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 6, 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 Carol Hopper
Spirit Rain Ministries
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider approval of minutes of June 22, 1998 meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the minutes of the June 22, 1998 meeting be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 2: Consider and interview applicants for the Ward IV vacancy.
a. Ms. Bradie Winrow, 112 North Pesotum, Shawnee, OK
b. Mr. Wayne Copeland, 308 North Kimberly, Shawnee, OK
The Commission conducted interviews of the two applicants that had applied for the Ward IV Commission seat.
The applicants, Ms. Bradie Winrow and Mr. Wayne Copeland, were given the opportunity to state why they wished to be a representative of Ward IV; and then the Commission asked questions of the applicants.
The interviews concluded and the Commission considered the next agenda item.
AGENDA ITEM NO. 3: Consider appointment of Commissioner for Ward IV vacancy.
The Commission next considered the Commissioner Ward IV appointment.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, to appoint Mr. Wayne Copeland to the office of Ward IV Commissioner. Motion failed.
AYE: Roach, Gillham, Claybrook
NAY: Young, Harden, Downing
A motion was now made by Vice Mayor Downing, seconded by Commissioner Young, to appoint Ms. Bradie Winrow to the office of Ward IV Commissioner. Motion carried.
AYE: Downing, Young, Harden, Claybrook
NAY: Gillham, Roach
It was noted that Ms. Winrow would be sworn in at the next City Commission meeting on July 20, 1998.
AGENDA ITEM NO. 4: Consider Approval of Consent Agenda.
a. Budget Amendment in Gifts and Contributions Fund
b. Acknowledge the following report and minutes:
* Building Inspector Report for the month of June 1998
* Traffic and Transportation Commission minutes of April 28, 1998 meeting
* Civic and Cultural Development Authority minutes of May 21, 1998 meeting
* Planning Commission minutes of June 17, 1998 meeting
c. Lakesite Leases
Renewal
Lot 8, Coffman Tract
Marion W. Brooks, Jr.
4724 Lisa Lane
Del City OK
Approve staff’s recommendation for Lot 6A North School Tract to be turned back to the City for public use.
d. Recommendations from the Traffic and Transportation Commission meeting of June 23, 1998:
1) Reconsider request from Dr. Don Mace, 1417 East Bradley, for stop signs at the corner of Bradley and Elm Street.
Recommendation: To deny request.
2) Reconsider 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 full-time handicap parking zone along the west side of the church on Beard Street from the corner of 10th Street north to the parking lot just north of the church building.
Recommendation: To deny request.
3) Request from Mr. & Mrs. Charles Doss, and Mr. & Mrs. Clifford Sikes, for parking to be restricted on Draper from Whittaker to Highland Street.
Recommendation: “No Parking” from Whittaker to Highland on Draper.
4) Request from Mr. Kevin James, 1610 North Market, for a stop sign at Market and Elizabeth Street.
Recommendation: To deny request.
5) Request from Commissioner Brad Roach, City Hall, for discussion of striping alternatives on Market and Beard from Highland to Independence.
Recommendation: No change except for striping at controlled intersections.
e. Renewal agreement with the Town of Tecumseh for the treatment and disposal of animals coming into the possession of either party.
f. Renewal agreement with the Town of McLoud for the treatment and disposal of animals coming into the possession of either party.
g. Renewal agreement with the Independent School District No. 93 for maintenance of the tennis courts.
h. Renewal agreement with Youth and Family Resource Center, Inc. (HOPE HOUSE) to provide services for juvenile offenders.
i. Renewal agreement with Youth and Family Resource Center, Inc. for the Juvenile Justice and Delinquency Prevention Act (JJDPA).
j. Renewal agreement with Project H.E.A.R.T. for operation space and utility services.
k. Renewal Interlocal Cooperation Agreement with Gordon 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.
l. Renewal Interlocal Cooperation 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.
m. Approve a vehicle lease agreement with Pursuit Unlimited, Inc. for an unmarked car for the Police Department to use during the summer on Kickapoo Street.
n. Approve a ninety (90) day extension for the Worker’s Compensation Consulting Contract with Sedgwick James Insurance.
o. Authorize staff to advertise for bids on a Fire Prevention/Public Education van.
p. Acknowledge thank you letter from the Oklahoma Highway Patrol Auto Theft Unit for the cooperation they received from Corporal Candie Swinney, Detective David Shannon and the entire Department while investigating an auto theft ring.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve the Consent Agenda less e), f), k), and o) which were pulled for separate consideration. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None
Commissioner Roach requested the wording be changed in the contracts the City has with Tecumseh and McLoud regarding animal control.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve e) and f) with the following corrections:
5. b) add the wording “less than 12 weeks”
18. add the wording “or adopt”
In the McLoud agreement:
9. a) Change the $8.00 fee to $6.00
Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None
Next, under item No. 4.k), Commissioner Claybrook had questions about the Gordon Cooper Area Vocational interlocal agreement as to whether the City was benefiting from the agreement.
