Date: 1/16/2001Board: City CommissionDocumentType: MinutesWeb Posted: 4/2/2001 3:13:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

JANUARY 16, 2001 AT 7:30 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, Tuesday, January 16, 2001 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 Larry Norris
Heritage Baptist 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 as set forth in Agenda Item No. 9.

b. Minutes of January 2, 2001 meeting

c. Acknowledge the following reports and minutes:

* Budget Status Report as of December 31, 2000

* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of January, 2001

* Utility Division Report for the month of December, 2000

* City Clerk Collection Report for month of December, 2000

* Building Inspector Report for the month of December, 2000 and Yearly Building Permit Report for the year 2000

* Shawnee Police Department monthly report for the month of December, 2000

* Planning Commission minutes of December 6, 2000 meeting

* Civic and Cultural Development Authority minutes of November 16 and November 29, 2000 meetings

* Shawnee Public Library Board minutes of October 10, 2000 meeting

d. Acknowledge memorandum from Fire Chief James Roberts, concerning the termination of the local Fire Department Pension Board

e. Approve out-of-state travel for Pat Cope and Keith Mangus to attend American Traffic Safety Services Association training in Dallas, Texas February 5 - 7, 2001

f. Approve out-of-state travel for Lori Bowlan to attend FAA Southwest Regional Conference in Fort Worth, Texas February 5 – 7, 2001

g. Acknowledge Addendum to Consent Order from Oklahoma Department of Environmental Quality

h. Acknowledge agreement between employer and employee from Worker’s Compensation Court dated January 9, 2001 concerning Johnny Moody v. City of Shawnee, WCC No. 1993-03097F

i. Acknowledge agreement between employer and employee from Worker’s Compensation Court dated January 4, 2001 concerning Bill Igo v. City of Shawnee, WCC No. 2001-00047Q

j. Mayor’s Appointments:

Housing Authority of the City of Shawnee
Reappoint Rebecca Carter to a three year term to expire 2/04/04

Downtown Shawnee Board of Directors
Appoint Commissioner Steven Blair as ex-officio member

A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve Consent Agenda Item No. 1 (a-j), inclusive. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None

AGENDA ITEM NO. 2: City Manager Presentation:

City Manager Terry Powell presented a plaque and gift certificate to Maurice Harris, Line Maintenance Division, as the December employee of the month in recognition of his excellent and dedicated service with the City of Shawnee and for his recent heroic act for noticing a vehicle on fire and using his fire extinguisher to put out the fire and rescuing two small children out of their car seats to safety.
The city manager also recognized and presented the “Golden Manhole Award” to Jim Bierd, Line Maintenance Superintendent and his crew consisting of Scott Moore, Calvin Wilson, Craig Lee, Loren Greenlee, and Craig Sutton, for flushing 2,000,000 feet (378.8 miles) of sewer line from 1995 to the end of 2000.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 2610 N. Bryan from A-1, Agricultural District to I-1, Restricted Light Industrial District for use as a radio station communication site. (Applicant: Dan Overland for Overland Communications, Inc. Application withdrawn by Applicant)

It was noted Agenda Item No. 3 was withdrawn by the applicant.

Mayor Harden stated that the Commission would now deviate from the formal agenda by considering Agenda Item No. 4 after Agenda Item No. 7.
AGENDA ITEM NO. 5: Presentation of additional information concerning capital improvements project package from financial consultants and staff.

