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, October 19, 1998 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Carol Hopper
Spirit Rain Ministries
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda
a. Minutes of October 5, 1998 meeting
b. Budget Amendments in Street Improvement Fund
c. Acknowledge the following reports and minutes:
* Budget Status Report as of September 30, 1998
* City Clerk Report for the month of September 1998
* Building Inspector Report for the month of September 1998
* Shawnee Police Report for the month of September 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of October 1998
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of September 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of September 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of September 1998
* Utility Division Report for the month of September 1998
* Municipal Court Report for the month of September 1998
* Shawnee Community Center Report for the month of September 1998 and Quarterly Report for July, August and September 1998
* Sister Cities Council minutes of September 15, 1998 meeting
* Planning Commission minutes of September 2, 1998 meeting
* Shawnee Public Library Board minutes of September 8, 1998 meeting
d. Lakesite Lease Transfers
Lots 24 & 25, Belcher Tract
Fr: Charles & Allen Caton To: Scott & Lyn Lackey
17A Post Office Neck 1821 N Broadway
Shawnee, OK Shawnee, OK
Lot 4, Coffman Tract
Fr: Mary Ellen Lackey & To: Perry & Elizabeth
Jimmie Enochs Gatewood
318 W Highland 160 Perry Road
Shawnee, OK Shawnee, OK
Lot 6, Hart Tract
Fr: Jayne Hawk & To: Hawk Living Trust
John Costiloe 1302 S Caldwell
3506 NW 51st Midwest City, OK
Oklahoma City, OK
e. Authorize staff to advertise for bids on the Wallace Street Paving Project from Pesotum to Draper.
Before the vote was taken on the Consent Agenda, City Manager Terry Powell requested that (e) be pulled from the agenda in order for staff to complete the 3-year plan which this item is a part.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-d), less (e), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation:
Mayor Harden presented the following proclamation:
“National Business Women’s Week”
October 18-24, 1998
(accepted by Mary Parks, President Elect, Cartwright Hi-Noon and Barbara White, Treasurer, Shawnee BPW)
AGENDA ITEM NO. 3: Presentation of annual report on the Pioneer Library System by Mary Sherman, Director.
Ms. Mary Sherman, Director of the Pioneer Library System, presented the annual report for the Library System and distributed written reports to the City Commission.
She announced that May 1, 1999 the Shawnee Library will be celebrating 10 years in the new building.
Ms. Sherman reported 440 children and young adults were active in the summer reading program; 2,067 children attended 25 programs which included the magicians and storytellers; and staff held a workshop for surfing on the internet for parents and children.
In the audience accompanying Ms. Sherman were Ms. Patti Hillhouse, Pioneer Library Board member; Ms. Yvonne Hinchee, Branch Manager; and Ms. Susan Washington, Pottawatomie County Literacy Coordinator.
Ms. Sherman thanked the Commission and City Manager Terry Powell for their support.
AGENDA ITEM NO. 4: Consider Short Form Subdivision for 1700 Block West Midland. (Applicant: Westchester Development)
According to the agenda notes, the applicant has requested to create three residential lots. The applicant plans to split two 100’ x 200’ lots and divide them into three 66.66’ lots.
It was noted that the Planning Commission and staff have recommended approval to the Commission.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Short Form Subdivision for 1700 Block West Midland located in the Golden Acres Subdivision as submitted by Westchester Development be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 5: Consider an ordinance establishing the parameters for docks and boat houses on Shawnee Lake No. 1. (Deferred from 10/5/98 meeting)
An ordinance was introduced and the title read aloud and a discussion ensued by the Commission.
Commissioner Roach commented that after receiving input from lakesite leesees and other citizens, he felt that raising the lease lots for those leaseholders who are in possession of a dock or boathouse was not fair and he suggested to delete under Section 1(a)(5) which reads as follows:
(5) All lake leaseholders in possession of a dock and/or boathouse on their lake lease lot will pay an additional annual lease rental of $100.00 for lake lease holders that are residents of the City of Shawnee, and $200.00 for lake lease holders that are not residents of the City of Shawnee.
