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 15, 2000 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 Steven Blair
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Rusty Williams
Wesley United Methodist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids and proposals as set forth in Agenda Item No. 14
b. Minutes of May 1 and May 9, 2000 meetings
c. Budget Amendment in Hotel/Motel Surcharge Fund
d. Transfers of Appropriations in General Fund and Shawnee Airport Authority
e. Acknowledge the following reports and minutes:
* Budget Status Report as of April 30, 2000
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of May 2000
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of April 2000
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of April 2000
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of April 2000
* Building Inspector Report for the month of April 2000
* City Clerk Report for the month of April 2000
* Utility Division Report for the month of April 2000
* Shawnee Community Center Report for the month of April 2000
* Shawnee Police Report for the month of April 2000
* Shawnee Urban Renewal Authority minutes of April 4 and April 18, 2000 meetings
* Airport Advisory Board minutes of December 8, 1999 meeting
* Planning Commission minutes of April 19, 2000 meeting
f. Authorize staff to advertise for bids for Wolverine/Kickapoo Industrial Access Road Project
g. Acknowledge letter from District Attorney Robert Macy to Chief Land expressing appreciation to Detective John Moody for his assistance and professionalism in the investigation and prosecution of Denorvas Stevenson
h. Acknowledge Certificate of Votes from April 25, 2000 General Run-Off Election from the Pottawatomie County Election Board
i. Approve a resolution electing Trustees to the Oklahoma Municipal Assurance Group for three-year terms commencing July 1, 2000
Resolution No. 6071 was introduced and the title read aloud.
Resolution No. 6071 entitled “A resolution authorizing and directing Chris Harden, Mayor and authorized agent of the City of Shawnee to nominate Ms. Patti Kusel and Mr. Bill Tackett to fill the vacancies on the Board of Trustees of the Oklahoma Municipal Assurance Group for three-year terms commencing on July 1, 2000.
j. Approve Application for Contribution Refund from Oklahoma Municipal Retirement Fund for lump sum payment to Glenn Presley
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that Consent Agenda (a-j), inclusive, be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
Thereupon Mayor Harden declared Resolution No. 6071 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentation:
Mayor Harden issued the following proclamation:
“React Emergency Medical Services Week”
May 14 – 20, 2000
(accepted by Greg Reid, Emergency Medical Service Director, React Ambulance Service)
Mrs. Glennabelle Taron, widow of the late Mayor Pierre F. Taron, presented a plaque to the City of Shawnee that had been given to Mayor Taron posthumously in 1996 as an honorary citizen by our Sister City, Nikaho, Japan with the following inscription:
Title of Honorable Citizenship
Presented to
Mayor Pierre F. Taron
On September 27, 1990, Nikaho Town in Akita, Japan and Shawnee City in Oklahoma U.S.A. made a declaration of a sister city relationship for the promotion of mutual understanding and friendship between the two cities.
As Mayor of Shawnee, you had a good understanding and wisdom for continuing the growth of our relationship. Your devotion and great efforts helped establish the friendly relations that exist today.
The citizens of Nikaho would like to show their deep appreciation to you and thank you for your achievement.
Therefore, we hereby confer the title of honorable citizenship to you on this day October 1, 1996.
Norio Tomoe
Mayor of Nikaho
Mrs. Taron expressed that she thought it would be appropriate to display the plaque in City Hall in recognition of the 10 year anniversary as sister cities. Mayor Harden accepted the plaque on behalf of the City and acknowledged that the plaque would be displayed.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at 1414 E. MacArthur from A-1; Agricultural District to R-3; Multi-Family Residential District PUD “Planned Unit Development” with a conditional use permit for use as an assisted living center. (Applicant: Assisted Living & Health Care Facilities on behalf of Jack & Wilma Hickman)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1414 East MacArthur for use as an assisted living center.
It was noted that the Planning Commission and staff recommended approval of the application and there was one formal protest filed with the City Clerk, but had been withdrawn according to Community Development Director Michael Southard.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning.
Mr. Dennis Box appeared on behalf of the applicant and Mr. Robert Slavens, 3 Windsor Court, appeared in opposition to the rezoning. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1973NS was introduced and the title read aloud.