Public Works Director James Cole reported that the exchange of services was beneficial to the City and stated that the educational classes and training were cost savings to the City since the training was in town. He noted that Gordon Cooper provided its own materials for the paving projects.
Motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the interlocal agreement with Gordon Cooper Area Vocational-Technical School be approved for the fiscal year 1998-99. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Roach, Downing
NAY: None
Once more, Commissioner Claybrook had questions about the anticipated use of the fire department vehicle requested under item 4. o).
Fire Chief James Roberts explained that due to a change in scheduling the Code Enforcement Officer’s work schedule to a regular work week, he would need a vehicle to conduct daily inspections and use for educational purposes such as transporting the clown props and educational materials to the area schools.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve the request from staff to advertise for bids on a Fire Prevention/Public Education van. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 5: City Manager’s Presentation.
City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Leonard Foreman, Street Department, as the June “Employee of the Month” in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 6: Presentation of Semi-Annual Report and Five (5) Year Report for the Shawnee Economic Development Foundation by Bob Jones, Director.
Mr. Bob Jones, Shawnee Economic Development Foundation President/CEO, presented the Five-Year Economic Development Action Plan from 1999 through 2003 and Mrs. Patricia McCormick, Executive Vice-President presented the semi-annual report from January 1-June 30, 1998.
The written reports were handed out to the Commission and an overview was given.
The areas highlighted ranged from established industry, marketing, economic trends affecting the growth of Shawnee, to the Foundation’s administrative functions.
Concluding the reports, Ms. McCormick on behalf of the Foundation, expressed appreciation to the City Commission and staff for its cooperation and participation in promoting economic growth for the greater Shawnee area.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 430 North Kickapoo from zoning classification C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District for office/retail use. (Applicant: Link Cowen).
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 430 North Kickapoo for use as office/retail.
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. 1886NS was introduced and the title read aloud.
Ordinance No. 1886NS 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: Lots One (1) and Two (2), Block One (1), Fairgrounds 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 motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Young, Harden, Roach, Downing
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1886NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider and ordinance establishing the parameter for docks and boat houses on Shawnee Lake No. 1.
Mayor Harden declared a public hearing in session to consider an ordinance establishing the parameter for docks and boat houses on Shawnee Lake No. 1.
Mayor Harden asked if any persons wished to appear regarding the proposed ordinance. Mr. George Newman, lot lessee, 33707 Belcher Road, appeared before the Commission.
Mr. Newman advised that he had appeared before the Commission at its last meeting to request for a variance from the current ordinance. His request involved varying from the regulations on boat docks since he had intended to construct a new dock to replace the old one at a larger size than specified by ordinance.
A lengthy discussion ensued and staff member Bill Colclasure, Planning Director, reported to the Commission that he had conducted a survey of the lakes in Oklahoma, and found Ponca City similar to Shawnee with leasing lakesite lots and they set a maximum limit on boat docks at 20 ft. by 20 ft.
Mr. Link Cowen, lakesite leaseholder, also addressed the issue and added that this matter should be handled on a case by case basis.
Concluding, City Attorney John Canavan advised the Commission that granting variances should be taken to the Board of Adjustment and that the Commission was the body that set the maximum requirements.
The public hearing was closed.
After due and careful consideration, Ordinance No. 1887NS was introduced and the title read aloud.
Ordinance No. 1887NS entitled “An ordinance establishing the parameters for docks and boat houses on Shawnee Lake No. 1; amending Section 13-110(a), Article V, Chapter 13 of the Code of the City of Shawnee, Oklahoma; establishing distances for extensions of boathouses and docks, establishing construction requirements for flotation devices; establishing dock and boathouse connection requirements; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Downing, Young, Harden, Roach
NAY: Gillham
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1887NS duly passed and adopted.
AGENDA ITEM NO. 9: Presentation by Ken Etchieson, Director of Exposition Center, on Civic and Cultural Development Authority’s activities and budget.
Mr. Ken Etchieson, Director of Exposition Center, presented the Civic and Cultural Development Authority’s activities and budget report.
He reported on the various events that are large income producers for the City such as the Triangle Horse Sales, which holds events six times in the year and the yearly International Finals Youth Rodeo. In addition, he noted that the sales tax generated from the trade show, concessions, and sales outside the trade area have a positive impact on the community.
Mr. Etchieson explained that the operating budget of $300,000 covers the salaries and benefits for ten full-time employees and the Authority absorbs all maintenance costs for the Exposition Center.
Concluding his report, Mr. Etchieson commended the board members on the Authority for the good working relationship and their desire to promote and support the Oklahoma Exposition Center.
AGENDA ITEM NO. 10: Consider a Change Order for the new Fire Station on Bryan Street as presented by Patterson-Johnson Architects.
At this time, the City’s architect, Mr. John Patterson of Patterson-Johnson Architects, appeared before the Commission to explain the change order for the new fire station on Bryan Street.
