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 5, 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 David Clewell St. Paul’s 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 the opening and consideration of bids as set forth in Agenda Item No. 7.
b. Minutes of May 15 and May 23, 2000 meetings
c. Budget transfers in General Fund, Shawnee Municipal Authority, Street Improvement Fund and Capital Improvement Fund
d. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes of April 20, 2000 meeting
* Sister Cities Council minutes of April 11, 2000 meeting
e. Lakesite Leases
Transfers:
Lot 4, Magnino Tract
To: Robert & Bonnie Jennings From: Robert & Travice Jennings
59 Archery Range Road 59 Archery Range Road
Shawnee, OK 74801 Shawnee, OK 74801
Lot 4, Magnino A Tract
To: Mark White Trust From: Paul & Carla Sutton
2410 Robinwood Place 639 N. Kickapoo
Shawnee, OK 74801 Shawnee, OK 74801
Lot 14, Hart Tract
To: Glenda Haggy & From: Walter Johnson
Debbie Toeplitz 32602 Lake Road
2304 N.W. 47th Shawnee, OK 74801
Oklahoma City, OK 73112
Lot 1, North School Tract
To: Joy Smith From: Tom & Sue Estell
15608 Gaddy Road 9500 Straka Road
Shawnee, OK 74801 Moore, OK 73165
Renewals:
Lot 5, Skipper Tract Lot 16, N. School Tract
Brian & Delores Jackson Loyle & Doris Coleman
20 Kiowa 127 Ingram Rd.
Shawnee, OK 74801 Shawnee, OK 74801
Lot 13, Sect Tract Lot 6, Johnston Tract
G.J. & Cecilia Engel Kelly T. Davis
3425 Charleston 17737 N.E. 10th
Norman, OK 73069 Choctaw, OK 73020
Lot 5, Green Tract Lot 7, Johnston Tract
James & Rosalie Coley Al & Paulette Chambers
249 Beard Dr. 1510 N. Center
Midwest City, 73110 Shawnee, OK 74804
f. Approve Applications for Contribution Refund from Oklahoma Municipal Retirement Fund for lump sum payments to:
1) Josh Lang
2) John David Childers
3) Linda Mae Gonzales
4) William S. Kuykendall
5) Leon W. Murdock
6) Marion Lee McKey, Jr.
g. Acknowledge letter from Cindi See regarding her appreciation of Officer Freeland Wood and his presence at Shawnee High School
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that Consent Agenda Item No. 1(a-g), inclusive, be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 2: Mayor’s Appointments:
Mayor Harden made the following appointments:
Planning Commission
Reappoint Lance Wortham to a term to expire 6-01-03
Reappoint Paul Hickman to a term to expire 6-01-02
Reappoint Jim Smith to a term to expire 6-01-02
Reappoint Pat Bateman to a term to expire 6-01-02
Airport Advisory Board
Reappoint Mike Adcock to a term to expire 7-01-02
Reappoint Don Dudley to a term to expire 7-01-02
Shawnee Urban Renewal Authority
Reappoint Sim K. Sims to a term to expire 2-02-03
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to approve the Mayor’s appointments to the Planning Commission, Airport Advisory Board, and Shawnee Urban Renewal Authority as listed. Motion carried.
AYE: Claybrook, Roach, Downing, Pettyjohn, Harrod, Harden, Blair
NAY: None
Commissioner Roach commented that he appreciated those who give of their time to serve on the various boards and commissions.
AGENDA ITEM NO. 3: Public hearing and submission of preliminary budget for the City of Shawnee for the period July 1, 2000 through June 30, 2001. (Previously distributed)
Mayor Harden declared a public hearing in session to consider the preliminary budget for the City of Shawnee for the period July 1, 2000 through June 30, 2001.
Mayor Harden asked if any persons wished to appear regarding the preliminary budget. There were no persons to appear and the public hearing was closed.
For informational purposes, the proposed FY 2000-2001 budget was summarized as:
General Fund $13,678,749
Shawnee Municipal Authority 8,199,323
SMA North Deer Creek Reserve Fund 1,273,800
Shawnee Airport Authority 244,347
Capital Improvement Fund 2,498,910
Street Improvement Fund 4,811,265
All Other Funds 3,328,573
Total $34,035,147
A comparison with current year’s budget showed that the proposed budget is $2 million higher than the 1999-2000 budget and that was attributed to the increase in the General Fund, Shawnee Municipal Authority and the Fire and Police Sales Tax Funds as explained in the transmittal letter from City Manager Terry Powell that was included in the proposed budget.
