Date: 5/5/2003Board: City CommissionDocumentType: MinutesWeb Posted: 5/20/2003 10:10:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

MAY 5, 2003 AT 7:00 P. M.

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 5, 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 Linda Peterson
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT
Bob Weaver
Commissioner Ward 4

INVOCATION Reverend Jimmie Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Harden

COMMISSIONER WEAVER NOW PRESENT AT 7:02 P.M.

AGENDA ITEM NO. 1: Commission Appointment of a Vice Mayor (per Article III, Section 6 of City Charter).

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 Peterson, seconded by Commissioner Weaver, 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 2004. Motion carried.
AYE: Peterson, Weaver, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
ABSTAIN: Downing

AGENDA ITEM NO. 2: 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. 8.

b. Consider Approval of Minutes of the April 21, 2003 meeting.

c. Budget Amendment in Gift and Contributions Fund

d. Transfers of Appropriations in General Fund FY 2002-03

e. Acknowledge the following report and minutes:

* City Clerk Report for March, 2003

* Civic and Cultural Development Authority minutes from the March 2, 2003 meeting

* Traffic and Transportation Commission minutes from the March 25, 2003 meeting

f. Authorize staff to advertise for bids for FY 02-03 Rehab Concrete Streets Paving Project.

g. Authorize staff to advertise for bids for FY 02-03 Rehab Asphalt Streets Paving Project.

h. Authorize staff to advertise for bids for aggregates, hauling and hot mix asphalt.

i. Acknowledge receipt of Department of Environmental Quality Sanitary Sewer Construction Permit No. SL000063030213 for Car-Mart 1 Subdivision.

j. Acknowledge receipt of Department of Environmental Quality Sanitary Sewer Construction Permit No. SL000064030283 for Windmill Ridge Addition.

k. Authorize staff to apply for Supplemental Grant Funds for Emergency Operations Plans from the Oklahoma Department of Civil Emergency Management and the Oklahoma Office of Homeland Security.

l. Recommendations from the Traffic and Transportation Commission from the April 22, 2003 meeting:

(1) Request from citizen to return Bell Street, between Highland Street and Ridgewood Street, from one-way traffic to two-way traffic. (Deferred from March 25, 2003 Traffic & Transportation Commission meeting).

Recommendation: To approve request

(2) Request from citizen to return Douglas Street, between Highland Street and Ridgewood Street, from one-way traffic to two-way traffic. (Deferred from March 25, 2003 Traffic & Transportation Commission meeting).

Recommendation: To approve request

(3) Request from Floyd Smith of Rock Island Key Shop, 107 N. Beard to remove a “No Parking Here to Corner” sign and add a parking space on Beard Street south of 107 N. Beard to Main Street on east side.

Recommendation: To approve request

(4) Request from Public Works staff to remove the “No Left Turn” sign in the 500 block of North Bell Street.

Recommendation: To approve request

(5) Request from Public Works staff to remove the “No Left Turn During School Hours” signs at Highland Street and Union Street.

Recommendation: To approve request

(6) Request to appoint Chairman selection to the Traffic & Transportation Commission.

Recommendation: To appoint Bob Dye as Chairman

(7) Request to appoint Vice-Chairman selection to the Traffic & Transportation Commission.

Recommendation: To appoint Dan Beck and Vice-Chairman

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Consent Agenda (a-l) be approved as presented. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None

AGENDA ITEM NO. 3: Mayor’s Proclamations.

Mayor Harden issued the following proclamations:

“National Music Week”
May 4 – 11, 2003
(accepted by Barbara Atkinson, Chair, National Music Club)

“National Public Works Week”
May 18 – 24, 2003
(accepted by City of Shawnee Public Works Director James Cole)

AGENDA ITEM NO. 4: Update from Reverend Clifton Briscoe regarding The Rock Youth Outreach Program.

