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 1, 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
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Emmitt Hazelwood
Volunteer Chaplain – Unity Hospital
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of June 17, 2002 meeting
b. Acknowledge the following report and minutes:
* Shawnee Community Center report for the month May, 2002
* Civic and Cultural Development Authority minutes of May 16 and May 30, 2002 meetings
* Shawnee Urban Renewal Authority minutes of June 4, 2002 meeting
* Planning Commission minutes of June 5, 2002
c. Lakesite Leases:
Renewals:
Lot 2, South School Tract Lot 9, Renfro Tract
Donald Forsberg Carey Burt
P.O. Box 3234 309 N. Pesotum
Shawnee, OK 74802 Shawnee, OK 74801
Transfer:
Lot 3, Johnston Tract
To: Lonnie Cox
18609 SE 21st
Choctaw, OK 73020
From: Dorothy Taylor
302 W. Chicago
Shawnee, OK 7401
d. Approve City Clerk Diana Hallock as a delegate for the exchange trip to Nikaho, Japan from July 30 – August 6, 2002 as recommended by the Sister Cities Council.
e. Approve out-of-state travel for Stephen W. Nolen, Systems Administrator, and Gayla Duke, Chief Accountant, to attend Incode Educational Forum and User Conference in Dallas, Texas, August 6-8, 2002.
f. Acknowledge “Thank You” from city staff to Mayor and Commissioners for 4% cost of living allowance and increased insurance benefit.
g. Approve automatic renewal of city vehicle insurance with Rosebure, Bailey & Craig Insurance for period from 7-1-02 to 6-30-03.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Agenda Item No. 1 (a-g), inclusive, be approved as presented. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Harden presented the Advanced Professional Development Series Certificate of Achievement from the Federal Emergency Management Institute to Donald D. Lynch, Director of Emergency Management.
Mr. Lynch has completed a comprehensive training program in emergency management and operations that will benefit this community in protecting the lives from disasters.
AGENDA ITEM NO. 3: Presentation by Gordona Rowell of Convention & Visitor’s Bureau annual report.
Ms. Gordona Rowell, Director of The Greater Shawnee Area Convention & Visitor’s Bureau, presented the FY 2002 annual report.
Ms. Rowell distributed the report to the Commission and she gave an overview of the projects that included reporting on the lodging surcharge; promotional materials, marketing, and events.
In regards to the lodging surcharge, a portion of the decline in revenue generated in 2002 had dropped significantly due to the events of September 11, 2001.
Ms. Rowell indicated that the entire tourism industry had felt the repercussions from this act of terrorism.
She also mentioned that since the rebuilding of the Midwest City hotels along Interstate 40, which were destroyed by the tornado in 1999, it has been a contributing factor in the decline of lodging revenue for Shawnee.
A highlight in the year was when Shawnee was honored as “2002 Outstanding Tourism Community for Frontier Country.” This award is given to a community that has implemented an outstanding marketing and promotional program and shown diligent commitment to their growth as a tourism destination.
AGENDA ITEM NO. 4: Presentation by Crawford & Associates of hotel/motel audit procedures.
Mr. Frank Crawford representing Crawford & Associates, P.C., the City’s auditor, was present to answer questions from the Commission regarding the firm’s findings and recommendations regarding the hotel/motel tax administration and compliance procedures as part of their consulting services to the City of Shawnee.
Mr. Crawford gave a brief report on three hotels reviewed (Cinderella Motor Inn, Ramada Inn, and Motel 6), noting recommendations to be taken by the City to further enhance the internal control design.
It was the City’s management response that the recommendations would be implemented immediately.
AGENDA ITEM NO. 5: Consider appeal from Johnny and Joey McMillen regarding decision of Administrative Hearing Officer to condemn property located at 411 N. Philadelphia. (Previously presented to Commission on 6/17/02)
Community Development Director Mike Southard advised that since the McMillen’s were not present at the last meeting to voice their appeal in which the Commission had approved to condemn their property at 411 N. Philadelphia, another chance to come before the Commission was given to the McMillen’s at this meeting.
