The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Tuesday, September 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 Janie Kirt Morris
Emanuel Episcopal Church
FLAG SALUTE Chad Eppley
Scout Troop 440
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. 11.
b. Minutes of August 21, 2000 meeting
c. Budget Amendments in 1999 CDBG Entitlement Fund, 2000 CDBG Entitlement Fund and 1998 HOME Fund
d. Transfer of Appropriations in Street Improvement Fund and Capital Improvement Fund
e. Acknowledge the following reports and minutes:
* Shawnee Police report for the month of July, 2000
* Civic and Cultural Development Authority minutes of
July 13, 2000 meeting
* Traffic and Transportation Commission minutes of July 25,
2000 meeting
f. Approve out-of-state travel for City Manager Terry Powell to attend ICMA 86th Annual Conference in Cincinnati, Ohio September 17-20, 2000.
g. Lakesite Lease Transfer:
Lot 3, Seck Tract
To: Ray & Doris Bradshaw From: Harley & Delores King
P.O. Box 505 39 Post Office Neck
Choctaw, OK 73020 Shawnee, OK 74801
h. Authorize staff to advertise for bids for a diesel powered portable lift station.
i. Approve estimate from Grace & Sons for appraisal of three airport properties.
j. Recommendations from the Traffic and Transportation Commission meeting of the August 22, 2000 meeting:
1) Consider request from Ms. Kim Winteringer, 1514 Mesa Verde, requesting a “Children at Play” sign at Emerald Forrest.
Recommendation: To deny request.
2) Consider request from Mr. Jansen, 301 N. Kennedy, for “No Parking” signs on the West and North side of this address for Al-Ko Kober Corporation.
Recommendation: To place “No Parking” signs in the 300 and 400 blocks (both sides) of North Kennedy Street.
3) Consider request from Ms. Nancy Johnson, 1619 E. 10th , for a stop sign to be placed at the corner of 10th and Kennedy Streets.
Recommendation: To reverse stop signs at the following locations to complete a grid stop sign system: Roosevelt and 10th Streets; Mead and 11th Streets.
4) Consider request from Mr. Emmit Hazelwood, 18906 13th Street, for a crosswalk to be placed in the middle of the 500 block of North Draper for Temple Baptist Church.
Recommendation: To table request pending further investigation.
k. Mayor’s Appointment:
Airport Advisory Board
Appoint Jim Taheri to replace Mark Jernigan to a term expiring 7/1/02
Before considering the Consent Agenda, Commissioner Roach requested that j1) be pulled for separate consideration.
City Manager Terry Powell noted that under j3); the street name should be corrected from “Kennedy Street” to “Kimberly Street.”
He also noted that under j2); a letter had been received from Al-Ko Kober Corporation asking that the request for no parking signs on both sides of the 300 and 400 blocks North Kennedy Street be denied.
Since this particular item was listed under Agenda Item No. 4, action would be taken under that item.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 1 (a-k), less j.1), and with noted correction. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
Referring back to j.1), regarding the Traffic and Transportation Commission’s denial of request for a “Children at Play” sign at Emerald Forrest, Public Works James Cole addressed this item.
Mr. Cole gave reasons for the denial being that the sign would give a false sense of safety and the street is a dead end street that has no through traffic. He noted that the “Children at Play” signs have not been installed for sometime.
Motion was made by Commissioner Roach, seconded by Commissioner Harrod, to approve the “Children at Play” sign at Emerald Forrest. Motion failed.
AYE: Roach, Harrod
NAY: Harden, Blair, Downing, Claybrook, Pettyjohn
AGENDA ITEM NO. 2: Mayor’s Proclamations and Presentation:
Mayor Harden issued the following proclamations:
“Habitat for Humanity Building on Faith Week”
September 10 - 17, 2000
(accepted by Susan Washington)
“9-1-1 Day”
September 11, 2000
(accepted by Laura Jackson, Dispatch Supervisor)
Mayor Harden read into record Resolution No. 6084 designating September 11, 2000 as 9-1-1 Emergency Number Day.
Resolution No. 6084 entitled “A resolution designating September 11, 2000 as 9-1-1 Emergency Number Day.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the title and resolution be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
Thereupon Mayor Harden declared Resolution No. 6084 duly passed and adopted.
AGENDA ITEM NO. 3: Presentation by Dave Sisco of plaque of appreciation to Elaine Brandt for 11 years of service on the Local Emergency Planning Committee.
Mr. Dave Sisco, Local Emergency Planning Committee Chairman, presented a plaque of appreciation to Elaine Brandt for eleven (11) years of service on the Local Emergency Planning Committee.
Mr. Sisco also recognized Susan Jordan, James Cole, James Roberts, and Hank Land for serving on the committee.
Ms. Brandt accepted her plaque and stated that she appreciated the opportunity to serve on this important committee.
