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, Tuesday, September 2, 2003 at 7:00 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
Chaplain, New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the August 18, 2003 meeting.
b. Budget Amendment in 2002 Home Grant Fund, Gifts & Contributions Fund and Capital Improvement Fund.
c. Transfer of Appropriations in Capital Improvement Fund.
d. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes from the July 17, 2003 meeting
* Shawnee Urban Renewal Authority Minutes from the August 5, 2003 meeting
* Traffic and Transportation minutes from the June 24, 2003 meeting
e. Approve Oklahoma Municipal Retirement Fund application for lump sum distribution for Kenneth A. Hall, Jr.
f. Approve out-of-state travel for James Cole to attend American Water Works Association annual conference in Lafayette, Louisiana, October 5 – 7, 2003.
g. Approve acceptance of FY 2003 Assistance to Firefighters Grant.
h. Ratify Federal Aviation Administration grant for airport improvements.
i. Authorize staff to advertise for bids for mowing and clearing public nuisances for FY 03-04.
j. Acknowledge letter of resignation from John Edgin from the Civic and Cultural Development Authority.
k. Acknowledge letter of resignation from Chester L. Johnston from the Planning Commission and Comprehensive Plan Steering Committee.
l. Recommendations from the Traffic and Transportation Commission from the August 26, 2003 meeting:
1) Request from Mr. Don Gilliam, 15608 Walker Road, to install a stop sign at detour road north of Lake Road at Walker Road, east bound at Shawnee Twin Lakes.
Recommendation: To approve request.
2) Request from Ms. Betty Rodgers, First Assembly of God Church, 1001 E. 11th Street, to install “Slow – Church Crossing” signs east and west of the church.
Recommendation: To approve request.
3) Request from Mr. Oscar Ramirez, 1701 N. Louisa, to install a stop sign at the intersection of Louisa Street and Elizabeth Street.
Recommendation: To deny request.
4) Request from Public Works staff to install stop signs on Garrett’s Lake Road at railroad crossings between Kickapoo Street and Harrison Street.
Recommendation: To approve request.
5) Request from Mr. Scott Edwards, Rt. 2, Box 152A, Meeker, Okla. to add a right turn lane to State Highway 18 (Harrison Street) southbound to turn west onto Mall Drive.
Recommendation: To deny request.
6) Request from Public Works staff to install 40 m.p.h. speed limit signs on Garrett’s Lake Road, 3 miles from Leo Street to Bryant Street.
Recommendation: To approve request.
m. Mayor’s Appointments:
Planning Commission
Appoint Jimmy Nickels to replace Chester Johnston to a term to expire 6/5/05
Civic & Cultural Development Authority
Appoint Jim Lowe to replace John Edgin to a term to expire 12/31/07
Before voting on the consent agenda, Commissioner Pettyjohn requested pulling Consent Agenda Item No. l (4) and (6) for separate consideration.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve Consent Agenda Item No. 1 (a-m). less l (4) and (6). Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Under l(4), Commissioner Pettyjohn stated he disagreed with installing stop signs on Garrett’s Lake Road at railroad crossings between Kickapoo Street and Harrison Street because the once a week train traffic does not warrant the stop signs.
Commissioner Pettyjohn made a motion to deny Traffic and Transportation’s recommendation to approve installing the stop signs and the motion died for lack of a second.
Under l(6), Commissioner Pettyjohn stated he felt the original speed limit of 40 mph was too slow and made a motion, seconded by Commissioner Harrod to change the speed limit from 40 mph to 45 mph on Garrett’s Lake Road, 3 miles from Leo Street to Bryant Street. Motion carried.
AYE: Pettyjohn, Harrod, Weaver, Peterson, Claybrook
NAY: Harden, Downing
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Harden issued the following proclamations:
“National Alcohol and Drug Addiction Recovery Month”
September, 2003
(accepted by Sally McLaughlin, Executive Director of Gateway)
“David & Jean Wright Day”
September 12, 2003
(accepted by David and Jean Wright)
AGENDA ITEM NO. 3: Consider an airport lease agreement between City and Lightning Industries, Inc.
In a memorandum, airport staff recommended to increase the monthly lease rent from $700 to $824 per month for the yearly lease amount totalling $10,009.00.
The lessee, Mr. Robert Pourchot representative of Lightning Industries, Inc. was in agreement to the lease.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve an airport lease agreement between the City and Lightning Industries, Inc. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 4: Consider an ordinance allowing boats to be stored in residential driveways under certain conditions.
In review of the proposed amendment to the ordinance that would allow boats to be stored in residential hard surface driveways with certain conditions, Commissioner Weaver stated that since the passing of original ordinance, this amended ordinance would be the compromise for boat owners regarding storage of boats.
Upon discussion, Commissioner Harrod expressed his opposition to the regulations of the trailers.