Ordinance No. 1973NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: A tract of land described as beginning at the Southwest Corner of the Southeast Quarter (SE/4) of Section 5, Township 10 North, Range 4 East; thence East 582 feet 10½ inches; thence North 915 feet 9 inches; thence West 582 feet 8½ inches; thence South 915 feet 9 inches to the point of beginning; rezoning said property from A-1, Agricultural District to R-3P, Multi-Family Residential District, (PUD) Planned Unit Development with conditional use permit; amending the official zoning map of the City of Shawnee accordingly.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Title and Ordinance be approved. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Roach, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1973NS duly passed and adopted.
AGENDA ITEM NO. 4: Presentation by Lisa Dennison of By The Numbers Actuarial Consulting, Inc. concerning workers compensation actuarial study.
Ms. Lisa Dennison of By The Number Actuarial Consulting, Inc., presented an actuarial study of the City’s self-insured worker’s compensation fund.
The study encompassed an analysis of workers compensation claims from July 1, 1995 through June 30,1999. The purpose of the study was twofold: 1) estimate the required reserves; and 2) project anticipated losses for the upcoming fiscal year 7/1/00 through 6/30/00.
Ms. Dennison displayed graphs that made comparisons of the history during the years beginning with 1987 and according to the study, it was determined that the City would need to have $l.27 million in reserves.
According to City Treasurer Jim Wilsie, the monies needed would be phased into the budget over a four to five year period. He also advised that he would have a more definite figure for the reserves after further review of the City’s financial status.
It was the consensus of the Commission that staff would come back with a recommendation at a future meeting after they had reviewed the projections.
AGENDA ITEM NO. 5: Consider authorizing staff to advertise for proposals for water tower maintenance.
Public Works Director James Cole advised that it had been almost ten years since the Wolverine tower was painted and it was the last tower to be painted. He advised that the Park Street tower was in the worse shape out of the five towers. A fiberglass lining was placed in it approximately 15 years ago because of severe leakage but EPA or DEQ does not approve of that type of lining. He stated that the lining needs to be removed and a new coating installed. Based on inspections performed this year, all towers are in need of maintenance.
Estimated annual cost of a maintenance program that will bring all towers up to like new standards this year is $140,000 for the first five years. The successful contractor will maintain the towers in that condition throughout the subsequent years. The contract is loaded on the front end to cover the cost incurred during the first year of the program.
During the first year of the maintenance program, the exterior of all towers will be renovated. This includes application of one full coat of Tinemc Acrylic Enamel. In addition, four of the five towers will have complete interior renovation. All towers will have required safety modifications. In year three of the contract, the interior of the 1,000,000-gallon Federal Street tower will be renovated.
An alternate would be to contract for renovation of each tower separately over the next five years to bring them up to like new condition. The Park Street tower requires immediate attention and will cost an estimated $186,000 to renovate.
After questions by the Commission and their concerns of the costs, they requested Mr. Cole to come back with other probable solutions.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to authorize staff to advertise for proposals for water tower maintenance and for staff to also look for alternatives to this plan. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 6: Consider authorizing staff to advertise for proposals for insurance for City automobiles.
According to Personnel Director Allen Benelli, the City’s liability insurance policy for automobiles will be due for renewal July 1, 2000. He advised that the policy has been provided by Rosebure, Baily & Craig for the last three years. In his memorandum he listed the annual premiums for the current and previous years as follows:
FY99-00 $43,885
FY98-99 $47,254
FY97-98 $49,638
Mr. Benelli advised that the premiums had decreased in the last two years and good service had been received, and a possible increase of about ten percent was eminent because of a large claim of $39,000.
He requested authorization to either stay with the current carrier or advertise for proposals.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to authorize staff to advertise for proposals for insurance for City automobiles. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 7: Consider request from James Roberts for vehicle replacement for radio technician.
Staff member James Roberts, Fire Chief/Emergency Management Director, reported that the vehicle used by Brian Davis, radio technician, was 16 years old and in very bad shape.
