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 6, 2002 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 Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Kermit Milburn Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Helen Crain
Volunteer Chaplain Unity Hospital
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Minutes of April 15, 2002 meeting.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the minutes of the April 15, 2002 meeting be approved. Motion carried.
AYE: Harrod, Harden, Weaver, Milburn, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 2: Presentation of plaque to outgoing Commissioner Kermit Milburn.
Mayor Harden presented a plaque of appreciation on behalf of the City Commission and the citizens of Shawnee to outgoing Commissioner Kermit Milburn for his dedicated service from October 15, 2001 May 6, 2002.
Commissioner Milburn thanked the Mayor and Commissioners for the opportunity to serve the City of Shawnee.
AGENDA ITEM NO. 3: Swearing in of Commissioners by Municipal Judge Robert H. Jones and presentation of Certificates of Election.
Municipal Judge Robert H. Jones conducted a swearing-in ceremony and administered Oaths of Office to Tom Claybrook, Commissioner Ward 1 (4 year term); Bob Weaver, Commissioner Ward 4 (2 year term); Linda Peterson, Commissioner Ward 5 (4 year term); and R. J. “Bob” Downing, Ward 6 (4 year term).
CITY COMMISSION RECESSED AT 7:37 P.M. FOR A RECEPTION FOR THE OUTGOING AND INCOMING COMMISSIONERS.
CITY COMMISSION RECONVENED AT 7:58 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 4: Commission Appointment of a Vice Mayor (per Article III, Section 6 of City Charter).
After the new Commission was seated, Mayor Harden advised that according to City Charter provisions, a Vice Mayor needed to be appointed
for the term of one year.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that Commissioner Downing be reappointed to the position of Vice Mayor for one year, with said term to expire the first Commission meeting in May of 2003. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Claybrook, Pettyjohn
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 5: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item No. 18.
b. Budget amendments in HOME 1998 Fund, HOME Grant Fund, Street Improvement Fund and Water Improvement District Fund.
c. Transfers of Appropriations in General Fund, E-911 Fund, Capital Improvement Fund, 1994 Street Improvement Project Fund, Shawnee Municipal Authority and Shawnee Airport Authority.
d. Acknowledge the following reports and minutes:
* Shawnee Community Center report for the month of March 2002 and quarterly report for months of January, February and March, 2002
* Civic and Cultural Development Authority minutes of March 21 and April 1, 2002 meetings
* Shawnee Urban Renewal Authority minutes of April 2, 2002 meeting
* Planning Commission minutes from April 3, 2002 meeting
* Shawnee Public Library Board minutes from January 8, 2002 meeting
e. Lakesite Lease Renewals:
9A Eckel Tract 13 Eckel Tract
Michael & Lana Turk Kenneth & Marvele Evetts
825 SW 26th 16 SW 57th
Oklahoma City, OK 73109 Oklahoma City, OK 73109
4 Belcher Tract
Edith & Jack Silvers
270 Buffalo Ave.
Guthrie, OK 73044
f. Approve a resolution electing Trustees to the Oklahoma Municipal Assurance Group for three-year terms commencing July 1, 2002
Resolution No. 6139 was introduced and the title read aloud.
Resolution No. 6139 entitled “A resolution authorizing and directing Chris Harden, Mayor an authorized agent of the City of Shawnee, Oklahoma, to cast votes for Trustees of the Oklahoma Municipal Assurance Group to fill expiring terms of Trustees.
g. Authorize staff to advertise for bids for aggregates, hauling and hot mix asphalt for street and road maintenance
h. Authorize staff to advertise for bids for laboratory services for the industrial pretreatment program.
i. Authorize staff to advertise for bids for the FY01-02 Concrete Streets Rehab Project.
j. Authorize staff to solicit qualifications from private consultants to develop the city’s Comprehensive Plan.
k. Acknowledge Certificate of Votes for March 5, 2002 General Election and April 23, 2002 General Run-Off Election from the Pottawatomie County Election Board.
l. Acknowledge Shawnee Industrial Authority audit for year ended September 30, 2001.
m. Accept letter of resignation from Paul G. Hickman from Planning Commission.
n. Accept letter of resignation from Benjamin McCullar as commissioner of the Shawnee Housing Authority.
o. Mayor’s Appointments:
Housing Authority of the City of Shawnee
Reappoint Blanche N. Wilson to a three-year term to expire 2/4/05
Reappoint Peggy Ford to a three-year term to expire 2/4/05
Youth Committee
Appoint Commissioner Linda Peterson
Appoint Jeremy Wilke
Appoint Jonie Welle
Community Service Contracts Review Committee
Appoint Commissioner Linda Peterson
Motion by Commissioner Harrod, seconded by Vice Mayor Downing, that the Consent Agenda (a-o), be approved as presented. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution No. 6139 duly passed and adopted.