The McMillen’s were not present at the meeting after being notified in writing that their request would be put on this agenda.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to uphold the decision made at the last Commission meeting to condemn the property located at 411 North Philadelphia. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Peterson, Downing, Pettyjohn
NAY: None
AGENDA ITEM NO. 6: Consider request of Vincent and Etta Lewis to waive public nuisance liens on property located at 815 S. Park. (Amount owed $330.96)
Community Development Director Mike Southard gave the staff report informing that the Lewis’ had sent a letter stating that they had purchased the vacant lot at the Pottawatomie County property tax sale on June 10, 2002 and were requesting the Commission to waive the City’s lien of $330.96.
Mr. Southard noted that the vacant lot was next door to the Lewis property, but he was not aware of the intended use.
The Lewis’ were not present at the meeting.
Upon discussion, City Attorney John Canavan advised that the Commission needed to be careful about waiving liens because the purpose to waive a lien would be for the public good. A couple of instances he recalled were for non-profit organizations to use property to build homes or use as a shelter.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, to deny waiving the public nuisance liens on property located at 815 South Park. Motion carried.
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider request of David and Heather Comerate to waive public nuisance liens on property located at 101 N. Center Street. (Amount owed $30,729.28)
Community Development Director Mike Southard gave the staff report informing that property at 101 N. Center along with several other lots had not yet been through the County public auction.
The letter from Mr. & Mrs. David Comerate was requesting to waive public nuisance liens by the City in order to purchase the property at a fair price.
Mr. Southard informed the Commission that the City could have an interest in the property through the Community Development Block Grants for development of housing.
Mr. & Mrs. Comerate were present and appeared before the Commission to request that if the property had the liens waived, then if they were to purchase the property, their intentions would be to develop the properties.
No specifics were discussed as to what would be developed on the properties.
The Commission further discussed probable circumstances that could develop regarding waiving liens.
Upon further consideration, the Commission requested staff and the city attorney to investigate further the legal options of waiving liens.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to defer to the next meeting the request of David and Heather Comerate to waive public nuisance liens on property located at 101 North Center to allow for additional information. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance closing a utility easement located in Lot Eight (8) Block “A” of Shawnee Mall Subdivision lying in the North Half of Section Thirty-One, Township Eleven North, Range Four West of the Indian Meridian, Pottawatomie County, Oklahoma.
According to staff notes, this item is a request in regards to building the new Wal-Mart store immediately east of the Shawnee Mall that requires closing utility easements and relocating utility lines to be included in the replat in preparations for building the new store.
The process and filing of the ordinance must be filed through the District Court system.
Ordinance No. 2061NS was introduced and the title read aloud.
An ordinance entitled “An ordinance partially closing utility easement in Lot Eight (8), Block “A” of Shawnee Mall subdivision lying in the North Half (N/2) of Section Thirty-one (31), Township Eleven (11) North, Range Four (4) West of the Indian Meridian, Pottawatomie County, Oklahoma; specifically describing said property; reserving the right to reopen said easement; reserving utilities and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, that the Title and Sections 1- 4, 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 Weaver, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 9: Consider resolutions approving renewal of lease purchase agreements for the following equipment:
The following resolutions for renewal of lease purchase agreements on equipment were entered into record.
a. SmartNet Trunked Radio Systems Upgrade
Resolution No. 6144 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Inc., Schaumburg, Illinois.”
b. Incode Computer Software and Licenses
Resolution No. 6145 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.”
c. Backhoe Loader (Serial #31024093)
Resolution No. 6146 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.”
d. Backhoe Loader (Serial #31024482)
Resolution No. 6147 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.”
e. Motor Grader
Resolution No. 6148 entitled “A resolution approving renewal of a certain lease agreement with Volvo Commercial Finance, LLC, The Americas.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to approve the Title and Resolution Nos. 6144, 6145, 6146, 6147, and 6148. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution Nos. 6144 through 6148 duly passed and adopted.