He presented the breakdown of various items that was the result of moving the location of the fire station from Center Street to Bryan Street. Mr. Patterson advised that the contractor had been sent the change amounts, and it was his recommendation to approve the change order in the amount of $35,086.00 contingent upon the contractor’s agreement.
A motion was made by Commissioner Roach, seconded by Commissioner Claybrook, that Change Order No. 2 with contractor, The Oklahoma Industrial Construction, Inc., in the amount of $35,086.00 for the new Fire Station on Bryan Street be approved contingent upon the contractor’s agreement to the changes as presented by Patterson-Johnson Architects. Motion carried.
AYE: Roach, Claybrook, Gillham, Young, Harden, Downing
NAY: None
AGENDA ITEM NO. 11: Consider and discuss the proposed Union Street Paving Project north of 45th Street.
City Manager Terry Powell advised the Commission that when they consider the 3-year Street Program for future approval, staff wanted them to be informed and consider paving Union Street north of 45th Street for 800 feet in the first phase of the project. He advised that ERC, the developer of the Chapel Ridge Apartments, was contemplating expanding the newly developed apartments. He advised that with the 800 feet paving, it would alleviate the ingress and egress of traffic in the front entry to the apartments and allow for another access.
City Engineer John Krywicki further explained that if the 800 feet of open section paving was done, it would cost approximately $125,000. He advised that the Union Street paving was on the Plan list for one-half mile north of 45th Street.
City Manager Powell stated that no action was required at this time and staff brought this to Commission’s attention in consideration of placing a portion of Union Street paving in the first phase.
AGENDA ITEM NO. 12: Consider resolutions approving renewal lease purchase agreements for the following equipment.
a. 1997 Pierce Suburban Pumper
b. New Cedar Rapids Greyhound Hot Mix Paver
c. Boardman Ladder Fire Truck
d. Radio Equipment
e. SmartNet Trunked Radio System
f. Airport Hangar
g. Financial Accounting Computer Software and Licenses
Resolution No. 5998 entitled “A resolution approving renewal of a certain lease agreement with First State Bank & Trust Co., Shawnee, Oklahoma.” (1997 Pierce Suburban Pumper)
Resolution No. 5999 entitled “A resolution approving renewal of a certain lease agreement with First State Bank & Trust Company, Shawnee, Oklahoma.” (Cedar Rapids Greyhound Hot Mix Paver)
Resolution No. 6000 entitled “A resolution approving renewal of a certain lease agreement with First State Bank and Trust Company, Shawnee, Oklahoma.” (Boardman 55’ Ladder Fire Truck)
Resolution No. 6001 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Chicago, Illinois.” (Radio Equipment)
Resolution No. 6002 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Chicago, Illinois.” (SmartNet Trunked Radio System)
Resolution No. 6003 entitled “A resolution approving renewal of a certain lease agreement with Bodard & Hale Drilling Company, Shawnee, Oklahoma.” (Airport Hangar)
Resolution No. 6004 entitled “A resolution approving renewal of a certain lease agreement with First State Bank & Trust Company, Shawnee, Oklahoma. (Financial Accounting Computer Software and Licenses)
A motion was made by Commissioner Young, seconded by Commissioner Roach, that the Titles and Resolution Nos. 5998-6004 be approved. Motion carried.
AYE: Young, Roach, Downing, Claybrook, Gillham, Harden
NAY: None
Thereupon Mayor Harden declared Resolution Nos. 5998-6004 duly passed and adopted.
AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Under Citizens Participation, the following people commented:
*Mr. Steve Scott, Superintendent representing Grove Elementary School, informed the Commission that the sewer line extension project to the school had hit a snag in that the REAP grant for $60,000 would not be available. He stated that this has positioned Grove School in a greater dilemma in dealing with the lagoon problem and he wanted to up-date the Commission on the latest event. He also asked what the City’s position would be on this matter. At the last meeting the Commission had approved $15,000 toward the project.
*Mr. J. T. Weedman, local citizen, stated that he wanted to bring to the Commission’s attention the inappropriate action taken by Commissioner Claybrook when he confronted two people handing out campaign handbills at the Fourth of July event at the Exposition Center and told them they were violating city ordinance. He stated that a police officer then directed the two people to leave the premises. Mr. Weedman advised that prior permission had been given by the city manager and police chief.
Commissioner Claybrook publicly apologized and Mr. Weedman accepted.
*Mr. David Malone, 217 South Oklahoma, expressed his frustrations about the City’s code enforcement process. Next, staff member Bill Colclasure reported on Mr. Malone’s situation regarding his non-compliance to obtain a building permit for a room addition, and he then proceeded to explain the procedures for code violations.
AGENDA ITEM NO. 14: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 15: New Business.
There was no New Business to be considered.
COMMISSIONER YOUNG OUT OF ROOM
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the meeting be adjourned. Motion carried. (10:15 p.m.)
AYE: Downing, Roach, Claybrook, Gillham, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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