City Manager Terry Powell requested Expo Manager Ken Etchieson to speak concerning the additional information concerning the multi-purpose building as part of the capital improvements project package.
Mr. Etchieson presented comprehensive information about the “people building” which would be built in two stages.
He prefaced his report by giving an overview of the plans to build a multi-purpose building dating back to 1975.
He stated that the first phase would be a conference center then later an exhibit hall of 45,000 square feet would be built. Continuing, he noted that the conference center would be about 12,000 square feet of meeting rooms, kitchens and restrooms. Rooms could be divided for versatility; the facility would have audio-visual and banquet capabilities.
He stated Expo facilities currently are used 164 calendar days per year for lease activities. That number could be expected to be considerably higher if a conference center was available.
In justifying the need for the multi-purpose building, Mr. Etchieson named several different needs such as organizations need a place to hold large events; Shawnee High School graduation seating up to 4,500; and convention space that would accommodate large luncheons or dinners and general assemblies all at one location.
He emphasized that tourism is the third largest industry in Oklahoma and with Shawnee close to Oklahoma City, the outside sales tax collected from visitors to Shawnee is forty-eight percent (48%) while Shawnee citizens pay the fifty-two percent (52%).
After the presentation, several questions were asked by the Commission.
AGENDA ITEM NO. 6: Public forum concerning capital improvements project package consisting of water treatment plant modifications, multi purpose building, regional park/sports complex and downtown streetscape.

Mayor Harden declared the public forum open concerning capital improvements project package consisting of water treatment plant modifications, multi-purpose building, regional park/sports complex and downtown streetscape.
Several civic leaders came forward to endorse the four projects. Those in attendance were: Mr. Ken Fullbright, chairman of the Tourism Advisory Committee; Mr. John Edgin, chairman of the Civic and Cultural Development Authority (Expo Board); Ms. Margaret Davis, chairman of the Greater Shawnee Area Chamber of Commerce who also represented the Citizens Advisory Committee, and Mr. Ronny Jones, president of Downtown Shawnee.
All the civic leaders spoke of endorsing the projects and improving the City and quality of life.
Ms. Doris Smalley, 2703 Northridge, a retired public servant, spoke in opposition stating her main concern was obligating the citizens of Shawnee to such a large debt without a vote of the people.
City Manager Terry Powell responded to her concerns explaining the citizens had voted to extend the sales tax last year and that the City does have contingency plans to cover the debt in the event of an economic downturn.
Since there were no others to comment, Mayor Harden declared the public forum closed at 8:42 p.m.
AGENDA ITEM NO. 7: Consider capital improvements project package consisting of water treatment plant modifications, multi-purpose building, regional park/sports complex and downtown streetscape.

The Commission next considered the capital improvements project package.
Commissioner Claybrook made a motion to approve the water plant modifications and that the other three parts of the project package be submitted to a vote of the people since they are not requirements and are considered discretionary expenditures.
Commissioner Pettyjohn seconded the motion for discussion purposes only.
A discussion ensued wherein Commissioner Claybrook questioned the proposed multi-purpose building at the Expo Center stating that during the sales tax presentations in the past a list of items were considered potential uses.
City Manager Terry Powell responded that he had discussed in the sales tax presentations that parks in general were brought up and the streetscape and other projects were presented. He did note that the sports complex was not mentioned at that time.
Commissioner Pettyjohn commented that besides the interested civic organizations present at this meeting, he had not heard from the general public that they wanted a multi-purpose building.
Commissioners Harrod and Roach spoke favorably of the capital improvements project and what a positive impact it would be for Shawnee’s future.
After a lengthy discussion, the motion on the floor was called for a vote. Motion failed.
AYE: Claybrook
NAY: Pettyjohn, Harrod, Harden, Blair, Roach Downing
Next, Commissioner Harrod made a motion, seconded by Commissioner Roach, to approve the capital improvements project package consisting of water treatment plant modifications, multi-purpose building, regional park/sports complex and downtown streetscape as presented.
Before voting, Commissioner Claybrook asked a series of specific questions relating to financial expenditures of the taxpayers money in analysis of determining if the multi-purpose building was feasible.
City Manager Terry Powell called upon Expo Manager Ken Etchieson to address those concerns. The following vote was then cast.
Motion carried.
AYE: Harrod, Roach, Downing, Pettyjohn, Harden, Blair
NAY: Claybrook
AGENDA ITEM NO. 4: Consider contracting for investment banking services with Oppenheim for capital improvements project package. (Information to be distributed separately)

City Treasurer/Finance Director Jim Wilsie presented the proposed contract for investment banking services with Oppenheim, an investment banking firm, regarding the capital improvement program financing.
COMMISSIONER HARROD OUT OF ROOM AT 9:10 P.M. AND RETURNED AT 9:11 P.M.

