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, August 5, 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 Helen Crain
Unity Hospital Volunteer Chaplain
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of July 15, 2002 meeting
b. Budget Amendment in General Fund
c. Transfer of Appropriations in General Fund and Shawnee Airport Authority Fund
d. Acknowledge the following report and minutes:
* Warrant Activity Report for the month of July, 2002
* Civic and Cultural Development Authority minutes from
June 20, 2002 meeting
* Shawnee Urban Renewal Authority minutes from the July 2, 2002 meeting
e. Lakesite Leases:
Renewal:
Lot 9, North School Tract
Barbara Parker & April Parker
6016 SE 86
Okla. City, OK 73135
Transfer:
Lot 11, Belcher Tract
From: Vernie & Diana Ziegler To: Dudley & Nadine Goolsby
38409 Lake Road 11808 Camelot Dr.
Shawnee, OK 74801 Okla. City, OK 73120
f. Approve Oklahoma Municipal Retirement Fund application for retirement pension for Jim R. Carter.
g. Approve Oklahoma Municipal Retirement Fund application for lump sum distribution to David Kauley.
h. Acknowledge receipt of Oklahoma Department of Transportation Trash-Off Award for 2002 for most trash picked up for cities of more than 16,000 in population.
i. Approve out-of-state travel for Hank Land to attend International Chiefs of Police meeting in Minneapolis, Minnesota October 5-9, 2002.
Before voting on the Consent Agenda, items h and i were pulled to be considered separately.
A motion was made by Commissioner Harrod, seconded from Commissioner Weaver, that Agenda Item No. 1 (a-i), less items h and i, be approved as presented. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
h) Mayor Harden presented receipt of Oklahoma Department of Transportation Trash-Off Award for 2002 for the most trash picked up for cities of more than 16,000 in population to James Cole, City Public Works Director.
i) Commissioner Claybrook made a motion to deny the request of out-of-state travel for Hank Land to attend the International Chiefs of Police meeting in Minnesota.
The motion died for lack of a second.
AGENDA ITEM NO. 2: Mayor’s Presentations.
Mayor Harden presented Jim R. Carter, Deputy Emergency Management Director, James R. Wilsie, Director of Budget and Finance and Treasurer, and Lori Roach, Assistant Airport Manager, the following resolutions of appreciation:
Resolution No. 6149 was introduced and the title read aloud.
Resolution No. 6149 entitled “A resolution expressing appreciation to Jim R. Carter for more than 18 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Jim R. Carter.”
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the Title and Resolution be approved. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Resolution No. 6149 duly passed and adopted.
Resolution No. 6150 was introduced and the title read aloud.
Resolution No. 6150 entitled “A resolution expressing appreciation to James R. Wilsie for his accomplishments as Director of Budget and Finance and Treasurer of the City of Shawnee, Oklahoma and expressing the desire that he shall enjoy much success and happiness in his future endeavors.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Resolution No. 6150 duly passed and adopted.
Resolution No. 6151 was introduced and the title read aloud.
Resolution No. 6151 entitled “A resolution expressing appreciation to Lori Roach for her loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Lori Roach.”
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Resolution No. 6151 duly passed and adopted.
AGENDA ITEM NO. 3: Consider appeal of James P. Sweet concerning decision of Administrative Hearing Officer to condemn properties located at 408, 410 and 412 N. Oklahoma.
Community Development Director Mike Southard advised that Mr. James Sweet had appeared at the March 28, 2002 public nuisance hearing requesting more time so that he could remodel the structures.
He was given more time but failed to begin work on the structures. Mr. Sweet appeared before the Commission and requested additional time because he believed he had at least one of the properties sold. Mr. Southard informed the Commission that Mr. Sweet had indicated in March that he had one of the properties sold.
A motion was made by Commissioner Claybrook, seconded by Commissioner Peterson, to confirm the Administrative Hearing Officer’s decision to condemn properties located at 408, 410, and 412 North Oklahoma. Motion carried.
AYE: Claybrook, Peterson, Downing, Pettyjohn, Harden
NAY: Weaver
ABSTAIN: Harrod
AGENDA ITEM NO. 4: Consider an ordinance adopting recodification of the City Code.
Ordinance No. 2065NS was introduced and the title read aloud.
Ordinance No. 2065NS entitled “An ordinance adopting and enacting a new code for the City of Shawnee, Oklahoma; establishing the same; providing for the repeal of certain ordinance not included therein; providing for a penalty; providing for the manner of amending and supplementing such code; providing when such code and this ordinance shall become effective; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Sections 1-7, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 8, the emergency clause, be approved. After further advice from City Attorney John Canavan regarding immediate passage, the motion and second were withdrawn.
Thereupon Mayor Harden declared Ordinance No. 2065NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 6: Presentation by James Cole updating Commission on water line issues.
Public Works Director James Cole asked the Commission to deviate from the agenda and hear Agenda Item No. 6 before the consideration of Agenda Item No. 5 and was given approval by the Mayor to do so.
At this time a power-point presentation was shown to the Commission showing all phases of the progress made to repair the water line break on Kickapoo Street.
Mr. Cole then presented Jim Bierd, Line Maintenance Superintendent, with a certificate for “Employee of the Month” citing his exceptional effort and leadership during the recent water crisis.
AGENDA ITEM NO. 5: Consider emergency declaration concerning repair of water lines.
Public Works Director James Cole then asked the Commission to consider declaring an emergency and authorizing the replacement of 1,300 feet of water main on Kickapoo Street.
