BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 4, 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, Monday, June 4, 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 Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
Brad Roach
Commissioner Ward 5
INVOCATION Reverend Larry Sparks
Chaplin
Shawnee Regional Hospital
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. 11.
b. Minutes of May 21, 2001 meeting
c. Transfer of Appropriations in General Fund.
d. Acknowledge the following reports and minutes:
* Shawnee Urban Renewal Authority minutes of May 8, 2001 meeting
* Civic and Cultural Development Authority minutes of April 19 and May 2, 2001 meetings
* Traffic and Transportation Commission minutes of April 24, 2001 meeting
e. Approve out-of-state travel for Mike Southard to attend the Community Development Institute in Arkansas July 15 – 20, 2001
f. Approve out-of-state travel for Mike Wolf to attend HUD application workshop in Ft. Worth, Texas June 18-20, 2001.
g. Authorize staff to advertise for bids for water treatment chemicals for the 2001/2002 fiscal year
h. Authorize staff to advertise for design proposals and assist in the site selection for the regional park
i. Recommendations from Traffic and Transportation Commission of the May 22, 2001 meeting:
1) Consider request from Ms. Shanon Dooty, 1302 E. Whittaker, for “No Parking 8:00 a.m. to 4:00 p.m. Monday through Friday” sign for the south side of the 1300 block of East Whitaker.
Recommendation: To prohibit parking from 8:00 a.m. to 5:00 p.m., Monday through Friday, on the south side of Whittaker Street from Draper Street and extending 90 feet east.
2) Consider a request from Mr. William Gunn, 801 N. McKinley, to place “Children at Play” signs and 4-way stop signs at the intersection of McKinley and Anna Streets.
Recommendation: To deny the request as written. Also recommendation of survey for grid stop sign system and police surveillance in area. Grid system to be considered at next scheduled meeting.
3) Consider a request from Mr. Sam Baxter, 211 S. Minnesota, for “Slow – Children at Play” signs in the 200 block of South Minnesota Street.
Recommendation: To deny request.
j. Recommendations and contracts from the Community Service Contracts Review Committee of May 30, 2001 meeting:
1) Request from Downtown Shawnee, Inc. for renewal of contract for fiscal year 2001-2002 in the amount of $42,500.00.
Recommendation: To approve request in the amount of $40,000.00. ($2,500.00 less than last year)
2) Request from Pottawatomie County District Attorney’s Office for renewal of the Drug Task Force contract for fiscal year 2001-2002 for $20,000.00.
Recommendation: To approve request in the amount of $20,000.00 (same as last year).
3) Request from Senior Citizens of Shawnee for renewal of contract for fiscal year 2001-2002 in the amount of $58,808.42.
Recommendation: To approve request in the amount of $48,000.00 (same as last year)
2) Request from Central Oklahoma Transit System/COCAA for renewal of contract for fiscal year 2001-2002 in the amount of $59,950.00.
Recommendation: To approve request in the amount of $59,950.00 (same as last year)
3) Request from Central Oklahoma Community Action Agency for renewal of contract for the Municipal Auditorium and Shawnee Community Center for fiscal year 2001-2002 in the amount of $82,569.00.
Recommendation: To approve request in the amount of $76,608.00 (same as last year).
4) Request from Salvation Army Boys & Girls Club for renewal of contract for 2001-2002.
Recommendation: To approve request in the amount of $2,000.00. ($2,000.00 less than last year)
Before voting on the Consent Agenda, Commissioner Harrod requested to pull j (1) and (4) for separate consideration.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (a-j), less j (1) and (4), as presented. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
Mr. Ronny Jones, President of Downtown Shawnee, appeared before the Commission to request that $42,500 be funded to the downtown area
rather than the $40,000 as recommended by the Community Service Contracts Review Committee.
He gave an account of the accomplishments and the ongoing improvements being made to downtown.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1(j) renewing the contract between Downtown Shawnee, Inc. and the City of Shawnee for
fiscal year 2001-2002 in the amount of $42,500.00. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver
NAY: Pettyjohn
Continuing to j(4), a motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to table the request from Central Oklahoma Transit System/COCAA for renewal of contract for fiscal year 2001-2002 in the amount of $59,950.00 until further information from the taxi company had been received.
Before casting votes, City Manager Terry Powell and Mr. John Shea, representative of the Central Oklahoma Transit System/COCAA, reported that matters had been worked out with Mr. Bedwell, Yellow Taxi Cab Company, in regards to equal transportation services.
Commissioner Harrod and Commissioner Weaver then withdrew their motion and second and made the following motion.
Motion by Commissioner Harrod, seconded by Commissioner Weaver, to approve Central Oklahoma Transit System/COCAA for renewal
of contract for fiscal year 2001-2002 in the amount of $59,950.00. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 2: Public hearing and submission of preliminary budget for the City of Shawnee for the period July 1, 2001 through June 30, 2002. (previously distributed).
Mayor Harden declared a public hearing in session for submission of the preliminary budget for the City of Shawnee for the period July 1, 2001 through June 30, 2002.
No persons appeared and the public hearing was closed.
