, be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Roach, Downing
NAY: None

A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 6, the emergency clause, be approved. Motion failed.
AYE: Young, Downing, Gillham, Harden
NAY: Claybrook, Roach

Thereupon Mayor Harden declared Ordinance No. 1875NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 11: Public hearing and consider an ordinance adopting the International Private Sewage Disposal Code, 1995 Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the International Private Sewage Disposal Code, 1995 Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1876NS was introduced and the title read aloud.
Ordinance No. 1876NS entitled “An ordinance establishing the minimum regulations for the development of sewage disposal systems in buildings and structures; known as the International Private Sewage Disposal Code, 1995, regulating and controlling the design, alteration, repair, location, relocation, replacement, addition to, use or maintenance of sewage systems. Amending Chapter 7, Article 13, Section 7-400; providing for severability; and declaring an emergency.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Sections 1-2, inclusive, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None

A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Young, Downing, Gillham, Harden, Roach
NAY: Claybrook

At this time Commissioner Roach questioned possible problems at the lakesite leases since there is permanent living now.
Thereupon Mayor Harden declared Ordinance No. 1876NS duly passed and adopted.
AGENDA ITEM NO. 12: Public hearing and consider an ordinance adopting the NFPA National Electric Code, 1996 Edition.

Planning Director Bill Colclasure requested to continue this item in order to allow the Electrical Board of Appeals time to review at its meeting.
Vice Mayor Downing made a motion seconded by Commissioner Claybrook, to continue this item to the June 1, 1998 meeting. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
AGENDA ITEM NO. 13: Public hearing and consider an ordinance adopting the International Mechanical Code, 1996 Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the International Mechanical Code, 1996 Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1877NS was introduced and the title read aloud.
Ordinance No. 1877NS entitled “An ordinance repealing Ordinance No. 1660NS passed and approved on the 18th day of October, 1993; adopting “The International Mechanical Code, 1996 Edition,” amending Chapter 7, Article VII, Section 7-126, Section 7-127, Section 7-129, Section 7-132, and Section 7-166 to the Code of the City of Shawnee, Oklahoma; providing for severability; and declaring an emergency.”

A motion was made by Commissioner Young, seconded by Commissioner Roach, that the Title and Sections 1-6, inclusive, be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden
NAY: None

A motion was made by Commissioner Young, seconded by Commissioner Gillham, that Section 7, the emergency clause, be approved.
Motion failed.
AYE: Young, Gillham, Harden, Downing
NAY: Roach, Claybrook

Thereupon Mayor Harden declared Ordinance No. 1877NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 14: Public hearing and consider an ordinance adopting the National Fuel and Gas Code, 1996 Third Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the National Fuel and Gas Code, 1996 Third Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1878NS was introduced and the title read aloud.
Ordinance No. 1878NS entitled “An ordinance repealing Ordinance No. 980NS and any ordinances relating to the Gas Code, Chapter 7, Article VI, Section 7-106 of the Municipal Code of the City of Shawnee, Oklahoma; adopting the National Fuel Gas Code, Third Edition, 1996; as copyrighted by the National Fire Protection Association; providing for severability; and declaring an emergency.”

A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the Title and Sections 1-3, inclusive, be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Roach
NAY: None

A motion was made by Commissioner Young to approve Section 4, the emergency clause, and the motion died on the floor for lack of a second.
Thereupon Mayor Harden declared Ordinance No. 1879NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 15: Public hearing and consider an ordinance adopting the BOCA National Property Maintenance Code, 1996 Fifth Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the BOCA National Property Maintenance Code, 1996 Fifth Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared, and the public hearing was closed.
After due and careful consideration, Ordinance No. 1879NS was introduced and the title read aloud.
Ordinance No. 1879NS entitled “An ordinance establishing the minimum regulations governing the conditions and maintenance of all property, building and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and the demolition of such structures; known as the BOCA National Property Maintenance Code, 1996 Fifth Edition for the City of Shawnee; providing for severability; and declaring an emergency.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Sections 1-2, inclusive, be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden
NAY: None

Section 3, the emergency clause, failed for lack of a motion.
Thereupon Mayor Harden declared Ordinance No. 1879NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 16: Public hearing and consider an ordinance adopting the BOCA National Fire Prevention Code, 1996 Tenth Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the BOCA National Fire Prevention Code, 1996 Tenth Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1880NS was introduced and the title read aloud.
Ordinance No. 1880NS entitled “An ordinance repealing Ordinance No. 1662NS, passed and approved on the 18th day of October, 1993; adopting the BOCA National Fire Prevention Code, Tenth Edition, 1996; amending Section 10-16, Section 10-17, Section 10-21, and Section 10-22, Chapter 10 of the Code of the City of Shawnee, Oklahoma; providing for severability; and declaring an emergency.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Sections 1-6, inclusive, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Roach, Claybrook
NAY: None