Fire Chief James Roberts requested approval to write a purchase order for this vehicle out of Fleet Replacement for approximately $6990.00 which meets the $7,500 bid limit requiring Commission’s approval for purchase without letting for bids.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve the request from Fire Chief James Roberts to purchase of a vehicle in the amount of $6,990 as a replacement vehicle used by the radio technician. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 8: Consider waiving public nuisance liens on properties purchased by Dunbar Heights Community Group.
Community Development Director Michael Southard reported that last September the Dunbar Heights Community Group had requested that liens be waived by the City on property they had purchased and a decision was not made by the Commission a that time.
He advised that through the Group’s efforts as a non-profit organization, there is possibility that affordable housing can be built on these properties since this is a targeted area for redevelopment designated by the Shawnee Affordable Housing Task Force.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to waive public nuisance liens for properties purchased by Dunbar Heights Community Group from the County of Pottawatomie. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider authorizing staff to advertise for bids on a Dry Pipe Fire Sprinkler System for the Heart of Oklahoma Exposition Center. (Deferred from 5/1/00 meeting)
Before considering this item, a motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to defer considering Agenda Item No. 9 until after consideration of Agenda Item No. 11. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach, Downing
NAY: None
AGENDA ITEM NO. 10: Discussion of modification of sidewalk ordinance.
Community Development Director Michael Southard reported that the Planning Commission and staff were recommending that the subdivision ordinances regulating sidewalk construction be modified.
He discussed the proposed sidewalk changes and pointed out some issues such as proposing for the developer to identify the location of the sidewalks at the platting stage and for the builder to install the sidewalk when the driveway is poured.
After discussion about the pros and cons of sidewalks, Mr. Southard advised that the public hearings would start with the Planning Commission and thereafter be presented to the City Commission in about one month. No action was necessary at this time.
AGENDA ITEM NO. 11: Discuss and consider financial relationship between SCCDA and City.
This agenda item was added at the request of Commissioner Claybrook as a result from the last City Commission meeting in which he had questions about the financial relationship between the Shawnee Civic & Cultural Development Authority and the City. The approval to advertise for bids for a dry sprinkler for the Exposition Center was then delayed by the Commission.
Appearing before the Commission was Ken Etchieson, Expo Director, who gave a brief overview of the Exposition Center and stated that the staff of 10 has been a department of the City.
He then introduced Dr. Joe Taron, former trustee and Chairman of the SCCDA, who gave the history of the SCCDA and its purpose.
In Dr. Taron’s comments, he stated that the Heart of Oklahoma Exposition Center was never designed to be a profit-making center. He emphasized that the role of the Center was to bring events to the facility that would bring in sales tax to the City.
He noted that the Exposition Center was to have been a city-county interlocal arrangement, but the County decided not to participate. He explained the Trust Indenture created between the City and the Civic & Cultural Development Authority.
He compared the revenues of the Center as around $41,000 in 1982-83 to an estimated revenue of $300,000 for this year.
Dr. Taron remarked that the Center had carried its own weight and he was proud of its accomplishments for the community.
The director, Mr. Etchieson, reported on the funds available for the sprinkler system stating that the Expo had $100,000 in its budget for improvements and the City had allocated some monies for the Center.
The Commission expressed appreciation to Dr. Joe Taron and to Director Ken Etchieson for coming before the Commission to clear up some questions the Commission had and to give a better understanding of the relationship between the City and the Civic and Cultural Development Authority.
AGENDA ITEM NO. 9: Consider authorizing staff to advertise for bids on a Dry Pipe Fire Sprinkler System for the Heart of Oklahoma Exposition Center. (Deferred from 5/1/00 meeting)
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to authorize staff to advertise for bids on a dry pipe fire sprinkler system for the Heart of Oklahoma Exposition Center. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 12: Discuss and consider procedure to use in evaluating and approving next year’s budget.
Under this item, Commissioner Claybrook stated that he hoped the City Commission would become more involved in the budget process and he suggested that a work session be held prior to the public hearing on the budget for FY2000-2001.
City Treasurer Jim Wilsie had included in the agenda packet the Budget Calendar that had been revised for the Commission’s budget work session.
