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, November 3, 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 Milo Steffan
First Christian Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: 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. 9.
b. Minutes of the October 20 and October 28, 2003 meetings.
c. Budget Amendment in Shawnee Municipal Authority.
d. Transfer of Appropriations in Shawnee Airport Authority and General Fund.
e. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes from the September 18, 2003 meeting
* Shawnee Urban Renewal Authority minutes of October 7, 2003 meeting
f. Approve acceptance of Performance Bond from Shared Funding, LLC for The Orchards development located at Center & Bradley
g. Authorize staff to advertise for the purchase of trees to be planted along I-40 between Kickapoo and Harrison as per ODOT Enhancement Grant.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that Agenda Item No. 1 (a-g), inclusive, be approved as presented. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Before continuing to the next agenda item, Mayor Harden issued the following add-on proclamation:
“Trinity Baptist Church Day”
November 9, 2003
(accepted by Wanda Hill, church member)
AGENDA ITEM NO. 2: Consider rebate for Granada County Estates/Tanglewood/Cedar Creek/ Coronado Terrace Water District property owners. (Continued from 10/6/03 meeting).
City Treasurer Terry Compton reported to the Commission that it was staff’s position that the rebates not be issued. He gave reasons that it could become a complex issue and the distribution would not be equitable to the owners.
Upon discussion, it was some of the Commissioners’ recollection that it was their intent to give the rebates.
Mr. Roger Hadley, former chair of the ad hoc committee requesting water, told the Commission that the rebate idea was to provide an incentive to get the people to sign up early for the water district and the rebate would be given to the original 137 owners who signed the petition for water.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, that staff be directed to develop a plan to pay the rebates to the original 137 original owners at five and ten year increments. Motion carried.
AYE: Weaver, Pettyjohn, Harden, Peterson, Claybrook
NAY: Harrod, Downing
AGENDA ITEM NO. 3: Discuss issues relating to trapping animals in the city limits including consideration of proposed ordinances amending or repealing Section 5-15 of the city code.
At the last meeting the Commission requested that ordinances be prepared for this agenda for consideration regarding trapping of animals in the city limits, which resulted from a citizen illegally trapping a skunk in her yard and this incident received media coverage where she could have been fined up to $500.
In discussion, it was understood that if the Commission chose to repeal the trapping law, the city would continue to offer its services for trapping animals. Otherwise, if a citizen trapped an animal, that citizen would be responsible for disposing the animal.
After discussion and receiving the city attorney’s recommendation to repeal the section of the law on trapping, the following ordinance was introduced.
Ordinance No. 2110NS was introduced and the title read aloud.
Ordinance No. 2110NS entitled “An ordinance relating to the use of traps for trapping animals in the city limits repealing Section 5-15, Article I, Chapter 5 of the Code of the City of Shawnee; in its entirety; and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Title and Section 1 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 Harrod, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2110NS duly passed and adopted.
AGENDA ITEM NO. 4: Consider an ordinance allowing the parking of recreational vehicles on concrete surfaces in screened side yards of residences.
Community Development Director Mike Southard advised that the proposed amendment to an ordinance was from Commissioner Harrod’s concern and request for recreational vehicles being allowed to be parked on the side yard of a residence and parked on a concrete surface.
Ordinance No. 2111NS was introduced and the title read aloud.
Ordinance No. 2111NS entitled “An ordinance amending the Shawnee City Code, Section 18-3, prohibiting the parking or storage of recreational vehicles and travel trailers in the front and side yards of residential districts; repealing all ordinances or parts of ordinances in conflict herewith; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Sections 1-6, be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Peterson, Downing, Claybrook
NAY: Weaver
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that Section 7, the emergency clause, be approved. Motion failed.
AYE: Downing, Pettyjohn, Peterson, Claybrook, Harrod
NAY: Harden, Weaver
Thereupon Mayor Harden declared Ordinance No. 2111NS duly passed and adopted thirty (30) days for this date.
AGENDA ITEM NO. 5: Consider acceptance of warranty deeds from Wal-Mart, Grant Dockery, and Ron Wigington for the property that the City of Shawnee requires for right-of-way in order to construct the North Union Street Paving Project.