In reporting, Mr. Wilsie stated that in his preliminary discussions with Oppenheim, the issuance of bonds does not appear to be the best financing method and that a tax-exempt bank loan may be the best option. That would give the City the flexibility not to draw the money until it was needed.
He stated that Oppenheim’s proposed fee would be 0.5% of the debt issued which in his opinion was a favorable rate. He highly recommended Oppenheim since they have an excellent record in refinancing and sales tax issues and also the City has used Oppenheim’s services in the past.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to authorize contracting with Oppenheim, a Division of BOSC, Inc., for investment banking services regarding the capital improvements project package contingent upon the City Attorney John Canavan’s approval of the contract. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None

AGENDA ITEM NO. 8: Consider a resolution declaring ADF system at Shawnee Municipal Airport surplus and obsolete and authorizing staff to accept sealed bids on said property.

Resolution No. 6095 was introduced and the title read aloud.

Resolution No. 6095 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; and authorizing staff to accept sealed bids.”

A motion was made by Commissioner Harrod, seconded by Commissioner Blair, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Blair, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None

Thereupon Mayor Harden declared Resolution No. 6095 duly passed and adopted.
AGENDA ITEM NO. 9: Consider Bids and Proposals.

a. Financial and Other Municipal Software (award)

City Treasurer/Finance Director Jim Wilsie presented additional information in justification of selecting INCODE of Lubbock, Texas as the best bid.
Mr. Wilsie advised the Commission that he had budgeted approximately $59,124 per year for the three-year lease purchase of the system and he would like authorization to negotiate a final contract since there were some costs that could be reduced.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept staff’s recommendation to award the financial and other municipal software bid to INCODE, Lubbock, Texas, and that City Treasurer/Finance Director Jim Wilsie be authorized to

negotiate a final contract price. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None

THE COMMISSION RECESSED AT 9:46 P.M. WITH ALL COMMISSIONERS PRESENT.

THE COMMISSION NOW RECONVENED AT 9:55 P.M. WITH ALL COMMISSIONERS PRESENT.

b. Water Treatment Plant Improvements – Phase I (award)

Mr. Bruce Bellen, the city’s consultant, of Holloway, Updike and Bellen, Inc. was present to explain about the water treatment process and the safety of the chemicals used.
Public Works Director James Cole reported that staff was recommending to award the bid to Lamar Industries, Inc. of Shawnee. Although Lamar was not the lowest bid, Mr. Cole justified staff’s recommendations as: (1) the three lowest bids were within an 8.5% spread; (2) the City has had excellent experience with Lamar on the Northside Wastewater Treatment plant expansion project; (3) Lamar is a local company; (4); and the less than one tenth of one percent difference in their bid would more than make up with the use of local workers and subcontractors.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to accept staff’s recommendation to approve the contract with Lamar Industries, Shawnee, Oklahoma, for the water treatment
plant improvements, that included the base bid, deductive Alternate No. l and additive Alternate No. 6, for a contract price of $2,780.599.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None

c. Computer-Assisted Dispatch System, Records Management and Mobile Data Systems (open)

BASE RFP ALTERNATE
COMPUTER-ASSISTED MOBILE DATA
PROPOSER DISPATCH SYSTEM SYSTEMS

Global Software Corporation $123,238.00 10 units $132,650.00
Oklahoma City, OK 20 “ 236,050.00
30 “ 339,450.00

Indico Corp. $197,793.75 NO BID
Fort Worth, TX

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept staff’s recommendation to refer the proposals received for the computer-assisted dispatch system and records management and mobile data systems to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None


d. One or more 2001 One-Half Ton Pickup Trucks (open)

BIDDER AMOUNT

Klement Ford
Shawnee, OK $15,999.00

Harvey’s, Inc.
Shawnee, OK $14,340.00

Brackeen Motors, Inc.
Shawnee, OK $15,071.00

A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to refer the bids received for the one or more 2001 one-half ton pickup trucks to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None

e. One 50 HP Low Profile All Purpose Tractor (open)

