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, December 6, 1999 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Janie Kirt Morris
Emmanuel Episcopal 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. 22.
b. Minutes of November 15, 1999 meeting
c. Budget Amendments in Street & Alley Fund, 1999 CDBG Entitlement Fund, Workers Compensation Self-Insurance Fund, and Gifts and Contributions Fund
d. Transfer of Appropriations in Shawnee Municipal Authority, E-911 Fund, Capital Improvement Fund, and General Fund
e. Acknowledge the following reports and minutes:
* Shawnee Police Report for the month of October, 1999
* Civic and Cultural Development Authority minutes of October 21, 1999 meeting
* Traffic and Transportation Commission minutes of September 28, 1999 meeting
* Shawnee Urban Renewal Authority minutes of November 2, 1999 meeting
* Planning Commission minutes of November 3, 1999 meeting.
* Community Service Contracts Review Committee minutes of November 17, 1999 meeting
f. Lakesite Lease Renewals:
Lot 6, Roewe Tract Lot 8, Roewe Tract
Carl & Virginia Nowlin Onita Simpson & Terri Johnson
3011 NW Grand Blvd. 1902 N. Minnesota
Oklahoma City, OK 73116 Shawnee, OK 74804
g. Acknowledge letter from Terry Powell to Mr. Terry Toole of Finley & Cook regarding correction language in the City’s service contract with Downtown Shawnee
h. Approve out-of-state travel for Pat Cope, Keith Mangus, and Leonard Foreman to attend Texas Engineering Extension Service Traffic Signal School in Mesquite, Texas from February 28 – March 3, 2000.
i. Acknowledge letter of appreciation to Mayor Harden from Bruce Bellen of Holloway, Updike and Bellen, Inc. concerning assistance given to HUB by James Roberts and James Cole in their 10/18/99 presentation to the City Commission.
j. Acknowledge notice of public meeting on December 13, 1999 regarding risk management plans at treatment plant.
k. Approval of Resolution No. 6053 to Tommy Parrish and Resolution No. 6054 to R.G. VanZant upon their retirement from the Fire Department.
Resolution No. 6053 entitled “A resolution expressing appreciation to Tommy D. Parrish for more than 28 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Tommy D. Parrish.”
Resolution No. 6054 entitled “A resolution expressing appreciation to R.G. VanZant for more than 24 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said R.G. VanZant.”
l. Recommendations from the Traffic and Transportation Commission meeting of November 23, 1999:
1) Request from Downtown Association to study Beard Street from Main to 9th concerning change from parallel parking to angle parking.
Recommendation: To defer request for further study and report findings at the next scheduled meeting.
2) Request from Mr. Jerry Snyder, Shawnee Mall, to continue White Way Lighting System on Shawnee Mall Drive’s newly opened section to Harrison Street.
Recommendation: To approve request.
3) Request from anonymous caller to increase the speed limit from 40 MPH to 50 MPH on 45th Street from Leo west to Highway 177.
Recommendation: To withdraw request. Area mentioned is not in the city limits.
4) Request from Ms. Gaila Eshleman, 53 Crown Point, for traffic signal light at Bryan and MacArthur near Grove School.
Recommendation: To deny request.
5) Request from Mrs. Vicky Webb, 102 Valley View Dr., for “Slow – Children at Play” signs on Acme Street near the Ashford Apartments north of MacArthur Street.
Recommendation: To deny request.
6) Request from Mr. Jeff Nieman, Marquis Furniture, 218 E. Main, to extend the “Loading Zone” on Philadelphia one to two additional parking spaces. Location is former Shawnee Discount Drug now owned by Marquis Furniture at Philadelphia & Main.
Recommendation: To approve request to extend “Loading Zone” by one parking space.
7) Request from Mr. Mike Katcher, 1710 Wildwood, for a street light at the intersection of Wildwood and Mesa Verde.
Recommendation: To approve request.
8) Request from Mrs. Rhonda Ortiz, 602 N. Kickapoo, Suite B, for “No Parking on Both Sides” in the 4100 block of North Market Street.