In City Engineer John Krywicki’s memorandum, it relayed that all documents were received and he recommended acceptance of the easements and warranty deeds from the parties involved that will provide the required right-of-way north of the Mall Frontage Road for street construction.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept the warranty deeds and easements from Wal-Mart, Grant Dockery, and Ron Wigington for the property that the City of Shawnee requires for right-of-way in order to construct the North Union Street Paving Project. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 6: Consider setting date for Red, White & Blue celebration.
Public Works Director James Cole issued a recommendation from staff to hold the City’s Red, White and Blue celebration on Friday night, July 2nd for economic and attendance reasons.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to accept staff’s recommendation to set the date for
the City’s annual Red, White & Blue celebration for July 2, 2004. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 7: Consider authorizing staff to advertise the 24” water line replacement project from Benedict & Pottenger to Federal & Park (Park Water Tower).
City Engineer John Krywicki explained to the Commission that the City’s main transmission water line that feeds the towers on Federal Street is an old (75 yrs) 14” water line along Kickapoo Street, that has a history of main breaks.
He further noted that the size and condition of the line creates substantial friction loss; whereby, the Water Treatment Plant is not able to pump adequate flows to meet peak demand and sustain adequate levels in the storage tanks on Federal Street for emergency storage supply.
Mr. Krywicki reported that the modeling of the City’s distribution system reveals that a 24” line would be able to provide twice the flows at the current pumping operations of the plant, delivering water flows to meet peak demand and to sustain adequate elevations in the storage tanks for emergency purposes.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to authorize staff to advertise the 24” water line replacement project from Benedict and Pottenger to Federal and Park (Park Water Tower). Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 8: Staff update regarding employee cell phone situation and Commission discussion and possible action to resolve outstanding balances.
City Treasurer Terry Compton gave the update on the employee cell phone outstanding balances.
He reported that of the original $17,000 billed six months ago, approximately $8,000 was outstanding. There were three employees that comprised that amount.
Upon discussion, it was Commission’s direction that the bills were to have been paid within six months.
At the will of the Commission, City Manager Terry Powell stated that staff would proceed to collect the outstanding balances by taking legal action through the city attorney.
AGENDA ITEM NO. 9: Consider Bids.
a. 2004 – 1 Ton Pickup Cab and Chassis (Open)
BIDDER AMOUNT
Harvey’s Inc. $16,865.00
Shawnee, OK
Joe Cooper Ford $16,886.00
Shawnee, OK $16,559.00 alt.-F350 pickup
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the bids for the 2004 1 ton pickup cab and chassis be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
b. Sewer Rehab Project (Open)
BIDDER AMOUNT
Urban Contractors $406,496.00
Oklahoma City, OK
Jordan Contractors, Inc. $436,437.00
Tecumseh, OK
Krapff-Reynolds Construction Co. $434,600.00
Oklahoma City, OK
Terra-Tech, LLC $405,212.50
Oklahoma City, OK
Insituform Technologies, Inc. $555,555.55
Chesterfield, MO
ENGINEER’S ESTIMATE: $425,000.00
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, that the bids for the sanitary sewer rehab (pipe-bursting) project be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: 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. 11: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 12: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Tom Smith extended an open invitation to the public to attend a dinner honoring veterans at Golden Corral Monday evening on November 10 and for the public to attend the activities held on Veteran’s Day on November 11th.
AGENDA ITEM NO. 13: Commissioners Comments.
Under Commissioners Comments, the following comments and requests were made:
*Commissioner Pettyjohn requested staff to check the timing on the stop lights for safety purposes at the intersections at Rock Creek Road and Highway 18 and Highway 177 and 45th Street where the yellow lights are not long enough.
*Commissioner Weaver expressed concern about the breakup of asphalt of Acme Road due to heavy truck traffic. The city engineer advised that trucks are allowed on section line roads, but he would check Acme Road.
*Mayor Harden turned in a call from a citizen to the city engineer to check the dirt washing away from the side of street on Union Street north of 45th Street.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion
was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (9:10 p.m.)
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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