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, September 17, 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 Ward 5
Commissioner Ward 6-Vice Mayor Vacant
INVOCATION Reverend Emmitt Hazelwood
Volunteer Chaplain at 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. 14.
b. Minutes of August 21 and September 4, 2001 meetings
c. Acknowledge the following reports and minutes:
* Sales Tax Report through September, 2001
* Utility Division Report for the month of August, 2001
* Building Inspector Report for the month of August, 2001
* City Clerk report for the month of August, 2001
* Shawnee Community Center report for the month of August, 2001
* Shawnee Urban Renewal Authority minutes of August 21, 2001 meeting
* Shawnee Planning Commission minutes of August 15, 2001 meeting
d. Lakesite Leases:
Renewal
Lot 4, Johnston Tract
Don L. Moore & Mary Ann Moore
36304 Waco Road
Shawnee, OK 74801
Transfer
Lot 18, Belcher Tract
To: Bobbie & Patricia Slaughter From: James Walker
7012 Basswood 64 Granada
Okla. City, OK 73162 Shawnee, OK 74804
e. Approve renewal of lease agreement with City of Tecumseh for lease of 1991 LeeBoy paver.
f. Approve two-day extension of out-of-state travel for James Cole to visit Winfield, Louisiana to view negative pressure ozone system, October 17-18, 2001.
g. Approve out-of-state travel for Robert Rimer to attend Traffic Engineering school at the University of Wisconsin in Madison, Wisconsin, October 10-12, 2001.
h. Authorize staff to advertise for bids on repairs of two creek crossings due to sewerline repairs (between Northridge and 45th Streets).
i. Mayor’s Appointment:
Sister Cities Council
Appoint Meg Vorndran as Promotion Committee Chairman to replace Mina Cory through the end of December, 2001.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (a-i), as presented. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Mike Adams, Assistant Chief of Training, Shawnee Fire Department, as the September employee of the month in recognition of his excellent and dedicated service to the City of Shawnee and most recently for his efforts in saving the life of Matthew Southard, four-year old son of Community Development Director Mike Southard, in a near drowning accident.
The exchange of gifts were made between Mr. Adams and Matthew.
AGENDA ITEM NO. 3: Open applications for Ward 5 City Commission vacancy.
City Clerk Diana Hallock opened and announced in the order received the following applications from five Shawnee residents for the vacant Ward 5 seat on the City Commission:
1) Arnold T. Davis, 2 Navajo Circle
2) Ray Belford, 16 Cedar Creek
3) Linda Gallagher Peterson, 1115 Quail Hollow Road
4) Kermit M. Milburn, 65 Granada
5) Todd Beesley, 1302 Thompson Drive
The Commission will review the applications during the next two weeks and make their selection at the October 1st meeting.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 301 N. Beard from R-3; Multi-Family Residential District to C-4; Central Business District for use as a church. (Applicant: Keith Shaw)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning property located at 301 North Beard for use as a church.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of rezoning request. Mr. Kelly Kirk, Chairman of Building Committee at St. Paul’s United Methodist Church, appeared on behalf of the application. No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2020NS was introduced and the title read aloud.
Ordinance No. 2020NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: Lots Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two (22), Twenty-Three (23), Twenty-Four (24), Twenty-Five (25), Twenty-Six (26), Twenty-Seven (27), Twenty-Eight (28), Twenty-Nine (29), and Thirty (30), Block Ten (10), Amended Plat to the City of Shawnee, Pottawatomie County Oklahoma, according to the recorded plat thereof; rezoning said property from R-3, Multi-Family Residential District to C-4, Central Business District; and amending the official zoning amp of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2020NS duly passed and adopted.
AGENDA ITEM NO. 5: Presentation by Cindy Shattuck, Director of Oklahoma Municipal Retirement Fund, to discuss proposed changes to retirement plan.
Ms. Cindy Shattuck, Director of Oklahoma Municipal Retirement Fund (OMRF), made a presentation regarding the proposed changes to the current retirement plan and getting the retirement plan documents updated in accordance with Federal guidelines.
She gave a brief history of the Oklahoma Municipal League, a non-profit organization, that was established in 1966 and Shawnee and Ada were the two cities that started the retirement fund.