Recommendation: Requesting citizen to circulate a written petition and present to Board for consideration before any action taken.
m. Mayor’s Appointment:
SHAWNEE URBAN RENEWAL AUTHORITY
Appoint Bertha Ann Young to a term to expire 02/02/01 to replace Ray H. Quackenbush
Before voting on this item, Commissioner Roach requested 1 l.(4) be removed for further discussion.
A motion was made by Commissioner Young, seconded by Commissioner Winrow, to approve the Consent Agenda Item No. 1 (a-m), less l(4). Motion carried.
AYE: Young, Winrow, Roach, Downing, Claybrook, Gillham, Harden
NAY: None
After discussing the need for a traffic signal light at Bryan and MacArthur near Grove School, a motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to refer this item back to staff for further study. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
Thereupon Mayor Harden declared Resolution Nos. 6053 and 6054 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Presentation:
Mayor Harden presented a plaque for Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada to Mr. Jim Wilsie, City Treasurer/Finance Director.
The City of Shawnee was recognized for achieving its highest standards of government accounting for the fiscal year ended June 30, 1998.
Mr. Wilsie commented that this was the second year to receive the certificate and he expressed appreciation to the accounting staff for their dedicated work.
AGENDA ITEM NO. 3: Consider ordinances to annex property located in Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions either with or without consent. (Continued from 11/15/99 meeting)
Mayor Harden called upon City Attorney John Canavan to explain what direction the Commission would need to consider regarding the annexation.
City Attorney John Canavan addressed the Commission explaining the options the City had regarding annexing property located in Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions either with or without consent of the property owners.
Mr. Canavan set forth the following options that was a result of the last meeting’s public hearing:
1) Annex by consent
2) Adopt the Annexation Service Plan
3) Not annex
4) Include the additional petition to annex after the fact
In going over the options, Mr. Canavan mentioned that under option 1, annexing by consent, which required a fifty percent petition signed by the owners, it was evident at the public hearing that there was a conflict of opinions that existed.
The City staff included right-of-way to reach the 50% and the opposition stating it did not have the 50% for annexation.
Under option 2, Mr. Canavan advised that technically the City could approve the Service Plan and annex without the consent of owners since the Plan was part of the public hearing. But it was the City Attorney’s recommendation that if the Commission decided to take this option, that they direct staff to proceed with holding another public hearing at the January 3, 2000 City Commission meeting to allow citizens to have input into the Plan.
The third option needed no explanation, and option 4 was one just presented tonight with a petition over 50% in favor of annexing which he advised that it did not meet deadline for the last public hearing and that a petition could be gathered again and start all over.
Mr. Canavan recommended that the Commission weigh its options and not vote on annexation tonight.
Upon discussion by the Commission, Commissioner Roach led the discussion by reading a prepared statement stating that it was not an easy decision to make and he read the following points stating his reasons for annexation. The key points are reflected in a condensed version.
1. Many people still need water, spells of hot weather in the future will worsen the problem
2. Manipulation and untruths told about the City’s intentions of this project. Water is still the main reason and school districts are irrelevant
3. The people living there already are a part of the community and should help be responsible for police and fire protection, etc. Believes that the majority of residents are in favor of the project even though not a majority of land ownership
4. Rural water districts have the potential of limiting the growth of cities and are not the best interest for this City in its future growth which is primarily north and east; nor could the District provide the quality of service for the residents that the City could;
5. Rural water districts are very difficult to establish and if past cooperation level of the residents is any indication of future work, they will not easily accomplish the project under the best of circumstances;
6. Oklahoma Municipal League has recommended not to enter into any contracts with rural water districts;
7. I don’t believe that the quality of life will depreciate since I live across the street from this area within the city limits. What it is about city life that’s bothering some of these people? Or does the influence come from a few wealthy who don’t mind if their neighbor do without water just to save a few bucks on unused land. The City will endeavor to create a fair assessment district.