Commissioner Claybrook noted that Section 1(a)(6) needed to include the word “alter”, which would read as follows:
(6) Any person wishing to construct and/or alter a dock and/or boathouse on Shawnee Lake No. 1, exclusive of routine maintenance, must obtain a building permit from the City. Failure to obtain a building permit will be considered grounds for the City to terminate the lease.
After making the proposed amendments, Ordinance No. 1900NS was re-introduced as follows:
Ordinance No. 1900NS entitled “An ordinance establishing the parameters for docks and boat houses on Shawnee Lake No. 1; amending Section 13-110(a), Article V, Chapter 13 of the Code of the City of Shawnee, Oklahoma; amending the size of boathouses allowed on Shawnee Lake No. 1; requiring a building permit from the City of Shawnee for a lot lease holder to construct and/or alter a boathouse and/or dock; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Young, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1900NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance amending Section 16-138, Chapter 16, Article V of the City Code providing for no parking on portions of certain streets. (Both sides of street on Bryan from Highland south to the city limits line)
Ordinance No. 1901NS was introduced and the title read aloud.
Ordinance No. 1901NS entitled “An ordinance amending Section 16-138, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner
Claybrook, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Claybrook, Gillham, Young, Harden, Winrow, Roach
NAY: None
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1901NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider Pottawatomie County Development Authority rules and regulations governing recreational activities on Wes Watkins Reservoir.
City Manager Terry Powell presented the Commission with a draft of the Pottawatomie County Development Authority (PCDA) rules and regulations governing recreational activities on Wes Watkins Reservoir. He explained that serving as Trustee to the PCDA, he was requesting input from the Commission to adhere to the requirements of the agreement under the PCDA section regarding maintenance and operations.
He advised that PCDA is preparing for a budget and he requested the Commission to review and give their input to be considered at the next City Commission meeting.
Commissioners commented as follows: Commissioner Claybrook expressed his concern with the speed limit on the lake; Commissioner Gillham expressed concerns about the high fees and the lack of individual watercraft usage; and Commissioner Roach expressed that the fees were high.
After comments, City Manager Terry Powell stated that he would arrange for the City Commission to take a field trip to the first class recreational facility.
AGENDA ITEM NO. 8: Consider authorizing staff to contract for tree limb and brush grinding caused from storm damage.
Mr. James Cole, Public Works Director, advised that staff had received three proposals for grinding the tree debris from the October 4, 1998 storm. The total estimated cost would be between $20,000 and $30,000. Staff recommended to contract with Am-Bek, Inc. as the lowest bidder so work can start next week.
He also recommended that Am-Bek, Inc. be awarded a contract to provide a chipper truck and crew to process tree limbs as needed throughout the damaged areas of the city.
Mr. Cole advised that the amount of debris was considerable. He stated that 675 man hours had already been worked as a result of the storm. He explained that City staff would be responsible for the grinding and the mulch could be given to citizens.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that staff be authorized to contract with Am-Bek, Inc., Edmond, Oklahoma, for a lump sum of $20,000, for tree limb and brush grinding caused from the storm damage and also for $850 per day Am-Bek, Inc. provide a chipper truck with crew to process tree limbs as needed throughout the city not to exceed fifteen days. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 9: Consider authorizing staff to contract for emergency repairs to City facilities (Public Works, Animal Control, Community Center and Water Treatment Plant).
Public Works Director James Cole gave an update regarding emergency building repairs to city facilities damaged by the recent storm on October 4th.
He advised that the most severely damaged was the Public Works Service Center (PWSC) resulting in an estimated $45,000 in damage. Other buildings included two storage buildings receiving approximately $5,000 in damage, and the Community Center received about $7,500 in damage and roof damage was done to the Water Treatment Plant and the Animal Shelter.
Mr. Cole advised that after contacting several contractors, he and staff were recommending to award a contract to Jordan Contractors to repair the PWSC.