Section 7, the emergency clause, failed for lack of a motion.
Thereupon Mayor Harden declared Ordinance No. 1880NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 17: Public hearing and consider an ordinance adopting the BOCA National Building Code, 1996 Thirteenth Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the BOCA National Building Code, 1996 Thirteenth Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1881NS was introduced and the title read aloud.
Ordinance No. 1881NS entitled “An ordinance amending Section 7-2 and Section 7-3, Article I, Chapter 7 of the Municipal Code of the City of Shawnee, Oklahoma; establishing minimum regulations governing the design, construction, alteration, enlargement, repair, demolition, removal, maintenance and use of all buildings and structures; providing for issuance of permits, collection of fees, making of inspections; providing penalties for the violation thereof; known as “The BOCA National Building Code, Thirteenth Edition, 1996;” and repealing existing Ordinance No. 1654NS of the Code of the City of Shawnee, Oklahoma; providing for severability; and declaring an emergency.”

A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Title and Sections 1-4, inclusive, be approved.

Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None

Section 5, the emergency clause, failed for lack of a motion.
Thereupon Mayor Harden declared Ordinance No. 1881NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 18: Public hearing and consider an ordinance adopting the NFPA 101 Life Safety Code, 1997 Edition.

Mayor Harden declared a public hearing in session to consider an ordinance adopting the NFPA 101 Life Safety Code, 1997 Edition.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said ordinance.
Mr. Bill Colclasure, Planning Director, appeared and explained the minor changes to the new code.
No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1882NS was introduced and the title read aloud.
Ordinance No. 1882NS entitled “An ordinance repealing Ordinance No. 1544NS, passed and approved on the 21st day of May, 1990; adopting NFPA 101, Life Safety Code, 1997 Edition; amending Section 10-1, Chapter 10 of the Code of the City of Shawnee, Oklahoma; providing for severability; and declaring an emergency.”

A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Sections 1-3, inclusive, be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Roach, Downing
NAY: None

Section 4, the emergency clause, failed for lack of a motion.
Thereupon Mayor Harden declared Ordinance No. 1882NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 19: Consider authorizing staff to advertise for proposals for street sweeping.

The Commission requested Public Works Director James Cole to submit figures at the next meeting to see if it would be beneficial to do street sweeping in-house.
AGENDA ITEM NO. 20: Consider Bids.

a. Proposals for Workers’ Compensation Third Party Administrator (Deferred from 4/6/98 and 5/4/98 meetings) (award)

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept Personnel Director Allen Benelli’s recommendation to award the Workers’ Compensation Third Party

Administrator to Claims & Risk Services, Inc., Oklahoma City, Oklahoma to begin July 1, 1998 .
Option B: A fee for each type of workers’ compensation claim as follows:
Medical Only $100 per claim
Lost Time/Indemnity $600 per claim
Litigation $150 per claim
Carryover $300 per claim

Motion carried.

AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None

b. 9th Street Curb and Gutter-Harrison to Shawnee
Contract No. COS-PW-98-9 (award)

A motion was made by Commissioner Young, seconded by Commissioner Claybrook, to accept City Engineer John Krywicki’s recommendation to award the 9th Street curb and gutter project (Harrison to Shawnee) to S.E.A. Construction, Guthrie, Oklahoma, in the amount of $177,018.25 as the lowest and best bid. Motion carried.
AYE: Young, Claybrook, Gillham, Harden, Roach, Downing
NAY: None



c. 1999 One Ton Cab and Chassis w/Flat Dump Body Bed Contract No. COS-PW-98-10 (award)

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to accept Public Works Director James Cole’s recommendation to award the 1999 one ton cab and chassis with flat dump
body bed to Harvey’s Inc., Shawnee, Oklahoma, in the amount of $26,484.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Roach
NAY: None

AGENDA ITEM NO. 21: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).

Under Citizens Participation, Ms. Bradie Winrow thanked the Commission for considering her to fill the vacant Ward 4 Commissioner seat.
AGENDA ITEM NO. 22: Administrative Reports.

There were no Administrative Reports given.

AGENDA ITEM NO. 23: New Business.

There was no New Business to be considered.





AGENDA ITEM NO. 24: 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. (9:50 p.m.)
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None


______________________________
MAYOR




(SEAL)
ATTEST:


____________________________
DEPUTY CITY CLERK
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