8. Land values are likely to increase without the stigma of a water problem and financially many people have had to replace well pumps for a $1,000 or worse to deepen or dig another well. The assessment will be minimal compared to constant future well maintenance for many people
9. Safety will increase without the roaming packs of dogs and quicker police protection
10. Existing established businesses will retain their ability to conduct their affairs as usual with the grandfather clause
11. The streets will likely cost the city in the future but will be worth the cost; and
12. This is the greatest good for the greatest number of people in my opinion and I think we should proceed.
In discussion, Commissioner Claybrook made the point that the City would then be forcing the majority to agree what the minority of land owners want in which he disagreed that that recommended course of action of annexing residents against their will. And he surmised that it was a matter of “control.”
Commissioner Gillham commented about the word “control” was being tossed about and he commented that if the laws are unfair, the Commission has the right to change them. He was responding to some of the concerns residents had regarding laws in certain situations.
Mayor Harden pointed out that the City of Shawnee was the Commission’s concern.
After intensive discussion, the following motion was made.
A motion was made by Commissioner Roach, seconded by Commissioner Winrow, to proceed with the process of annexation without consent and direct staff to prepare the Service Plan for a public hearing to be held on January 3, 2000. Motion carried.
AYE: Roach, Winrow, Downing, Gillham, Young, Harden
NAY: Claybrook
AGENDA ITEM NO. 4: Consider an ordinance calling for a nonpartisan general election and general runoff election for the offices of Mayor and Commissioners of Wards Two, Three and Four; establishing dates for filings and elections; establishing qualifications of candidates and providing for said elections to be conducted by the Pottawatomie County Election Board.
An ordinance for the nonpartisan general and general runoff elections for March 7, 2000 and April 25, 2000 was presented.
After due and careful consideration, Ordinance No. 1949NS was introduced and the title read aloud.
Ordinance No. 1949NS entitled “An ordinance calling and providing for the holding of nonpartisan general and general runoff elections in the City of Shawnee, Oklahoma, for the purpose of nominating and electing candidates for the office of Mayor, and the offices of City Commissioner of the Second Ward, City Commissioner of the Third Ward and City Commissioner of the Fourth Ward; establishing a filing period and qualifications for such offices; designating the manner of electing the various city offices named herein; providing for said elections to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot; and declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the Title and Sections 1-5, be approved. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Winrow, Roach
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that Section 6, the emergency clause, be approved. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1949NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located in 200 through 400 block North of Shawnee Mall Drive from A-1, Agricultural to C-3, Automotive and Commercial Recreation for use as a hotel and speculative commercial/office. (Applicant: Joseph Geis with CRD LLC)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located in 200 through 400 block north of Shawnee Mall Drive for use as a hotel and speculative commercial/office.
Community Development Director Michael Southard gave the staff report and informed that the application met the Comprehensive Plan calling for high intensity commercial development.
It was noted the Planning Commission and staff recommended approval of the request and no protests were filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 1950NS was introduced and the title read aloud.
Ordinance No. 1950NS 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 in the Southwest Quarter of the Northeast Quarter (SW/4 NE/4) of Section 31, Township 11 North, Range 4 East, more particularly described as beginning at the Northwest Corner of the Northeast Quarter (NE/4); thence East 660 feet; thence South 660 feet; thence West 660 feet; thence North 660 feet to the point of beginning; rezoning said property from zoning classification A-1, Agricultural District to C-3, Automotive and Commercial Recreation District; amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that the Title and Section 1, be approved. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Winrow, Roach, Gillham, Young, Harden
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1950NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located north on Garrett’s Lake Road, half way between Harrison and Kickapoo from A-1, Agricultural to I-1P, Restricted Industrial with a special use permit for use as a fiber optic regeneration facility. (Applicant: Williams Telecommunications, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located north on Garrett’s Lake Road, half way between Harrison and Kickapoo for use as a fiber optic regeneration facility.
It was noted the Planning Commission and staff recommended approval of the request and no protests were filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application. No persons appeared.
Community Development Director Michael Southard gave the staff report noting that the applicant intends to construct a fiber optic regeneration facility on the site which will strengthen the fiber signal through the line.
He advised that the facility is in conformance with the Comprehensive Plan that calls for Restricted Industrial District.
After due and careful consideration, Ordinance No. 1951NS was introduced and the title read aloud.