AGENDA ITEM NO. 4: Consider an ordinance to eliminate parking on both sides of the 300 and 400 blocks of North Kennedy.
Mr. Raymond Belford, representative of Al-Ko Kober Corporation, explained to the Commission that the request was made by a former employee who was not authorized to make the request and it was a parking issue that could be resolved by the company.
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to deny the proposed no parking ordinance on both
sides of the 300 and 400 blocks of North Kennedy. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 5: Consider authorizing staff to advertise for bids for city liability insurance.
Personnel Director Allen Benelli informed the Commission that the City’s liability insurance policy expires November 1, 2000. The current carrier, Oklahoma Municipal Assurance Group (OMAG) has notified the City that the renewal premium for the next policy year will be $102,946.06 ($114,384.51 less a 10% early payment discount). The premium for next policy year constitutes a 10% increase.
In Mr. Benelli’s discussions with Chuck Smith of OMAG, the increase in premium is due to three factors:
a) A 9% increase in operating expenses
b) Legislation passed by the State Legislature increasing Tort Claim Limits from $100,000 to $125,000, effective July 1, 2000
c) An existing loss ratio of 102-105% for claims experience prior to 11/1/98
He referred to his memorandum in the agenda packet that gave a three year breakdown of the premiums paid with early payment discounts.
Mr. Benelli also pointed out that unique to cities participating in OMAG’s coverage are premium credits for job and safety training from MESO and utilizing two training services for law enforcement.
He further advised that the City receives a premium credit of $10,398 for using these training services. And in addition, this past year, OMAG has provided Smart Risk Management Training for city employees and established an employee hot line for reporting incidents of wrongdoing; which this service is provided at no cost to the City and would normally cost $5,000 to $7,000 per year.
Based upon these factors, Mr. Benelli recommended to renew the insurance policy with OMAG.
After a brief discussion, the Commission preferred to go through with advertising for bids.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to authorize staff to advertise for bids for city liability insurance. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 6: Consider contracting with By the Numbers Actuarial Service for a follow-up actuarial study of workers compensation claims for fiscal year ending 6/30/00.
Personnel Director Allen Benelli informed the Commission that By The Numbers Actuarial Services, had presented an actuarial study of the City’s Workers Compensation Program at the May 15, 2000 meeting. The Commission expressed interest in having another study done after the end of the fiscal year.
He advised that the consultant has agreed to perform another actuarial study for the fiscal year ending June 30, 2000 for $2,500.00.
A motion was made by Commissioner Claybrook, seconded by Commissioner Roach, to contract with By The Numbers Actuarial Services for an actuarial study for the fiscal year ending June 30, 2000. Motion carried.
AYE: Claybrook, Roach, Downing, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 7: Consider authorizing staff to advertise for proposals for annual audit services for the fiscal year ending June 30, 2001 which will include additional services to perform a comprehensive evaluation of internal controls.
City Treasurer/Finance Director Jim Wilsie outlined recommendations for improving the City’s internal controls.
The Commission referred to his memorandum of August 31, 2000 included in the agenda packet for more details of his recommendations.
He advised that to do this, the City needs to evaluate the existing system of internal controls; identify any weaknesses in the system; and make changes to eliminate or minimize the weaknesses.
Mr. Wilsie suggested the City contract with a CPA firm since it would not be practical for him to perform the evaluations due to his workload. It was his opinion that the most efficient way to complete this project is in conjunction with the annual audit.
He advised that the City could expand this evaluation and engage the auditor to perform a more in depth review and make specific recommendations relating to their findings.
It was Mr. Wilsie’s recommendation that the City proceed with the process of selecting an independent auditor and add these additional services as part of the contract.
Mr. Wilsie also told the Commission that he had contacted Mr. Michael Crawford, Crawford and Associates, in order to have a better idea of the time and cost involved in completing an internal control review.
Mr. Crawford informed him that his firm had done this type of engagement for other cities and based on his experience, he suggested to spread the project over several years because it would be very difficult to complete all at once. He roughly estimated a fee of $10,000.00 each year for three years to complete the review.
Concluding, City Treasurer Wilsie stated that city staff would assist, but the audit firm primarily would be responsible for all aspects of the audit.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to authorize staff to advertise for proposals for annual audit services for the fiscal year ending June 30, 2001 including additional services to perform comprehensive evaluation of internal controls. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 8: Consider long-range development of a regional park for the City of Shawnee.
Commissioner Pettyjohn requested discussing long-range plans for development of a regional park for the City of Shawnee.
He stated that the City was in need of better recreational facilities and he visualized ball parks, soccer fields, pavilion, and a water park.
He commented that he would like to have a facility that would attract people not only from Shawnee but from surrounding areas.
City Manager Terry Powell stated that the Commissioner’s request was consistent with the Comprehensive Plan study conducted a few years ago indicating that Shawnee was in need of additional parks. He added that he had several requests for soccer and softball fields.