Community Development Director Mike Southard showed on power point the various locations in the city that had trailers, some with junk, and boats in front yards.
Commissioner Weaver reiterated that it was he and Commissioner Claybrook that proposed the original ordinance in answer to citizen complaints, concerns for their properties, protection of neighborhoods, and efforts to beautify the community.
In efforts to be fair and sensitive to all citizens’ needs, Commissioner Weaver appealed to the Commissioner Harrod for his input to refine the ordinance to help eliminate problems that exist throughout the community.
Ordinance No. 2102NS was introduced and the title read aloud.
Ordinance No. 2102NS entitled “An ordinance relating to the parking or storage of boats in residential areas; amending Section 19-487(a)(4), Subdivision II, Division 2, Article XL, Chapter 19 of the Code of the City of Shawnee; providing for circumstances where boats may be parked in residential driveways in the City; repealing all ordinances or parts of ordinances in conflict herewith; providing for severability and declaring an emergency.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 4, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden
NAY: Peterson
Thereupon Mayor Harden declared Ordinance No. 2102NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider radio inter-operability agreement with the Kickapoo Tribe of Oklahoma.
Emergency Management Director Don Lynch explained to the Commission that the Kickapoo Tribe of Oklahoma requested permission to operate radios on the City of Shawnee’s Radio System on a full-time basis for their internal operations as well as interoperability among public safety agencies.
Mr. Lynch advised that this agreement was based upon language used by the City of Tulsa and the State of Oklahoma, the two largest system operators in the state.
The City will receive reasonable compensation of $6.50 per radio per month and he assured the Commission that the City’s 800 Megahertz Public Safety Radio system would not be affected. The tribe would provide its own radios.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, to approve the agreement with the Kickapoo Tribe of Oklahoma for use of the City’s radio system. Motion carried.
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 6: Consider radio inter-operability agreement with the Citizen Potawatomi Nation.
Emergency Management Director Don Lynch reported that this agreement with the Citizen Potawatomi Nation was the same as the Kickapoo Tribe’s agreement for radio system use.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve the agreement with the Citizen Potawatomi Nation for use of the City’s radio system. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 7: Consider request from Oasis Realty Incorporation for proposed property development. (Deferred from 8/18/03) (Request received from Mr. Alvin Vence to continue this item to 9/15/03)
Commissioner Harden stated this item would be deferred to the September 15, 2003 City Commission meeting at the request of applicant Mr. Alvin Vence.
AGENDA ITEM NO. 8: Consider awarding bid for the Larkin's Meadow Drainage Improvements project.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to award the bid for the Larkin’s Meadow Drainage Improvements project to Jordon Contractors, Inc., Tecumseh, Oklahoma in the amount of $165,187.50 as the lowest and best bid. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 9: 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. 10: Administrative Reports.
There were no Administrative Reports presented.
AGENDA ITEM NO. 11: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Ms. Jane Landrum, 1601 North Union, voiced concerns regarding the Oasis Realty Incorporation request for proposed property development on the corner of Minnesota and Independence Avenue stating that the low-income housing would lower the property values.
Dr. Dan Marker, also appeared before the Commission as spokesman for a group of residents in the audience (of about 15 people) voicing concerns about the type housing that was proposed by Oasis Realty.
Community Development Director Mike Southard explained that the area was already zoned for that type of housing, but a resolution of support of the income tax credit for the company would need to be approved by the Commission.
Mr. Darrell White appeared to request that the ordinance regarding boats and trailers be amended to exempt pontoon boats, since he uses the boat weekly, and it would be cumbersome to cover the boat every time.
AGENDA ITEM NO. 12: Consider and possible action to enter into Executive Session for confidential communications between the City and its outside counsel concerning the status of the matter entitled Vague et. al. v. City of Shawnee, CIV-02-910-BA where disclosure would impair the ability of the City to process the litigation as authorized under 25 O.S. §207(B)(4).
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Commission go into Executive Session to discuss confidential communications between the City and its outside counsel concerning the status of the matter entitled Vague et. al. v. City of Shawnee, CIV-02-910-BA where disclosure would impair the ability of the City to process the litigation as authorized under 25 O.S. §207(B)(4). Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:54 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:58 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 13: Consider and possible action regarding the matter discussed in executive session, Vague et. al. v. City of Shawnee.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept the original settlement offer in the Vague
et. al. v. City of Shawnee case. Motion failed.
AYE: Downing, Harrod
NAY: Harden, Weaver. Peterson, Claybrook, Pettyjohn
AGENDA ITEM NO. 14: Commissioners Comments.
There were no Commissioners Comments given.
AGENDA ITEM NO. 15: Adjournment.
There being no further business to be considered, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:00 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
________________________________
CITY CLERK
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