Other key points noted in the letter stated that the increases in the revenues are primarily in sales tax, use tax, and transfers from the Fire and Police Sales Tax Funds.
Through the reallocation of the third penny sales tax to fund the fire and police budgets, it allows two additional police and two additional firefighters to be hired and also fund increases in salaries to the unions.
The dedication of 1/8th of the third penny sales tax for police and fire will also relieve the General Fund to enable the City to increase compensation to the non-union employees.
The city manager’s letter stated that the capital budget will continue with the street program, sewer line rehabilitation program, establish a water line rehabilitation program, and include the Wolverine Access Road originally approved in the 1998-1999 budget which has been rolled over to this year.
Mayor Harden announced that no action was required at this meeting and that the final budget would be considered at the next regular meeting.
AGENDA ITEM NO. 4: Consider approval of construction permit for Air Flite, Inc. located at 2320 Airport Drive to add on to existing building.
Community Development Director Michael Southard reported that according to the City’s airport ordinance, it requires all building permit applications to be approved by the City Commission.
He advised that the Inspection Division had reviewed the building permit application submitted by the applicant and determined that it was in compliance with the BOCA Building Code and also the Federal Aviation Administration had given its approval.
Mr. Southard advised that the permit will allow the applicant to construct a new hangar near their existing building and he recommended approval.
The applicant, Mr. Mark White of AirFlite, Inc. was present to answer questions from the Commission. He stated that the additional 40 feet would be used for a storage area since his company had recently purchased a jet.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the building permit for AirFlite, Inc. to construct a new hangar on airport property located at 2320 Airport Drive be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 5: Consider authorizing staff to advertise for proposals for safety trainer consultant for workers compensation and safety.
Personnel Director Allen Benelli reported to the Commission that in reviewing the bids for workers compensation stop-loss insurance, he found that several of the insurance companies require as a condition of coverage that an active loss-prevention program include a safety consultant/trainer.
Mr. Benelli advised that although the City currently utilizes several agencies for safety consultation, there was a need for a third-party technical advisor to assist the City on a regular basis.
He noted that there was no one on city staff that had the level of technical expertise to provide services or advice for the safety program.
He stated that the costs would be approximately $20,000-$30,000 per year and the funding could be allocated out of the workers compensation fund and various city department budgets.
Mr. Benelli also stated that the cost for the loss-prevention program could be offset by a reduction in the number of workers compensation claims and a reduction in payment of claims. He then requested authori-zation to solicit for proposals.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the Personnel Director be authorized to solicit proposals for a safety consultant/trainer. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 6: Consider acceptance of the Union Street Paving Project and placing maintenance bond into effect.
City Engineer John Krywicki reported to the Commission that the Union Street paving project was completed and staff was recommending acceptance.
He reminded the Commission that the project was the one where the City had to declare the original contractor, Iron Horse Construction, in default of their contract and the bonding company, Victore Insurance Company, had taken over prosecution of the work and hired two other contractors to complete the project.
Mr. Krywicki stated that the final project cost was $515,589.60, which was a savings of $31,600.90 from the original contract price of $547,190.50.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Union Street Paving Project (MacArthur to Federal), Contract No. COS-PW-98-20 be accepted and that the 5-year maintenance bond be placed into effect. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 7: Consider Bids.
The following bids were awarded:
a. Raw Water Line Repair (award)
City Engineer John Krywicki advised the Commission that staff was in agreement with the recommendation of the consulting engineers.
Mr. Bruce Bellen, consulting engineer of Holloway, Updike and Bellen, Inc., Muskogee, Oklahoma, was present to recommend that Central Construction (bid submitted as Central Contracting Services) of Oklahoma City be awarded the bid on the raw water line.
He stated that the repairs to the series of hairline cracks in the pipe should make the waterline intact.
Mr. Bellen stated that the bids were higher than anticipated, but the work was consider unconventional and must be completed. He stated that two of the three bidders were close in their bids, thus indicating that the scope of the job was clear, and nothing would be gained by rebidding.