Ms. Shattuck assured the Commission that the retirement plan was well funded due to the City maintaining a constant contribution level for many years.
In working with City Finance Director Jim Wilsie, the following recommendations for proposed changes were listed as follows:
*Adopt the Rule of 80 Option (which allows an employee to retire before 65 without penalty when their age plus years of service equals 80 or more)
*Change the vesting period from 10 years to 7 years
*Change the guaranteed payment after retirement from 5 years to 10 years
*Establish a defined contribution plan (in addition to the current defined benefit plan) and have the employee contributions go into this plan along with a City contribution equal to the difference between the actuarial requirement to fund the defined benefit plan and the current City contribution rate.
Several city employees were in the audience to hear the presentation and following Ms. Shattuck was Mr. Robert Rimer, Public Works Superintendent, who made a few comments on behalf of the city employees stating that the work force was in favor of the recommended changes and urged the Commission to consider the proposal.
The Commission asked questions about the retirement plan and then considered it under the next agenda item.
AGENDA ITEM NO. 6: Consider approval of proposed changes to O.M.R.F. retirement plan.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the changes to the Oklahoma Municipal Retirement Fund to adopt the Rule 80 Option; change the vesting period from 10 years to 7 years; change the guaranteed payment after retirement from five years to 10 years; and establish a defined compensation plan. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
COMMISSIONER WEAVER NOW EXCUSED FROM THE MEETING AT 8:06 P.M.
AGENDA ITEM NO. 7: Consider an ordinance raising the value of property stolen from $50.00 to $500.00 for crimes of petit larceny and receiving stolen property.
City Attorney John Canavan advised the Commission that this proposed ordinance and the next item were conforming to the State Statutes.
Ordinance No. 2021NS was introduced and the title read aloud.
Ordinance No. 2021NS entitled “An ordinance relating to the value of property for petit larceny and receiving stolen property; amending Sections 18-20, 18-21 and 18-23, Article I, Chapter 18 of the Code of the City of Shawnee; raising the value of property for petit larceny and receiving stolen property from fifty dollars ($50.00) to five hundred dollars ($500.00); providing for severability; and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, that the Title and Sections 1- 4, be approved. Motion carried.
AYE: Pettyjohn, Claybrook, Harrod, Harden, Downing
NAY: None
A motion was made by Vice Mayor Downing to approve Section 5, the emergency clause, but it died for lack of a second.
Thereupon Mayor Harden declared Ordinance No. 2021NS duly passed and adopted 30 days from this date.
AGENDA ITEM NO. 8: Consider an ordinance amending blood or breath alcohol concentration levels for Driving Under the Influence, Driving While Impaired, and Actual Physical Control and punishment for each offense.
Ordinance No. 2022NS was introduced and the title read aloud.
Ordinance No. 2022NS entitled “An ordinance relating to driving, operating, or being in actual physical control of a motor vehicle while intoxicated; amending Sections 16-117, 16-118 and 16-119, Article IV, Chapter 16 of the code of the City of Shawnee; changing the alcohol concentration limit for proof of intoxication; amending the punishment for driving under the influence, actual physical control and driving while impaired; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Sections 1- 4, be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2022NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider authorizing staff to enter into a contract for cellular telephone service for city employees.
Mr. Don Lynch, Emergency Management Director, informed the Commission of his recommendation to enter into a contract for cellular telephone service for city employee use with Cingular Wireless.
He stated that the City used three different cellular telephone companies last year with a large mixture of telephones, service plans, parts, and manufacturers. He indicated that through his survey of employees they were not satisfied with the current service.
In an effort to better serve the needs of the City, it is staff’s recommendation to add a telephone for use in the Communications Center to receive 911 calls should the Public Switched Telephone Network (PSTN) fail.
After reviewing the comparison, a motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to accept the recommendation of Mr. Lynch to approve the cellular telephone service contract with Communications Services of Shawnee as the authorized agent of Cingular Wireless. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Consider authorizing Southwest Electric to commence repairs to communitors at south water treatment plant at a cost not to exceed $14,500.00.