AGENDA ITEM NO. 6: Mayor’s Proclamations:
“Rodeo for Hope Week”
May 6-12, 2002
(accepted by Uve vonSchamann and Greg Gaston of the J. D. McCarty Center)
“National Historic Preservation Week”
May 12-18, 2002
“National Public Works Week”
May 19-25, 2002
(accepted by James Cole, Public Works Director)
AGENDA ITEM NO. 7: Appearance by Robert Jernigan concerning franchise agreement with Charter Communication.
The Commission heard from Mr. Robert Jernigan, consultant, regarding the franchise agreement/permit with Charter Communication.
The Commission had questions about their role and powers as a Commission in meeting the needs of its citizens, especially during the recent complaints about services of the cable company.
Mr. Jernigan told the Commission that since Congress has established laws that grant the FCC to regulate cable companies, he explained that the cities have limited powers and act as overseer of the easements.
He relayed that the Commission does not have the power to regulate fees.
He suggested that before the city starts its negotiations with the cable company, they could internally adopt a policy regarding citizen complaint procedures.
Mr. Jernigan informed the Commission that in 1994 Congress passed a bill that allows cities to remove its name from the cable bills and it can be removed with a request from the city manager.
Mr. Jernigan advised that the permit will expire in 36 months and preparations for renegotiations would need to be done within 18 months.
Concluding, Mr. Jernigan had two important suggestions for the Commission to consider when negotiating that included the question of “has the franchise holder complied with the agreement?” and is the proposal sufficient to meet the future telecommunications needs of the community.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to amend the subdivision regulations relating to sidewalks.
Mayor Harden declared a public hearing in session to consider an ordinance to amend the subdivision regulations relating to sidewalks.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2052NS was introduced and the title read aloud.
Ordinance No. 2052NS entitled “An ordinance relating to sidewalks, amending the subdivision regulations of the City of Shawnee, Oklahoma, Article IV, Section 40.2.8, sidewalks; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, Weaver, Peterson, Harrod, Harden
NAY: Claybrook, Pettyjohn
Thereupon Mayor Harden declared Ordinance No. 2052NS duly passed and adopted to become effective 30 days from this date.
AGENDA ITEM NO. 9: Presentation by Dr. Tony Litherland and O.B.U. students concerning preliminary results of community survey.
Dr. Tony Litherland, Department of Political Science at the Oklahoma Baptist University, presented the results of a community survey that was mailed to all water bill customers in March.
The purpose of the survey was to uncover attitudes toward issues that face the City and study other public policy issues of interest to various groups and individuals.
Dr. Litherland and some of his students prepared the surveys and tabulated the findings. The questions were provided by Shawnee Public Schools, Shawnee Chamber of Commerce, Shawnee Economic Development Authority, and the City of Shawnee.
There were over 10,700 surveys distributed with approximately 1,100 returned.
AGENDA ITEM NO. 10: Public hearing for hearing complaints or objections to assessment roll and apportionment of costs for the Granada Country Estates/ Tanglewood/Cedar Creek/ Coronado Terrace Water Improvement District.
Mayor Harden declared a public hearing in session to hear complaints or objections to assessment roll and apportionment of costs for the Granada County Estates/Tanglewood/Cedar Creek/Coronado Terrace Water Improvement District.
Those appearing included Keith Kuykendall, Neal Martin, Ray Montgomery, Paul Needham, Mary Jo Shull, and Bill Blackwell, all homeowners in the water district.
City staff gave the update on the current assessment fees to be recommended as $4,169.15 per lot to be paid up front or on a yearly basis of $499.22.
Mr. Kuykendall had requested to be included in this assessment since he had recently purchased a lot in the Coronado Terrace Addition and questioned paying the tap fee.
In regards to adding lots, Mr. Martin informed the Commission that the original assessment group was 135 lots; then added a lot owned by Don and Patsy Weir that made up the current total of 136.
He stated that he did not object to adding Mr. Kuykendall’s property at this time and proceeded to recommend that if there were connections to the waterline thereafter; then the tap fee reimbursement to the property owners could be done on a yearly basis at a minimum of $25.00 reimbursement amount.
In response, City Treasurer/Finance Director Jim Wilsie took the position that the credits would be given at the end of the 10-year assessment.
In his opinion, recalculating the reimbursements and distributing on an annual basis would be impractical and a burdensome task to staff that would increase administrative costs which would not be beneficial to the water district property owners nor to the city’s taxpayers.
The public hearing was closed and the Commission discussed the proposed assessment fees to include 137 lots at a reduced amount of $4,138.72 at installments of $495.88 per year.
The Commission continued discussion on the ordinance regarding payment rates for those persons outside the water district.
The Commission then proceeded to the next agenda items to take action.
AGENDA ITEM NO. 11: Consider a resolution approving the assessment roll prepared and filed by the city engineer apportioning the costs and benefits for the Granada Country Estates/Tanglewood/Cedar Creek/Coronado Terrace Water Improvement District.
This resolution would incorporate the new assessment role of 137 lots at $4,138.72 with yearly payments of $495.58. This included the Don Weir and Keith Kuykendall properties.
Resolution No. 6140 was introduced and the title read aloud.