Ordinance No. 1951NS 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 in the East Half of the Southwest Quarter (E/2 SW/4) of Section 19, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at the Southeast Corner of said East Half of the Southwest Quarter (E/2 SW/4); thence N00˚20’27”E along and parallel to the east line of said East Half of the Southwest Quarter (E/2 SW/4) a distance of 275.0 feet; thence S89˚20’28”W parallel to the South Line of said East Half of the Southwest Quarter (E/2 SW/4) a distance of 275.0 feet to said South Line of said East Half of the Southwest Quarter (E/2 SW/4); thence N89˚20’28”E along and parallel said South Line of said East Half of the Southwest Quarter (E/2 SW/4) a distance of 150.0 feet to the point of beginning; rezoning said property from zoning classification A-1; Agricultural District to I-1P; Restricted Industrial District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Section 1, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Young, Downing, Gillham, Harden, Winrow, Roach
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1951NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider a request for a preliminary plat for Cedar Shores Addition located approximately 660’ East of Union on Pulaski Avenue. (Applicant: David Tomlinson)
Community Development Director Michael Southard presented the staff report on the preliminary plat for Cedar Shores Addition.
He advised that the applicant plans to develop a 12-lot residential subdivision on 5.34 acres. The proposed layout is to extend Pulaski Avenue east to Minnesota Circle, which will run north and south.
Mr. Southard noted that the applicant was requesting two variances. The first variance involved a variance to the Lot 5 width due to it not meeting the minimum lot frontage requirement of 60 feet, but will have a 20 foot frontage for access. He informed that the Fire Marshal’s Office okayed the layout of the plan.
The second variance was to the sidewalk requirement in which the developer does not want to construct the sidewalks since the construction activity by the homebuilder would likely destroy the sidewalks and remove a portion of the sidewalk when building.
Mr. Southard informed that the staff was recommending the variance for the lot but was opposed to the sidewalk variance. He did note that many cities require the homebuilder to install sidewalks when they pour the driveway and approach.
The Planning Commission and staff were cognizant to the developers concerns.
He reported that the Planning Commission approved the preliminary plat with the lot variance but recommended denial of the sidewalk variance. The Planning Commission directed staff to start the process to modify the Subdivision Regulations by requiring the sidewalks to be installed by the homebuilders and not the developer.
Mr. Southard stated that he had discussed the sidewalk variance with the city attorney, and it was Mr. Canavan’s opinion that a variance could be granted regarding the sidewalks being installed by the developer with the builders required to install them through the permitting process.
The Commission discussed the sidewalk variance situation and Mr. Southard commented that it basically involves costs and the up front costs for contractors to construct the sidewalks could be omitted.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve the preliminary plat for Cedar Shores Addition with a variance to Lot 5 regarding the lot width requirement from a 60 foot to a 20 foot frontage and variance to the sidewalk requirement for the builder to install the sidewalks. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 8: Reconsider the amount of funds to provide for Shawnee Middle School Sanitary Sewer Project.
Upon reconsideration of the amount provided to the Shawnee Middle School for the sanitary sewer project, Commissioner Roach questioned why it should be raised since it was his feeling that the school had passed a school bond that would pay for the project and he would rather the funds be spend on other city needs such as traffic signals.
Vice Mayor Downing responded that it was only fair that the Shawnee Middle School’s funds be increased since the City had granted Grove School $30,000.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve increasing the amount of the City’s participation in the new Shawnee Middle School Sanitary Sewer Project from $13,500 to $30,000. Motion carried.
AYE: Downing, Winrow, Gillham, Young, Harden
NAY: Claybrook, Roach
AGENDA ITEM NO. 9: Consider approval of contract between the City and I-93 School District relating to 8” sanitary sewer line.
City Manager Terry Powell stated that since the Commission had approved participating in the Shawnee Middle School sanitary sewer project and was being presented for approval, the amount would be changed to $30,000 as approved in the previous agenda item.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to approve the contract between the City of Shawnee and Shawnee Public School District No. I-93 in the amount of $30,000 relating to participating in the eight-inch sanitary sewer line project. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach
NAY: Claybrook
AGENDA ITEM NO. 10: Consider terminating lease with Higgins Aviation.