Reverend Clifton Briscoe of Living Word Church, 3831 N. Kickapoo, gave an update on his church’s outreach program to teenagers since its inception eight years ago.
The outreach program targets 13 year-olds to late teenage years, but the overall age range is from 5 years to 20 years. The church has expanded its facilities for a place for kids to go to keep them off the streets and out of trouble.
The focus night is on Friday nights where food and soft drinks are served and activities are planned such as games and sports.
Reverend Briscoe and church members invited the Commission to an open house being planned for June 5th from 10:00 a.m. to 4:00 p.m. to the Simon Peter Store on the church premises declaring it “Shawnee Hunger Awareness Day.”
The Simon Peter Store is a food pantry where people in need can go to receive food. It was noted that the Department of Human Services send at least 85% of its clients to the store.
Concluding, Mayor Harden expressed appreciation to the church for its presence in the community.
AGENDA ITEM NO. 5: Presentation and consideration of an agreement with T-Mobile Wireless.

Emergency Management Director Don Lynch addressed the Commission with a request from T-Mobile wireless service (formerly Voice stream Wireless) about constructing a cellular telephone tower adjacent to Fire Station No. 2 on North Bryan Street. Before a tower could be built, a zoning variance would need to be granted by the Zoning Board of Adjustment.
Mr. George Wyrick of T-Mobile Wireless of Oklahoma City, was present to ask if the City Commission would be interested in pursuing this project before they undertake the process of requesting a variance.
It was noted that the lease contract would be for $450 per month.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve entering into a lease agreement with T-Mobile Wireless for tower located on North Bryan Street next to Fire Station No. 2.
Upon further discussion, several Commissioners were concerned about the aesthetics of a 150-foot tower in the neighborhood.
Staff also reported on the process of the applicant going before the Zoning Board of Adjustment.
After discussion, the motion and second were withdrawn and the following motion was made.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to postpone for 30 days entering into an agreement with T-Mobile Wireless for leasing property for a cellular tower to allow time to get input from the residents. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Pettyjohn, Harden
NAY: Claybrook

AGENDA ITEM NO. 6: Update from staff regarding employee cell phones.

City Treasurer/Finance Director Terry Compton advised the Commission that cell phone invoices had been distributed to employees and he noted smaller bills had been paid; however, a handful of employees with larger balances had requested payment arrangements.
City Attorney John Canavan advised that after conducting research, that six (6) months would be a reasonable amount of time for employees’ to repay the city.
Mr. Compton informed the Commission that steps were being taken to implement polices to ensure that the bills would be monitored and that staff was confident that this matter was being managed.
AGENDA ITEM NO. 7: Consider recommendations from Community Service Contracts Review Committee regarding renewal of contracts with the following:

a. Downtown Shawnee, Inc.

The Community Service Contracts Review Committee, hereinafter referred to as the “CSCR Committee,” recommended to renew the contract with Downtown Shawnee, Inc. for the same amount as last year.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the recommendation from the CSCR Committee to renew the contract with Downtown Shawnee, Inc. in the amount of $42,500.00. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None


b. District Attorney’s Drug Task Force

The CSCR Committee recommended renewal of contract with the District Attorney’s Drug Task Force for the same amount as last year.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the recommendation from the committee to renew the contract with the District Attorney’s Drug Task Force for fiscal year 2003-2004 for $20,000.00. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None

c. Senior Citizens of Shawnee, Inc.

Mayor Harden, member of the CSCR Committee, explained why a $5,000 reduction was being recommended for next year’s contract. She informed the Commission that there would be a carryover to next year’s budget; the funds for supplies from the City would not be needed due to the Senior Citizens receiving a percentage of funds from the one-cent county sales tax; and under the contract labor item the monies from the city for the director’s salary and custodial services was sufficient and other contract labor could not be determined.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the recommendation from the CSCR Committee for renewal of contract with Senior Citizens of Shawnee, Inc. for fiscal year 2003-2004 in the amount of $43,000.00. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
ABSTAIN: Peterson



d. Central Oklahoma Community Action Agency for operation of Shawnee Community Center and Municipal Auditorium