Mayor Harden announced that no action was necessary at this meeting and that the final budget would be considered at the next regular meeting.
It was noted that a special called meeting of the Commission was scheduled for June 11th at 7:30 p.m. in the Commission Chambers for a budget work session.
AGENDA ITEM NO. 3: Consider a resolution supporting continued participation in the Main Street Program.
Resolution No. 6114 was introduced and the title read aloud.
Resolution No. 6114 entitled “A resolution supporting continued participation in the Main Street Program.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Weaver, Roach, Downing, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Resolution No. 6114 duly passed and adopted.
AGENDA ITEM NO. 4: Consider a resolution of agreement between the City and the Pottawatomie County Board of County Commissioners designating joint partnership in a sewer line to enhance economic development.
The agenda notes explained that Pottawatomie County wishes to extend an 8-inch sewer line and will pay one hundred percent (100%) of the costs for design and construction.
After the project has been completed in accordance with City standards and a 2-year maintenance bond has been provided, then the City would accept the improvements for maintenance and operation.
Resolution No. 6115 was introduced and the title read aloud.
Resolution No. 6115 entitled “Agreement between the City of Shawnee, Oklahoma and the Board of County Commissioners of Pottawatomie County, Oklahoma designating the joint partnership and effort to provide a sewer line to enhance economic development in Pottawatomie County as defined herein.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Weaver, Roach, Claybrook, Pettyjohn, Harrod
NAY: None
Thereupon Mayor Harden declared Resolution No. 6115 duly passed and adopted.
AGENDA ITEM NO. 5: Consider an ordinance prohibiting parking on the south side of Whittaker Street from Draper Street and extending east 90 feet.
Ordinance No. 2006NS was introduced and the title read aloud.
Ordinance No. 2006NS entitled “An ordinance amending Section 16-138, Chapter 16, 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 Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, the Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2006NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider a Wireless Communications Management agreement with Utility Service Communications.
Public Works Director James Cole informed the Commission that he and Fire Chief James Roberts had met with representatives of Utility Service Communications to discuss the management of wireless communications facilities on the City’s water towers.
He further advised that Utility Service Communications is a division of Utility Service Co., Inc., the company that is under contract with the City to maintain the City’s five water towers. They have completed renovation of three of the towers and are currently working on the back wash tower at the Water Treatment Plant and will begin on the exterior or the million-gallon tank this month.
Mr. Cole stated that under the terms of this management agreement, the City would receive an amount equal to seventy percent of the gross annual site rental receipts.
According to Mr. Cole, Utility Service Communications would be responsible for all overhead expenses incurred with the performance of the agreement.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to accept staff’s recommendation to authorize the city manager to enter into a contract with Wireless Communications Management for service. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: Harrod
AGENDA ITEM NO. 7: Update and discussion concerning the deannexation of property located south of Shawnee.
Community Development Director Michael Southard reported that Commissioner Pettyjohn had asked that the de-annexation of property south of the river be placed on the agenda for discussion purposes.
In discussion, staff recommended that the Commission give specific location(s) for consideration by the Annexation Committee. The committee continued an item to de-annex all property owned by the Citizens Band Potawatomi Nation at its last meeting to be reconsidered at the next Annexation Committee meeting once the areas are narrowly defined.
The Commission discussed and questioned the benefits of de-annexing the tribal properties. They identified the loss revenue from grocery sales and O.G.&E franchise fees and a wider area being in the flood plain south of the river as some concerns for the city.
Some of the Commission members voiced their desire to proceed with defining the boundaries and getting this matter resolved.
City staff and city attorney will research the properties.
AGENDA ITEM NO. 8: Presentation by Mike Southard regarding storm shelters.
Community Development Director Mike Southard reported that staff had received several requests to construct storm shelters in the front yard of homes since the May 3rd tornado in 1999.
He informed that many storm shelter contractors had misled their customers as to the regulations and installation requirements and most of the complaints had derived from that misinformation.
He called upon Mike Cox, Code Enforcement Officer, to give a presentation regarding the various locations in the city with storm shelters.
Mr. Cox presented information pertaining to the location restrictions, installation requirements, and avoiding potentially hazardous situations.
In particular, he addressed the requirements by the Federal Emergency Management Administration (FEMA) for garage installations of storm shelters and the possible hazards.
Mr. Cox stated that Shawnee had a good zoning ordinance and he urged the Commission to retain its current ordinance to restrict storm shelters being built in residential front yards.
AGENDA ITEM NO. 9: Presentation by James Cole regarding Storm Water Phase 2 Program.
Public Works Director James Cole gave a presentation on the Storm Water Phase 2 program that will need to be implemented by the City in accordance to Federal mandates.
He informed the Commission that the Federal law involved the Clean Water Act of 1972 that focused on wastewater discharges.
He advised that by March 2003, the City must obtain a permit from the Department of Environmental Quality for discharge of storm water into the river.
He presented criteria that the City would need to adhere to and be in compliance with the laws.
He stated that this program is a large undertaking and the City will need to determine how to approach this mandate which could cost around $100,000 per year.
Mr. Cole will give another presentation at a later date.