City Manager Terry Powell indicated that Higgins Aviation had reconsidered its decision to terminate and this item could be deleted from the agenda.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to strike this item from the agenda. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 11: Consider a resolution authorizing the execution of a lease purchase agreement on equipment. (Two 2000 backhoes)
The Commission had approved the two backhoes for the Public Works Department at its November 15th meeting.
The lease purchase agreement will be with Central Ford/New Holland of Oklahoma City, Oklahoma in the amount of $164,948 with 6 ¾% interest per annum with the initial payment due on February 20, 2000 in accordance with lease purchase agreement terms.
Resolution No. 6055 was introduced into record.
Resolution No. 6055 entitled “A resolution authorizing the execution of a lease purchase agreement on equipment.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 12: Consider designating Thursday, December 23 and Friday, December 24, 1999 as the official City holidays for Christmas Eve Day and Christmas Day.
A motion was made by Commissioner Young, seconded by Commissioner Winrow, to designate Thursday, December 23 and Friday, December 24, 1999 as the official City holidays for Christmas Eve Day and Christmas Day. Motion carried.
AYE: Young, Winrow, Roach, Downing, Claybrook, Gillham, Harden
NAY: None
AGENDA ITEM NO. 13: Consider contract for engineering services for water treatment plant improvements with Holloway, Updike and Bellen, Inc.
Public Works Director James Cole informed the Commission that he and City Engineer John Krywicki had negotiated the proposed contract with Mr. Bruce Bellen, Sr. Vice President of HUB, regarding the engineering services for the water treatment plant improvements.
Mr. Cole stated that the contract includes engineering to the repair of the raw water line, expansion of Water Treatment Plant No. 2 to 9.0 MGD capacity, a pilot study to determine the best means of achieving compliance with the new regulations, and a distribution system analyses to determine improvements needed to deliver adequate supply to all sections of the system.
Mr. Bruce Bellen of was also available to answer questions from the Commission.
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to approve the contract between the Shawnee Municipal Authority and Holloway, Updike and Bellen, Inc., Muskogee, Oklahoma, for engineering services for water treatment plant improvements
in the amount of $175,000. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 14: Consider “Project Agreement” between the City and ODOT for construction of the Wolverine Industrial Access Project.
City Engineer John Krywicki informed the Commission that the Oklahoma Department of Transportation (ODOT) had approved funding up to $500,000 for the Wolverine Industrial access road project. He reported that the estimated cost for the 1-1/2 mile, three-lane road, would cost approximately $1.2 million dollars with the City’s share of $700,000.
He noted that he had anticipated letting the project in March or April, 2000 with construction beginning in May.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve the “Project Agreement” between the City and the Oklahoma Department of Transportation (ODOT) for construction of the Wolverine Industrial Access Road Project. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 15: Consider acceptance of City required improvements, i.e. sewer, water, paving and drainage for Northridge 7 Addition (Phase 5) and placing maintenance bonds into effect.
City Engineer John Krywicki recommended acceptance of the Northridge 7 improvements noting that all requirements had been met according to the City’s specifications and there was no cost to the City.
The contractors who submitted as-built plans for this project was Winsett Construction of Shawnee for the paving and drainage improvements; and McKee Utility Contractors of Prague completed the improvements on the sewer and water lines.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to accept the City required improvements, ie. Sewer, water, paving and drainage for Northridge 7 Addition (Phase 5) and placing maintenance bonds into effect. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 16: Consider acceptance of the Elm Street Sanitary Sewer Project and placing maintenance bond into effect.
As per Mr. Krywicki’s recommendation in the agenda packet, Wee Construction of Washington, Oklahoma, has completed the Elm Street sanitary sewer extension project of 900 feet in accordance with the City’s specifications.
The project’s final cost was $26,656.20, which was under the original contract bid of $29,060; thus resulting in a savings of $2,403.80.
The City paid half of the cost of $13,328.10, and the other portion was paid by Mr. Harry Drew, a resident on Elm Street. Staff recommended approval.