BIDDER AMOUNT

Turner Equipment Company
Shawnee, OK $16,391.00

Enlow Ford Tractor, Inc.
Tulsa, OK $16,949.00

Dinsmore Tractor Sales, Inc.
Shawnee, OK $16,463.75

Central New Holland, Inc.
Oklahoma City, OK $17,147.00

A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to accept staff’s recommendation to refer the bids received for the one 50 HP low profile all purpose tractor to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None

f. One 2001 One Ton Cab and Chassis with Flat Dump Body Bed (open)

BIDDER AMOUNT

Klement Ford
Shawnee, OK $25,142.00

Harvey’s Inc. $24,652.00
Shawnee, OK $24,737.00

Brackeen Motors, Inc.
Shawnee, OK $25,729.00

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to accept staff’s recommendation to refer the bids received for the one 2001 one ton cab and chassis with flat dump body bed to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
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)

Under New Business, Fire Chief James Roberts announced that Shawnee was declared a storm disaster area and application for public assistance for FEMA funds through the Oklahoma Department of Civil Emergency Management had not been received until today.
He requested the Commission approve a proclamation in order to proceed with the request for funding.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve a proclamation declaring December 25, 2000 through January 10, 2001, as a state of emergency to exist within Shawnee. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None

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)

There was no Citizens Participation.

AGENDA ITEM NO. 13: Commissioners’ Comments.

Under Commissioners’ Comments, Vice Mayor Downing and other Commission members would not be able to meet on Saturday, January 20th for the special called session.
After discussion, it was the consensus of the Commission that the “Planning Work Session” be scheduled for Monday, January 29, 2001 at 7:00 p.m. in the Emergency Operations Center at City Hall.
*Commissioner Roach reported on the Kidspace park project noting equipment, materials, volunteers, food, and money were needed to complete the park by the end of March. A community-wide fundraising basketball game was set for February 16, 2001.
Commissioner Harrod thanked the Street Department crews for their efforts with the recent snow and ice problems; and he also thanked City Clerk Diana Hallock for providing excellent agenda packets for the meetings.
*Commissioner Pettyjohn commented about the slow progress on the Federal Street improvements and if anything could be done to expedite completing the project.
City Engineer John Krywicki addressed his concerns and stated that the Oklahoma Department of Transportation (ODOT) and the contractor were doing the best they could considering the problems with the waterline relocations that were not identified when the project was bid and the inclement weather that has slowed down the project.
*Commissioner Claybrook questioned about the lawsuit regarding the City’s police union suing the City of Shawnee that was in a local newspaper.
City Manager Terry Powell reported that the case was being handled by Margaret Love, the City’s labor attorney, and she was reviewing a proposed settlement from the IUPA.
*Vice Mayor Downing also questioned Public Works Director James Cole about the Dunsford vs. City of Shawnee lawsuit published in the newspaper.
Public Works James Cole responded that through the City’s insurance carrier a settlement offer had been made and the Dunsford refused to accept.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (10:40 p.m.)
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK


AGENDA

SHAWNEE MUNICIPAL AUTHORITY
JANUARY 16, 2001 AT 7:30 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA


1. Call to Order

2. Declaration of a Quorum

3. Consider approval of Consent Agenda

* Minutes of January 2, 2001 meeting Pgs. 1-2

4. Administrative Reports

5. New Business

6. Adjournment

Respectfully submitted,


Diana Hallock
Authority Secretary

AGENDA

SHAWNEE AIRPORT AUTHORITY
JANUARY 16, 2001 AT 7:30 P.M.
COMMISSION CHAMBERS AT CITY HALL
SHAWNEE, OKLAHOMA


1. Call to Order

2. Declaration of a Quorum

3. Consider approval of Consent Agenda

a. Minutes of January 2, 2001 meeting Pgs. 1-2

b. Confirm action taken under City Commission Agenda Item No. 7 concerning declaring ADF system obsolete and authorizing staff to accept seal bids on said property