AGENDA ITEM NO. 10: Consider authorizing staff to proceed with the design and advertising for bids for the Independence Street Sidewalk Project from Harrison Street to Center Street.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve authorizing staff to proceed with the design and advertising for bids for the Independence Street Sidewalk Project from Harrison Street to Center Street. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Claybrook
NAY: None
AGENDA ITEM NO. 11: Consider Bids.
a. Independence Street Paving Project (award)
City Engineer John Krywicki recommended to defer awarding this item to allow time for agreements to be in-place between the City and the developers of the Bridges and Windmill Additions for funding participation of the first half-mile from Bryan and another agreement between the City and the County for funding of the second one-half mile to Brangus Road.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept staff’s recommendation to defer the bid on Independence Street Paving to the next meeting. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden
NAY: None
b. Water Improvement District (award)
Before voting on this item, staff had estimated that based on the proposed bid, the Granada, Tanglewood, Coronado, and Cedar Creek property assessments were estimated at $3,9l5.22 per lot (total of 135 lots).
The Commission was also informed that the assessments could go lower depending on the arrangements to be worked out with Tri-County Rural Water District for connection fees to the City’s water line system.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to award the water improvement district bid to Winsett Construction, Shawnee, Oklahoma, in the amount of $528,555.00 as the lowest and best bid contingent upon the outcome of the public hearing regarding the assessment costs and negotiation with Tri-County Rural Water District. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
c. Digital Audio Logging Recorder (award)
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to award the digital audio logging recorder bid to Voice Print International, Inc., Oklahoma City, Oklahoma, in the amount of $25,810.50 as the lowest and best bid. Motion carried.
AYE: Weaver, Harrod, Harden, Downing, Claybrook, Pettyjohn
NAY: None
d. Aggregate Materials (open)
Bid Tabulation
Bid to Supply Aggregates
2001-2002 Fiscal Year
Dolese Brothers Meridian
Davis Quarry Aggregates
1 1/2" Crusher Run #1 2.65 4.50
1 1/2" Crusher Run #2 No Bid 4.00
2" Crusher Run 2.65 No Bid
3/8" Limestone Chips 5.95 No Bid
5/8" Limestone Chips 5.60 No Bid
1 1/2" Coarse Stone 4.55 8.00
2" Coarse Stone 5.25 8.00
3/8" Screenings 3.65 3.75
5/8 Mill Run No Bid 3.00
1 1/2" Mill Run #10 4.35 4.00
6" Rip Rap No Bid No Bid
8" Rip Rap No Bid No Bid
10" Rip Rap No Bid No Bid
12" Rip Rap 8.50 7.00
18" Rip Rap 7.50 7.50
24" Rip Rap 7.50 8.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept staff’s recommendation to defer the bid for aggregate materials to the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
e. Hauling and Unloading Aggregate Materials (open)
Bid Tabulation
Bid to Haul Aggregates
2001-2002 Fiscal Year
Byron Cole L & D Joe Brown
Trucking Trucking Company
Hauling from Dolese Brothers
Davis, OK
To Public Works Yard 5.98 6.00 6.60
To Shawnee Twin Lakes 6.50 6.48 6.85
Hauling from Meridian Aggregate
Mill Creek, OK
To Public Works Yard 5.98 6.00 7.21
To Shawnee Twin Lakes 6.50 6.48 7.21
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to defer the bid for hauling and unloading aggregate materials to the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
f. Asphaltic Concrete Type A, B & C (open)
Vendor T. J. Campbell Construction Haskel Lemon Construction APAC of Oklahoma
Material Price per ton Price per ton Price per ton
Type A Delivered 31.73 27.50 28.45
Type B Delivered 32.48 28.50 29.70
Type C Delivered 32.48 28.50 29.70
Type A at Plant 26.75 25.50 22.50
Type A at Plant 27.50 26.00 23.75
Type A at Plant 27.50 26.00 23.75
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to defer the bid for asphaltic concrete Type A, B & C to the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 12: 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. 13: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 14: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 15: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Claybrook had questions about the Emergency Management Technician being trained as a firefighter and what were the benefits to the public.
Fire Chief James Roberts responded by stating that her (Jennifer Duff) job requires her to do field work that involves working with the fire department and this training gives her a better understanding of coordinating what resources are needed.
Commissioner Harrod re-emphasized his reasons for voting to award the waste disposal contract to BFI in response to the Shawnee News-Star editorial. Those reasons included that he was contacted by numerous citizens that wanted to retain BFI’s services; he did not hear from anyone who wished to change services; he did not vote to give BFI a $600,000 increase as suggested in the editorial, but to retain the current contract price.
Commissioner Weaver commented that he too had made himself clear about his vote for BFI at that particular meeting and he would stand behind those reasons and he stated that if the citizens had any questions they were welcome to call him at home to discuss any matters.
On the same subject, Mayor Harden also commented that she had concerns about Total Waste Systems, the newcomer in the trash business, about servicing a larger city such as Shawnee; and she voted according to what the citizens wanted.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:50 p.m.)
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
____________________________
CITY CLERK
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