A motion was made by Commissioner Claybrook, seconded by Commissioner Young, to accept the Elm Street Sanitary Sewer Project as completed by Wee Construction, Inc., Washington, Oklahoma, and place maintenance bond into effect. Motion carried.
AYE: Claybrook, Young, Harden, Winrow, Roach, Downing, Gillham
NAY: None
AGENDA ITEM NO. 17: Consider acceptance of the Bryan Street Sidewalk Project and placing maintenance bond into effect.
According to the City Engineer, Winsett Construction of Shawnee, Oklahoma, has completed the sidewalk project along Bryan Street from Highland to Walnut in accordance with the City’s specifications and he was recommending to the Commission acceptance of the project.
According to the memorandum, this project also was completed under the original bid with final costs at $27,742.50. The original contract bid was at $34,500.00 and the savings realized was for $6,757.50.
A motion was made by Commissioner Claybrook, seconded by Commissioner Winrow, to accept the Bryan Street Sidewalk Project completed by Winsett Construction, Shawnee, Oklahoma, and place maintenance bond into effect. Motion carried.
AYE: Claybrook, Winrow, Roach, Downing, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 18: Consider a proposal from Voice Stream to place equipment on the City’s radio tower.
Fire Chief James Roberts appeared before the Commission to ask if the Commission would consider pursuing the idea of allowing Voice Stream to attach its equipment on the City’s radio tower located behind City Hall.
Chief Roberts commented that this would be an opportunity for the City to possibly replace the antenna system and for it to serve other purposes.
A motion was made by Commissioner Gillham, seconded by Commissioner Winrow, to direct Fire Chief James Roberts to negotiate with Voice Stream and come back to the City Commission with a proposal. Motion carried.
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None
AGENDA ITEM NO. 19: Consider applying to Oklahoma Department of Tourism for a recreational trails grant.
The Commissioner considered applying for a recreational trails grant in the amount of $40,000 from the Department of Tourism for a parking facility across the street from the YMCA.
Community Development Director Michael Southard stated that the grant requires a $10,000 match from the City. The parking facility would also tie into the existing airport trails system where trail users could park and for future use to include a trail around the Kidspace Shawnee playground area, a community built park. And it would be available for the YMCA to use.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to apply to Oklahoma Department of Tourism for a recreational trails grant in the amount of $40,000 for a parking facility. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Gillham
NAY: Claybrook
AGENDA ITEM NO. 20: Consider entering into a contract with the National League of Cities for the purpose of participating in a revitalization study for the redevelopment of downtown Shawnee.
The Commission next considered a request from Downtown Shawnee, Inc. for the City’s participation in a revitalization study for the redevelopment of downtown Shawnee by entering into a contract with the National League of Cities (NLC).
Community Development Director Michael Southard stated that the one quote of the study would be $42,500 since Shawnee is a member of the NLC, which otherwise would cost $50,000 for the study for non-members.
Mr. Southard reported that the firm of HyettPalma, a respected consulting firm, would perform the analysis and development of the Master Plan for Downtown Shawnee.
Also appearing before the Commission was Mr. Stephen Brooks, President of the Downtown Shawnee, Inc. Board of Directors, who stated that the Board is committed to raising fifty percent of the total cost of the study through private sources. He stated that ten percent would come from the organizations funds.
Therefore, the City of Shawnee would commit $21,250 toward the study.
Mr. Southard recommended contracting with NLC and the City provide fifty percent of the total cost. He further advised that the deadline was December 15th, but an extension of the reduce cost would be granted if the City decided to participate.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to enter into a contract with the National League of Cities for the purpose of participating in a revitalization study for the redevelopment of downtown Shawnee with a commitment of $21,250. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 21: Consider proposal to waive competitive bidding and enter into a lease purchase agreement with Motorola, Inc. for the upgrade of 800 MHZ Radio System.
Fire Chief James Roberts appeared before the Commission to request that competitive bidding be waived and the City enter into a purchase agreement with Motorola, Inc. for upgrading of a 800 MHZ radio system.
Mr. Dan Moody of Motorola, Inc. was present to explain the upgrading system and answer questions from the Commission.
The three major upgrades include the central control, seven base stations, and a console dispatcher center.