4. Administrative Reports

5. New Business

6. Adjournment


Respectfully submitted,


Diana Hallock
Authority Secretary


AGENDA NOTES

BOARD OF CITY COMMISSIONERS MEETING
JANUARY 16, 2001 AT 7:30 P. M.
COMMISSION CHAMBERS AT CITY HALL


CALL TO ORDER
DECLARATION OF A QUORUM
INVOCATION
FLAG SALUTE

1. Consider Approval of Consent Agenda

a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 9.

b. Minutes of January 2, 2001 meeting Pgs. 1-9

c. Acknowledge the following reports and minutes:

* Budget Status Report as of December 31, 2000 Pgs. 10-26

* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of January, 2001 Pg. 27

* Utility Division Report for the month of December, 2000 Pgs. 28-46

* City Clerk Collection Report for month of December, 2000 Pgs. 47-48

* Building Inspector Report for the month of December, 2000 and Yearly Building Permit Report for the year 2000 Pgs. 49-55

* Shawnee Police Department monthly report for the month of December, 2000 Pgs. 56-57

* Planning Commission minutes of December 6, 2000 meeting Pgs. 58-62

* Civic and Cultural Development Authority minutes of November 16 and November 29, 2000 meetings Pgs. 63-77

* Shawnee Public Library Board minutes of October 10, 2000 meeting Pgs. 78-79

d. Acknowledge memorandum from Fire Chief James Roberts, concerning the termination of the local Fire Department Pension Board Pg. 80

e. Approve out-of-state travel for Pat Cope and Keith Mangus to attend American Traffic Safety Services Association training in Dallas, Texas February 5-7, 2001 Pg. 81

f. Approve out-of-state travel for Lori Bowlan to attend FAA Southwest Regional Conference in Fort Worth, Texas February 5 – 7, 2001 Pgs. 82

g. Acknowledge Addendum to Consent Order from Oklahoma Department of Environmental Quality Pgs. 83-87


h. Acknowledge agreement between employer and employee from Worker’s Compensation Court dated January 9, 2001 concerning Johnny Moody v. City of Shawnee, WCC No. 1993-03097F Pgs. 88-90

i. Acknowledge agreement between employer and employee from Worker’s Compensation Court dated January 4, 2001 concerning Bill Igo v. City of Shawnee, WCC No. 2001-00047Q Pgs. 88-90

j. Mayor’s Appointments: Pg.91

Housing Authority of the City of Shawnee
Reappoint Rebecca Carter to a three year term to expire 2/04/04

Downtown Shawnee Board of Directors
Appoint Commissioner Steven Blair as ex-officio member

2. City Manager Presentation:

Award to “Employee of the Month”

Recognition of Line Maintenance Department for flushing 2,000,000 feet of sewer line

3. Public hearing and consider an ordinance to rezone property located at 2610 N. Bryan from A-1, Agricultural District to I-1, Restricted Light Industrial District for use as a radio station communication site. (Applicant: Dan Overland for Overland Communications, Inc. Application withdrawn by Applicant) Pg. 92

4. Consider contracting for investment banking services with Oppenheim for capital improvements project package. (Information to be distributed separately)

5. Presentation of additional information concerning capital improvements project package from financial consultants and staff.

6. Public forum concerning capital improvements project package consisting of water treatment plant modifications, multi purpose building, regional park/sports complex and downtown streetscape.

7. Consider capital improvements project package consisting of water treatment plant modifications, multi-purpose building, regional park/sports complex and downtown streetscape.

8. Consider a resolution declaring ADF system at Shawnee Municipal Airport surplus and obsolete and authorizing staff to accept sealed bids on said property. Pg. 93




9. Consider Bids and Proposals: Pgs. 94-118

a. Financial and Other Municipal Software (award)
b. Water Treatment Plant Improvements – Phase I (award)
c. Computer-Assisted Dispatch System, Records Management and Mobile Data Systems (open)
d. One or more 2001 One-Half Ton Pickup Trucks (open)
e. One 50 HP Low Profile All Purpose Tractor (open)
f. One 2001 One Ton Cab and Chassis with Flat Dump Body Bed (open)

10. New Business (Any matter not known about or which
could not have been reasonably foreseen prior to the time of posting agenda)

11. Administrative Reports


12. Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)

13. Commissioners’ Comments

14. Adjournment

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