He also advised that an estimate in the amount of $40,522 was given by Oklahoma Industrial Contractors to repair all the buildings.
It was noted the Public Works facility was the only building requiring City Commission approval, the others being under $7,500 could have City Manager approval.
A motion was made by Commissioner Claybrook, seconded by Commissioner Young, that Jordan Contractors of Tecumseh, Oklahoma be awarded the bid in the amount of $27,460.00 to proceed with making emergency repairs to City Public Works Service Center; and that the City Manager proceed with contracting for emergency repairs to the Animal Control, Community Center and Water Treatment Plant damaged on October 4, 1998 by the storm. Motion carried.
AYE: Claybrook, Young, Harden, Winrow, Roach, Downing, Gillham
NAY: None
AGENDA ITEM NO. 10: Consider renewal for property liability insurance.
Personnel Director Allen Benelli explained that the City’s property insurance policy obtained through the Ford-Parry Insurance Agency issued by Continental Insurance Company is due for renewal December 1, 1998. The premium for the current policy year ending November 30, 1998 was $32,117. The City increased its policy coverage on its facilities this year to ensure it met the 90% Co-Insurance requirement which means the facilities are issued for at least 90% of their value. The premium for the prior year was $27,500. The City sustained damage to several of its facilities during the recent storm. Damage repair estimates exceeded $50,000 and the City’s deductible is $2,500. The insurance company is required to notify the City no later than 45 days prior to policy expiration of any increase in premium. As of the meeting, notice had not been received.
Mr. Benelli recommended that the City’s Insurance Committee consider soliciting bids. He noted that Ford-Parry had contacted five insurance carriers.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the solicitation of property insurance bids be referred to the City’s Insurance Committee for review and a report at the next City Commission meeting. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 11: Consider an Executive Session to discuss adoption of contracts between the City of Shawnee and I.U.P.A., Local #3 for fiscal years 1998-1999 and 1999-2000, pursuant to 25 O.S. 307(B)(2).
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Commission go into Executive Session to discuss adoption of contracts between the City of Shawnee and I.U.P.A., Local #3 for fiscal years 1998-1999 and 1999-2000, pursuant to 25 O.S. 307(B)(2). Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
COMMISSION NOW IN EXECUTIVE SESSION AT 8:16 P.M.
COMMISSION NOW RECONVENED AT 9:20 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 12: Consider adoption of contract between City of Shawnee and I.U.P.A., Local #3 for fiscal year 1998-99.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, to accept the contract between the City of Shawnee and I.U.P.A., Local #3 for fiscal year 1998-1999 as negotiated by the City Manager and staff and I.U.P.A. representatives. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 13: Consider adoption of contract between City of Shawnee and I.U.P.A., Local #3 for fiscal year 1999-2000.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept the contract between the City of Shawnee and I.U.P.A., Local #3 for fiscal year 1999-2000. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
Closing comments were then given first by I.U.P.A. President Mr. Ken King who expressed appreciation to the City Commission for accepting the contracts. He also thanked City Manager Terry Powell and Mr. Jim Wilsie, Director of Budget and Finance, for their efforts, commitment, and open attitude to building a better relationship and I.U.P.A. looked forward to working with the City in the future.
Next, City Manager Terry Powell expressed the same to Mr. King and the I.U.P.A., for their intent efforts to come to an agreement.
He commented that it was no secret that there was a strain in relationships in the past, but with the intent efforts to improve the relationships, problems were resolved.
He concluded by advising the Commission that a memorandum of understanding between the City and the I.U.P.A. would be executed dismissing the current grievances.
It was noted that the I.U.P.A., Local #3 had earlier in the day approved the contract.
AGENDA ITEM NO. 14: Consider repealing Ordinance No. 1897NS calling for a Special Election on February 9, 1999 relating to the 1998-99 contract between the City of Shawnee and I.U.P.A., Local #3 and canceling said election question.
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook to repeal Ordinance No. 1897NS calling for a Special Election relating to the I.U.P.A. contract and canceling said election question. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 17: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:26 p.m.)
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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