Fire Chief Roberts stated that the payment would be delayed for one year and payment for the upgrade could be taken out of the E911 funds with a pay off in November, 2000.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to waive competitive bidding and enter into a lease purchase agreement with Motorola, Inc. for the upgrade of 800 MHZ Radio System in the amount of $43,431.00. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 22: Consider Bids.
a) Sanitary Sewer Rehab Project (award)
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to accept City Engineer John Krywicki’s recommendation to award the Sanitary Sewer Rehab Project to Jordon Contractors, Tecumseh, Oklahoma, in the amount of $411,855.00 as the lowest and best bid. Motion carried.
AYE: Claybrook, Roach, Downing, Gillham, Young, Harden, Winrow
NAY: None
The following bids were read into record.
b) Shawnee Industrial Park Sanitary Sewer Extension (open)
Contract No. COS-PW-99-5
BIDDER AMOUNT ALTERNATE
Central Contracting Services, LLC $8,400.00 $17,225.00
Shawnee, OK
WEE Construction Company $10,980.00 $22,160.00
Washington, OK
Oklahoma Utility Construction $25,500.00 No Bid
Weatherford, OK
SEA Construction Corp. $22,800.00 $42,520.00
Edmond, OK
ML Young Construction, Inc. $24,842.00 $50,384.00
Edmond, OK
Whitetail Services $30,860.80 $49,417.60
Oklahoma City, OK
BJP Enterprises, Inc. $16,665.00 $32,730.00
Guthrie, OK
Engineer’s Estimate: $10,480.00 $21,160.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the bids for the Shawnee Industrial Park Sanitary Sewer Extension be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
c) One 2000 motor grader (open)
BIDDER AMOUNT ALTERNATE
The G. W. Van Keppel Company $123,000.00
Kansas City, KS
Darr Equipment Company $136,245.00 $133,891.00
Oklahoma City, OK
C L Boyd Company, Inc. $110,950.00
Oklahoma City, OK
A motion was made by Commissioner Gillham, seconded by Commissioner Young, that the bids for the 2000 motor grader be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 23: New Business.
Under New Business, Commissioner Roach requested staff to check into the feasibility of installing a left hand signal turning into OBU on Kickapoo Street south of MacArthur.
AGENDA ITEM NO. 24: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Calvin Tony identified himself as a member of the Cherokee Tribe, appeared before the Commission, stating he was there on behalf of his people and the senior citizens who need assistance with their utilities, food, and clothing; and he mentioned a resident at 1324 East Main Street who was in need.
AGENDA ITEM NO. 25: Consider an Executive Session for the purpose of discussing pending litigation in McCalip vs. City of Shawnee, WCC 96-16060L, pursuant to 25 O.S. 1992, Section 307(B)(4).
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the Commission go into Executive Session for the purpose of discussing pending litigation in McCalip vs. City of Shawnee, WCC 96-16060L, pursuant to 25 O.S. 1992, Section 307(B)(4). Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:56 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION NOW RECONVENED IN REGULAR SESSION AT 10:10 P.M. WITH ALL COMMISSIONERS PRESENT.
Mayor Harden stated that the purpose of the Executive Session had been to discuss pending litigation in McCalip vs. City Shawnee case and the following action was being recommended as a result of said Executive Session.
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to authorize the City’s attorneys to settle the McCalip case for $150,000.00 with a $4,000.00 up front payment and the remainder of $146,000.00 to be spread on tax rolls. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
AGENDA ITEM NO. 27: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 28: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Gillham commended the Shawnee High School football team for “great playing” this season. The team made it to the quarter finals this season.
Next Commissioner Winrow asked about the young man who spoke under Citizens Participation.
Community Development Director Michael Southard briefed the Commission that a public nuisance hearing was held on property at 1324 East Main Street last week and the garage was condemned by the City. The City is in the process of condemning the house of Mr. W. H. Franklin, current owner and resident.
Mr. Southard noted that the house was a tender box and all utilities had been shut off. He advised that other housing was offered, but Mr. Franklin does not want to move.
AGENDA ITEM NO. 29: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the meeting be adjourned. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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