Public Works Director James Cole informed the Commission that the communitors at the Southside Wastewater Treatment Plant (SWTP) were ten years old and in need of repair. He advised that this equipment grids the solids to a size that can be handled by the pumps.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to waive competitive bidding and authorize Southwest Electric to commence repairs to the communitors at the Southside Wastewater Treatment Plant not to exceed $14,500.00. Motion carried.
AYE: Claybrook, Harrod, Harden, Downing, Pettyjohn
NAY: None
AGENDA ITEM NO. 11: Consider a water purchase agreement with Tri-County Rural Water District Number 2 for sale of city water to the district.
Giving the staff report on selling water to Tri-County Rural Water District was Public Works Director James Cole.
He stated that even though there was sufficient water supply to be sold as a backup to Tri-County, staff had several concerns about selling water and a recommendation was not given.
The areas of concern dealt with the city’s adequate protection for growth; infrastructure; volume limitations; and termination of the contract would be at the purchaser’s option as a requirement of the purchaser obtaining federal loans.
City Manager Terry Powell added that staff was not opposed to selling water, but with pending litigation between municipalities and other water districts, it would prudent to wait on what the legislature plans to do in the future.
Next, Mr. Roy Rider, representative and main negotiator of the contract for Tri-County, appealed to the Commission to sell water as a backup source to Tri-County. He stated that the district’s main water source comes from water wells and a tie-in to Seminole.
The water connection they were requesting from Shawnee was to tie-in a 12-inch waterline at Hardesty Road.
He informed the Commission that a loan with Rural Water Development had been extended several times and a decision was needed.
The Commission discussed the water issue and asked several questions to the city attorney.
After discussion, a motion was made by Commissioner Harrod to adopt the contract for selling water to Tri-County Rural Water District No. 2. The motion failed for lack of a second.
AGENDA ITEM NO. 12: Consider entering into a contract with Hornbeek Larsson Architects to recommend a site for the proposed regional park and to prepare the overall site design for the facility.
Mr. Mike Southard, Community Development Director, reported that the staff’s negotiations with Hornbeek Larsson Architects for a regional park site selection and preparations for a master plan was being presented for Commission’s approval.
The breakdown of the proposed fees for completion of listed tasks were as follows:
Task 1: Space List and Programming $ 4,500.00
Task 2: Site Selection Study 5,500.00
Task 3: Master Plan 15,970.00
Task 4: Bldgs & features concept design 4,030.00
Total $30,000.00
Mr. Southard anticipated the services would be completed in four months.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to approve the contract with Hornbeek Larsson Architects for services in the site selection and master plan for a regional park and sports complex for a total package of $30,000.00. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Downing
NAY: None
AGENDA ITEM NO. 13: Consider approval of a mutual aid agreement between City of Shawnee and Pottawatomie County Sheriff’s Office and recommendation for cross-deputization.
At this time, Mr. James Roberts, Director of Public Safety and Administration, requested that this item be deferred to the next meeting since there were some unresolved issues.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to defer to the next meeting consideration of mutual aid agreement and cross-deputization between the City of Shawnee and the Pottawatomie County Sheriff’s Office. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Claybrook
NAY: None
AGENDA ITEM NO. 14: Consider Bids.
a. Digital Logging Recorder (award)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, to accept staff’s recommendation to award the Digital Logging Recorder bid to Travis Voice and Data, Oklahoma City, Oklahoma, in the amount of $24, 330.00 as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Claybrook, Harrod, Harden, Downing
NAY: None
The following bids were opened and read into record:
b. New Toilet Facility for City of Shawnee (open)
BIDDER AMOUNT
B&B Builders, LLC
Shawnee, OK $61,500.00
Stoldt Stotts, Inc.
Oklahoma City, OK $57,330.00
Cactus Construction Co.
Oklahoma City, OK $49,862.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer the bids to the next meeting to allow staff time to review. Motion carried.
AYE: Downing, Harrod, Harden, Claybrook, Pettyjohn
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 to be considered.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 17: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 18: Commissioners’ Comments.
Under Commissioners’ Comments, Mayor Harden read a resolution in support of the President of the United States and the Nation in regards to the September 11th terrorist attacks on the World Trade Center; Pentagon, and the airplane crash near Pittsburgh, Pennsylvania. The resolution will be officially adopted by the Commission at the next meeting.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (9:01 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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