In final, he informed that the allowance item of $20,000 as part of the bid would give the City the flexibility of authorizing additional work if necessary without extended delays.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the bid for the raw waterline repair near Highway 102 be awarded to Central Contracting Services, Oklahoma City, Oklahoma in the amount of $171,220.00 as the lowest and best bid. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair, Roach
NAY: None
b. Workers Compensation Stop/Loss Insurance (award)
Before considering the award, Personnel Director Allen Benelli informed the Commission that he and a third-party administrator had reviewed the bids and it was determined that it would not be beneficial to the City to have an aggegate stop-loss insurance coverage.
A motion was made by Commissioner Roach, seconded by Commissioner Claybrook, to approve staff’s recommendation to award the bid for Workers’ Compensation Stop-loss insurance of $250,000 deductible per claim to Associated Underwriters, Inc., Oklahoma City, Oklahoma, in the yearly premium amount of $16,730.00 for fiscal year beginning July 1, 2000 as the best bid. Motion carried.
AYE: Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair, Downing
NAY: None
c. Fire Department Rescue Unit (award)
Fire Chief James Roberts recommended that American LaFrance be awarded the bid on the Rescue Unit stating that they would give a $3,500 discount if prepay on the full amount was made.
He answered questions from the Commission in regards to the feasibility of the rescue unit. Mr. Roberts advised that the unit had more equipment and with this one unit it would eliminate several other fire vehicles making the same run.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to approve purchasing the Fire Rescue Unit from American LaFrance, Oklahoma City, Oklahoma, in the amount of $116,593.00 as the lowest and best bid and wait to make payment until the
new fiscal year begins July 1, 2000. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
Bids for the following were opened, read aloud and found to be as follows:
d. Dry Pipe Fire Sprinkler System (open)
(Heart of Oklahoma Exposition Center)
Option A Option B
BIDDER AMOUNT AMOUNT
P&L Fire Protection, Inc. $70,300.00 No Bid
Tuttle, OK
Smith Fire Suppression, Inc. $62,064.00 70,994.00
Bethany, OK
Atomic Fire Sprinkler LLC $76,000.00 85,960.00
Oklahoma City, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept Fire Marshal Allen Heilaman’s recommendation to defer this item to the next meeting to allow staff time to review and report at a later meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
AGENDA ITEM NO. 8: 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. 9: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 10: Commissioners’ Comments.
Under Commissioners’ Comments, Vice Mayor Downing reported that over the weekend residents in his ward, Smoking Oaks and Bison Addition, did not have garbage pickup from BFI.
Next, Mr. William D. (Bill) Bowie, BFI Waste Systems Facilities Manager, appeared before the Commission to apologize for the inconveniences to the citizens.
He stated that the problems were a “comedy of errors” that arose with some employees on vacation and the newer replacements not knowing the routes and the main office not being aware that customers were not being serviced until notified.
Mr. Bowie assured the Commission that BFI would be better prepared for this type situation in the future and hoped it would not occur again.
Continuing, Commissioner Blair questioned if the $160,000 was in the budget for the Expo fire sprinkler system and City Treasurer/Finance Director Jim Wilsie responded that the project was in the budget and that an amendment would be made.
Next, Commissioner Harrod commented on the raw waterline repair near the Shawnee Lake on Highway 102 that the City should have had an engineer’s estimate.
In response, City Engineer John Krywicki stated that $200,000 was budgeted for the project and the extent of repairs could not have been foreseen.
Concluding this item, Commissioner Pettyjohn thanked Mayor Harden and his fellow Commissioners in regards to their budget input and he apologized for not being at the budget work session on May 23rd.
Commissioner Pettyjohn then brought up two items: (1) requested staff to check into the maintenance on the Airport jogging trail; and (2) for the future would like to see city staff investigate the possibility of making the old Rock Island Railroad tracks that have been abandoned from Shawnee to Earlsboro and Seminole a bicycle trail.
AGENDA ITEM NO. 11: Administrative Reports.
Under Administative Reports, City Manager Terry Powell mentioned that in thinking about the financial questions directed to Fire Chief James Roberts during the awarding of the Rescue Unit earlier in the meeting, that the Fire Department was following the Comprehensive Plan that was prepared a few years ago.
He stated that Fire Chief Roberts could supply the Plan to the Commission and include an update showing the accomplishments to-date and include the anticipated needs and costs for the Fire Department.
AGENDA ITEM NO. 12: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (8:45 p.m.)
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden Blair, Roach
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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