After discussion, a motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve a work session for the Commission on the City of Shawnee Budget for FY 2000-2001 starting at 6:30 p.m. on Tuesday, May 23, 2000. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 13: Discuss and consider procedures to utilize in receiving investigative audit of airport contracts.
Commissioner Claybrook brought this item before the Commission to request that after the audit had been completed on the airport contracts, that the independent auditor make a verbal and written report to the City Commission.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that a verbal and written report be given to the Commission by the auditor, Crawford & Associates, to report his findings on the airport contracts after completion and at a regular City Commission
meeting when the auditor can be available. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 14: Consider bids.
The following bids were awarded:
a. Hydraulic Power Unit (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to award the bid for the hydraulic power unit to Midwestern Equipment Company, Oklahoma City, Oklahoma, in the amount of $10,787.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Blair, Roach, Downing, Claybrook
NAY: None
b. One or more Mid-size Automobile(s), Program Vehicle (award)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to award the bid for the one or more mid-size automobile (program vehicle) to Harveys Inc., Shawnee, Oklahoma, for two vehicles with a 1999 Chevy Lumina in the amount of $10,750 and an Olds Cutlass for $10,970 with both vehicles equipped with a 3-year 50,000 mile warranty for $620 additional per vehicle for a total of $22,340, as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
c. Aggregate Materials (award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to award the bid for aggregate materials consisting of 1-1/2” crusher run #2, 1-1/2” coarse stone, 1-1/2” mill run, and 12” rip rap to Meridian, Mill Creek, Oklahoma, and all others to Dolese Brothers, Inc., Oklahoma City, Oklahoma at its Davis location. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
d. Hauling & Unloading Aggregate Materials (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to award the bid for hauling and unloading aggregate materials to Byron Cole Trucking from the quarry to Public Works Yard and Larry Johnson Trucking from the quarry to Shawnee Twin Lakes. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
Bids for the following were opened, read aloud and found to be as follows:
e. Raw Water Line Repair (open)
BIDDER AMOUNT
S.E.A. Construction, Corp. $260,000.00
Edmond, OK
Central Contracting Services $171,220.00
Oklahoma City, OK
Jordan Contractor’s Inc. $195,000.00
Tecumseh, OK
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept staff’s recommendation to refer all bids for the raw water line repair to staff for review and report back at the next meeting. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Roach, Downing, Claybrook
NAY: None
f. Workers Compensation Stop-Loss Insurance (open)
Company $150,000 $200,000 $250,000 $500,000 $l million Comments
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept staff’s recommendation to refer all bids for the Workers Compensation Stop-Loss Insurance to staff for review and report back at the next meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
g. Shawnee Fire Department Rescue Unit (open)
BIDDER AMOUNT
Ferrara Fire Apparatus, Inc. $120,671.00
Holden, LA
American LaFrance $119,850.00
Oklahoma City, OK
Chief Fire & Safety, Inc. $130,453.00
Chickasha, OK
Pierce Manufacturing, Inc. No Bid
Appleton, WI
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to accept staff’s recommendation to defer all three bids for the rescue unit to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 15: 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 considered.
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Roach expressed appreciation to staff for their patience with the Commission.
AGENDA ITEM NO. 18: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Roach, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (10:38 p.m.)
AYE: Roach, Pettyjohn, Harrod, Harden, Blair, Downing, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
AGENDA
SHAWNEE MUNICIPAL AUTHORITY
MAY 15, 2000 AT 7:30 P.M.
COMMISSION CHAMBERS AT CITY HALL
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
* Minutes of May 1, 2000 meeting Pgs. 1-2
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
AGENDA
SHAWNEE AIRPORT AUTHORITY
MAY 15, 2000 AT 7:30 P.M.
COMMISSION CHAMBERS AT CITY HALL
1. Call to Order
2. Declaration of a Quorum
3. Consider approval of Consent Agenda
* Minutes of May 1, 2000 meeting Pgs. 1-2
4. Administrative Reports
5. New Business
6. Adjournment
Respectfully submitted,
Diana Hallock
Authority Secretary
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