AGENDA ITEM NO. 10: Consider resignation of Treasurer Jim Wilsie effective July 31, 2002.
The Commission considered the letter of resignation from Mr. James R. Wilsie, City Treasurer/Finance Director, to become effective July 31, 2002.
Mr. Wilsie has accepted the position of Executive Vice-President and Chief Operating Officer with the Baptist Foundation of Oklahoma.
Mr. Wilsie stated that he was not seeking another job when he was contacted about this new job; but after considerable thought, it was his decision to make the change to this new career opportunity.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to accept the resignation of James. R. Wilsie as City Treasurer/Finance Director effective July 31, 2002. Motion carried.
AYE: Weaver, Harrod, Peterson, Downing, Claybrook, Pettyjohn
NAY: Harden
AGENDA ITEM NO. 11: Consider Bids.
a. Laboratory services (award)
Public Works Director James Cole reported that staff was recommending to award the Laboratory Services bid to Accurate Laboratories.
He advised that although they were not the lowest bid, due to their experience and other factors such as the only certified drinking water lab, it was staff’s recommendation to go with this laboratory.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept staff’s recommendation based on the factors presented to award the Laboratory Services to Accurate Environmental Labs, Stillwater, Oklahoma, in the amount of $31,739.60 as the best bid. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
City Engineer John Krywicki presented the following awards:
b. Ford Street Paving Project (Kickapoo to Chapman) (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept staff’s recommendation to award the bid on the Ford Street Paving Project (Kickapoo to Chapman) to All Roads Paving, Inc., Oklahoma City, Oklahoma, in the amount of $143,597.00 for concrete paving as the lowest and best bid. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
c. Rosa & Franklin Street Paving Projects (Market to Broadway (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept staff’s recommendation to award the bid on Rosa and Franklin Street Paving Projects (Market to Broadway) to All Roads Paving, Inc., Oklahoma City, Oklahoma in the amount of $338,582.78 for asphalt paving as the lowest and best bid. Motion carried.
d. Remington Street Paving Project (award)
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to accept staff’s recommendation to award the bid on Remington Street Paving Project to All Roads Paving, Inc., Oklahoma City, Oklahoma in the amount of $112,893.50 for concrete paving as the lowest and best bid. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
e. Rehab Concrete Streets Project (award)
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to accept staff’s recommendation to award the bid on Rehab Concrete Streets Project to Krapff-Reynolds Inc., Oklahoma City, Oklahoma, in the amount of $305,775.00 as the lowest and best bid. Motion
AGENDA ITEM NO. 12: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
Under New Business, Mayor Harden introduced the following resolution relating to the recent death of Mr. Ed Ersland.
Resolution No. 6143 entitled, “A resolution expressing sorrow and sympathy to the family of Ed Ersland upon his recent passing; and acknowledging his many years of dedicated service to the City of Shawnee as a member of the Traffic and Transportation Board.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6143 duly passed and adopted.
AGENDA ITEM NO. 13: Administrative Reports.
Under Administrative Reports, City Treasurer/Finance Director distributed to the Commission copies of the management letter in response to the audit and financial report on the major funds.
AGENDA ITEM NO. 14: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 15: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn inquired if the City had an on-going program to eliminate the mosquito problem.
In response, Public Works Director James Cole informed the Commission that staff had recently started spraying the “hot spots” and they would publish a notice in the newspaper informing the community where to call and identify problem areas.
Commissioner Harrod inquired about the procedures in filling the City Treasurer/Finance Director positions.
City Manager Terry Powell responded that immediate advertising would commence for the City Treasurer and Finance Director positions and he would come back to the Commission with a recommendation to formalize the process, since the City Treasurer is appointed by the Commission.
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 Weaver, that the meeting be adjourned. Motion carried. (8:57 p.m.)
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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