He further indicated that quotations had been received from four contractors with Central Contracting Services being the lowest bid received at $202,135.00.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to declare an emergency and give staff authority to negotiate the replacement of 1,300 feet of water line. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 7: Consider a resolution of appreciation to City employees who worked diligently to repair the recent water line breaks.
Resolution No. 6152 was introduced and read aloud.
Resolution No. 6152 entitled “A resolution commending certain city employees for work done under adverse conditions involving personal sacrifice during a recent water main break; naming said employees and directing that a copy hereof be placed in the personnel file of each employee named.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Resolution No. 6152 duly passed and adopted.
AGENDA ITEM NO. 8: Consider an Agreement between the City and Oklahoma Department of Transportation for the construction of industrial access project and related budget amendments.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the agreement between the City and Oklahoma Department of Transportation for the construction of industrial access project and related budget amendments. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 9: Consider request by General Growth Management, Inc. to construct 1300-foot collector street north of Shawnee Mall Drive.
City Manager Terry Powell, stated that Kermit Milburn, attorney for General Growth Management, Inc., had requested that this item be tabled until the next meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to table to the next meeting the request by General Growth Management, Inc. to construct 1,300-foot collector street north of Shawnee Mall Drive. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 10: Discuss and consider action on whether or not to support the concept of calling for a sales tax election for city schools.
Mayor Harden noted that this item was for discussion only and not a public hearing. She stated how difficult this issue has been for those who are in the public eye and public service and she made it known that the Board of City Commissioners were not opposed to supporting the public schools, but encouraged that it be through other means of funding rather than through a sales tax.
Shawnee School Board President David Parsons spoke before the Commission asking the Commission to defer action on this item at this time until an educational study committee could be established.
Commissioner Weaver stated that he did not think it was appropriate to use sales tax revenue for city schools. Commissioner Harrod encouraged the proponents of this issue to continue to meet and establish a committee, but also encouraged them to find alternative methods to fund their proposal. A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, not to allow city sales tax to go toward funding MAPS for Kids for Shawnee Schools and that alternative methods of funding be encouraged. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 11: Consider confirming recommendation of City Manager to appoint Jerry Bower as Fire Chief.
Mr. Jerry Bower addressed the Commission and stated his thanks for the City Manager’s confidence in him. He further stated that he is looking forward to working in Shawnee.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to appoint Jerry Bower as the Fire Chief. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 12: Consider change in organizational structure providing for City Clerk to report directly to City Manager instead of Finance Director.
City Manager Terry Powell stated this item would be tabled for a future meeting in approximately 90 days.
AGENDA ITEM NO. 13: Consider confirming recommendation of City Manager to appoint Terry Compton as Finance Director.
Mr. Terry Compton addressed the Commission and thanked them for their consideration. He also thanked the City Manager for his recommendation and stated he looks forward to working with the Commission and city staff.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to appoint Terry Compton as the Finance Director. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 14: Consider workers compensation settlement to Lawrence Barry.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept the workers compensation settlement to Lawrence Barry. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 15: Consider an ordinance shortening the holding period for stray cats and dogs to 48 hours at the Shawnee Animal Shelter.
Ordinance No. 2066NS was introduced and the title read aloud.
Ordinance No. 2066NS entitled “An ordinance relating to the holding period by the city animal shelter of stray cats and dogs; amending Sections 5-179, Division 4, Article III, of Chapter 5 of the Code of the City of Shawnee, Oklahoma, and Section 5-308; Division 3, Article IV, of Chapter 5 of the Code of the City of Shawnee, Oklahoma; shortening the holding period for stray cats and dogs that do not have a city license tag prior to euthanasia of the animal; providing for severability and declaring an emergency.”
After discussion and an explanation of the ordinance by Police Chief Hank Land, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve the Title and Sections 1, 2, and 3. Motion carried.
AYE: Downing, Pettyjohn, Harden, Peterson
NAY: Claybrook, Harrod, Weaver
A motion was made by Vice Mayor Downing to approve Section 4, the emergency clause, but the motion died for lack of a second.
Thereupon Mayor Harden declared Ordinance No. 2066NS duly passed and adopted to become effective in thirty(30) days from this date.
AGENDA ITEM NO. 16: Consider Bids.
a. Speed Monitoring Trailer (award)
According to staff, the lowest bid did not meet specifications, therefore; they were recommending the next lowest bid.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to award the speed monitoring trailer to Laser Technology, Englewood, Colorado, in the amount of $8,695.00 as the best bid. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing,
NAY: None
b. One or more Full Size Police Vehicles (award)
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to award the one or more full size police vehicles to Harvey’s Inc., Shawnee, Oklahoma, in the amount of $18,595.00 as the lowest and best bid. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 17: 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. 18: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 19: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 20: Commissioners’ Comments.
Under Commissioner’s Comments, Commissioner Claybrook requested an update on the mosquito spraying situation due to the recent out break of the West Nile Virus.
Public Works Director James Cole stated that at the present time spraying had been on a complaint basis only, but that citywide spraying would begin on a regular basis.
Commissioner Weaver said he had received a call from a citizen living north of the rodeo grounds that had been have problems with flies since the rodeo. Mr. Cole stated that they have been spraying three times a week in that area since the rodeo.
Commissioner Harrod asked Public Works Director James Cole to investigate the east bound lane at Kennedy and Kickapoo Spur for roughness. James Cole said he would check on it.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Peterson, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:31 p.m.)
AYE: Peterson, Pettyjohn, Harrod, Harden, Weaver, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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