Resolution No. 6140 entitled “A resolution of the City of Shawnee, Oklahoma, confirming and approving the assessment roll prepared and filed by the City Engineer apportioning the costs and benefits to the several lots, pieces, parcels and tracts of land chargeable with the costs of improvement of the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution No. 6140 duly passed and adopted.
AGENDA ITEM NO. 12: Consider an ordinance assessing costs of improvements to lots in the Granada Country Estates/ Tanglewood/Cedar Creek/Coronado Terrace Water Improvement District.
The ordinance included the amendments that changed the assessment fees to $4,138.72 per lot under Section 1 and under Section 2 changed the lots to 137 for annual payments of $495.58 due by July 1 of each year.
Under Section 2 the assessments would be levied against the lots and an option to owners to pay the total amount by June 30, 2002 without interest.
Thereafter, the installments shall be due and payable on or before the first day of July until 2011, inclusive.
Ordinance No. 2053NS was introduced and the title read aloud.
Ordinance No. 2053NS entitled “An ordinance to access the cost of construction of improvements in the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District against the several lots, tracts and parcels of land benefited thereby, within the district created by Resolution No. 6111; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 4, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2053NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider an ordinance establishing payment rates for persons outside the Granada Country Estates/ Tanglewood/Cedar Creek/Coronado Terrace Water Improvement District to tap into said system.
With the passage of this ordinance, it would include the modification that states for those lot owners within the boundaries of the assessment district not included in the original assessment roll may wish to tap into the improvements of the district after May 6, 2002 by paying the fees reflected in the “Granada Area Water Improvement District Tap Fee Reimbursement Schedule” made a part of the ordinance as Exhibit A.
Ordinance No. 2054NS was introduced and the title read aloud.
Ordinance No. 2054NS entitled “An ordinance establishing the payment rates for those persons outside the Granada Country Estates, Tanglewood, Coronado Terrace, Cedar Creek Water Improvement District to tap into the various improvements serving said water district; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Weaver, Peterson, Downing, Pettyjohn, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 3 the emergency clause be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2054NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider final acceptance of audit for fiscal year 2000-2001.
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, to defer the final acceptance of audit for fiscal year 2000-2001 to the next meeting. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 15: Consider approval of the CDBG One Year Action Plan for fiscal year 2002 beginning July 1, 2002 through June 30, 2003.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to approve the CDBG One Year Action Plan for fiscal year 2002 beginning July 1, 2002 through June 30, 2003. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 16: Consider acceptance of the Northridge Cottages improvements, i.e. water, sanitary sewer, paving and drainage and placing maintenance bonds into effect.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept the Northridge Cottages improvements, i.e. water, sanitary sewer, paving and drainage and place maintenance bonds into effect. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 17: Consider acceptance of water and sanitary sewer improvements for the Windmill Ridge Addition and placing maintenance bonds into effect.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve acceptance of water and sanitary sewer improvements for the Windmill Ridge Addition and place maintenance bonds into effect. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 18: Consider Bids.
The following bids were opened and read into record.
a. Mobile Data Systems and Interfaces to Existing Products (Open)
BIDDER AMOUNT
Global SW Corporation Option 1: $140,412.00
Oklahoma City, OK Option 2: $165,309.00
Option 3: $149,293.00
$110,349.00 Gateway
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the mobile data systems and interface bids be deferred to staff for review and recommendation at the next regularly scheduled meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
b. Uniform Rental Service (Open)
Item RUS Uniform Yale-Fred Reed Aramark
Item A. Shirts: 100%
Cotton-Full Service 1.95 2.75 2.75
Item A-Uniform Only 1.35 1.10 1.65
Item B. Shirts: Polyester/
Cotton-Full Service 1.80 2.25 2.00
Item B-Uniform Only 1.15 0.90 1.20
Item C-Pants: 100%
Cotton Twill-Full Service 2.50 2.75 3.00
Item C-Uniform Only 1.75 1.10 1.80
Item D. Pants: Polyester/
Cotton Twill-Full Service 2.35 2.25 2.25
Item D-Uniform Only 1.60 0.90 1.35
Item E. Pants: 100%
Cotton Denim-Full Service 2.50 2.75 4.00
Item E-Uniform Only 1.75 1.10 2.40
Item F. Jackets: Full Service 0.25 No Charge 0.50
Item F. Uniform Only 0.25 No Charge 0.25
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the uniform bids be deferred to staff for review and recommendation at the next regularly scheduled meeting. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 19: 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. 20: Administrative Reports.
There was no Administrative Reports.
AGENDA ITEM NO. 21: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 22: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn commended staff for doing a good job regarding the water district improvement plan since it was the first time it has been done.
He also voiced concern about the recent city jail shut down by the State Fire Marshal due to code violations and overcrowding; and cautioned staff to be attentive to this situation.
Police Chief Hank Land explained the situation and assured the Commission that staff was working the County Sheriff and County Commissioners to manage the situation.
Mayor Harden mentioned that she and Commissioner Weaver would plan for another Ward 4 community meeting in June in an attempt to receive input from the citizens.
AGENDA ITEM NO. 23: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (10:43 p.m.)
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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