The CSCR Committee was recommending a reduction of $28,608 for next year’s budget.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve the committee’s recommendation to renew the contract with Central Oklahoma Community Action Agency for operation of Shawnee Community Center and Municipal Auditorium for fiscal year 2003-2004 in the amount of $48,000.00. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None

Before proceeding to the next item, Commissioner Peterson had questioned if whether a certain sentence under paragraph 10 was necessary. After consideration and determined that it was not required, the following motion was made.
A motion was made by Commissioner Peterson, seconded by Commissioner Harrod, to strike from paragraph 10 of the Central Oklahoma Community Action Agency contract the sentence “Each installment shall be paid following approval of the City Commission at the second meeting of each month.” Motion carried.
AYE: Peterson, Harrod, Harden, Weaver, Downing, Claybrook, Pettyjohn
NAY: None

e. Central Oklahoma Community Action Agency/Central Oklahoma Transit

City Treasurer Terry Compton, member of the CSCR Committee explained the reason for recommendation of a $9,950 reduction for next year’s contract was due to the level of fringe benefits to salaries wherein the fringe benefits were almost fifty percent (50%), an enormous amount.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve the recommendation from the CSCR Committee to renew the contract with Central Oklahoma Transit System/COCAA for renewal of contract for fiscal year 2003-2004 in the amount of $50,000.00. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 8: Consider Bids.

a. Resurfacing of Four Tennis Courts at Paul Duffield Tennis Complex

Public Works Director James Cole reported that the one bid received for the resurfacing of four tennis courts at the last meeting was considerably more than was budgeted for the project and staff recommended to reject the bid and re-advertise for opening on June 2, 2003.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to reject the one bid for resurfacing four tennis courts at Paul Duffield Tennis Complex and approve to re-advertise the project. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None

b. Water Treatment Plant Improvements Phase II (Open)

Public Works Director James Cole requested to delay for two weeks the opening of bids on the water treatment plant Improvements Phase II project.

He advised that due to an addendum that was recently sent to the bidders, they did not have enough time to respond.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to postpone the bid opening on the Water Treatment Plant Improvements Phase II to the next meeting. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
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.

AGENDA ITEM NO. 11: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 12: Consider an Executive Session regarding negotiations with IUPA Local #3 for FY 03-04 pursuant to 25 O.S. §307(B)(2).

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Commission go into Executive Session to discuss negotiations with IUPA Local #3 for FY 03-04 pursuant to 25 O.S.

§307(B)(2). Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

COMMISSIONER WEAVER NOW ABSENT.

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:03 P.M. WITH ALL COMMISSIONERS PRESENT EXCEPT COMMISSIONER WEAVER.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:19 P.M. WITH ALL COMMISSIONERS PRESENT EXCEPT COMMISSIONER WEAVER.

AGENDA ITEM NO. 13: Consider matters discussed in Executive Session regarding negotiations with IUPA Local #3 for FY 03-04 pursuant to 25 O.S. §307(B)(2).

A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to accept the contract as negotiated with the International Union of Police Association, (IUPA), Local #3, AFL-CIO for FY 2003-04. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Peterson
NAY: None

AGENDA ITEM NO. 14: Commissioners’ Comments.

Under Commissioners’ Comments, Commissioner Harrod inquired about the status of the airport properties if whether it had been determined feasible for sale.
Airport Manager Terry Powell advised that staff was working on these matters mentioning the area along Kickapoo Street where Drakes Eyeglasses (previously a service station) was located could be determined surplus property. The building since has been vacated.
He also mentioned that the city was required by the Corporation Commission to monitor over the next six months for contamination the area where the old gasoline tank had been removed.
AGENDA ITEM NO. 15: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (8:24 p.m.)
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None

______________________________
MAYOR

(SEAL)
ATTEST:

_____________________________
CITY CLERK



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