In discussion, Commissioner Harrod suggested combining the proposed “Kidspace” park with the regional park.
In response, Commissioner Roach disagreed and urged that “Kidspace” continue. He stated the “Kidspace” planners hoped to hold a kick off day in October.
The Commission then called upon Community Development Director Mike Southard to give a report on the City of Muskogee’s park. He reported that they had built a regional park that included twelve baseball fields, eight softball fields, two Little League football fields, and a scaled down aquatic center similar to Whitewater Bay in Oklahoma City.
Commissioner Claybrook agreed that Shawnee had reached the point where a park facility of this nature was needed and urged the city staff to begin planning.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, for city staff to conduct a preliminary study for a long-range regional park development and report to the Commission in three months. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 9: Consider request by Tom and Greg Brown to seek public participation for improving Independence Street (East of Bryan approximately 1,200 feet) at an estimated total cost of $180,000.00.
Appearing before the Commission was Mr. Greg Brown, representing himself and Tom Brown, local developers, requesting to seek public participation for improving Independence Street, east of Bryan Street approximately 1,200 feet.
Mr. Brown informed the Commission that they had purchased land immediately north of the Shawnee Golf and Country Club, and had planned to develop it as low density residential in accordance with the City’s Comprehensive Plan, naming it Windmill Ridge Addition.
He further stated that since Independence Street was unimproved, it would put their development in an economic disadvantage without public participation; and he was proposing a joint effort be engaged to surface that section of the road. He had estimates ranging from $131,000 to $180,000.
According to city staff, Mr. Southard reported that the Subdivision Regulations require that a developer provide half-street improvement when abutting an arterial street. It is the intent that as both sides are developed, the entire street would be complete. He noted that when The Bridges Addition was platted, in lieu of half-street paving, they were asked to pave the entire street west of their entrance. The result is that without public participation, the south half of Independence would not be improved.
Upon discussion, the Commission recognized the feasibility of the request and showed support for the road improvements.
Also appearing was Mr. Gary Akin of Highland, LLC., developer of The Bridges Addition, where the Shawnee Country Club is located. He stated that his company would fulfill its obligation by participating in the street paving project.
City Manager Terry Powell stated that under the next agenda item, this item ties in with the request from the County for the city’s participation in paving a part of the Independence Street between Bryan Street and Brangus Road.
He commented that this looked to be an opportunity for multi-participation of the Browns, Pottawatomie County, Highland LLC, and the City.
City Manager Terry Powell stated that city staff would work with all parties involved to get a formal commitment and report to the Commission at the next meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the request from Tom and Greg Brown for the City to participate in the paving improvements of Independence Street east of Bryan and the estimated costs to be presented at a later date. Motion
carried.
AYE: Downing, Harrod, Harden, Blair, Roach, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 10: Consider request by Buck Day, Pottawatomie County Commissioner, to enter into an agreement to pave the east one-half of Independence Street between Bryan Street and Brangus Road and to consider placing on the 3 year street plan.
City Manager Terry Powell reported that Pottawatomie County Commissioner Buck Day requested the City participate in a joint effort to pave the east one-half of Independence Street between Bryan Street and Brangus Road.
Since this request was discussed in the previous agenda item, it was agreed by the Commission that city staff work out an agreement with the County.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the request from Buck Day, Pottawatomie County Board of Commissioners, for the City of Shawnee to participate in a joint effort to pave the east one-half of Independence Street between Bryan Street and Brangus Road and that an agreement be made between both
parties including the cost estimates. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 11: Consider Bids.
a. One 2001 Positive Displacement Vacuum Trailer (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to approve staff’s recommendation to award the bid on the one (1) 2001 Positive Displacement Vacuum Trailer to Midwest Equipment Company, Oklahoma City, Oklahoma, in the amount of $73,000 as the lowest and best bid. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
b. One 2001 15,000 LB GVWR Pickup Cab & Chassis (award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve staff’s recommendation to award the one (1) 2001 15,000 LB GVWR Pickup Cab & Chassis to Brackeen Motors, Inc., Shawnee, Oklahoma, in the amount of $24,485.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair, Roach
NAY: None
c. Repair and Renovation of Five Water Storage Towers and Long Term Maintenance Program
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve staff’s recommendation to award the Repair and Renovation of Five Water Storage Towers and long term maintenance program proposal to Utility Service Company, Inc., Pittsburg, Kansas, as the lowest and the best bid meeting specifications with the aggregate fee for the first through the fifth year at $140,770.00; the established base fee starting in the sixth year as $57,742.00; and with an inflation clause to increase the base fee not more than five percent (5%) every third year. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Roach, Downing, Claybrook
NAY: None
d. Safety Consultant (open)
BIDDER HOURLY AMOUNT
Harmony Cook $ 15.00
Oklahoma City, OK
David Smith $ 65.00
Atkins Benham $ 60.00-78.00
Norman, OK
Fire Protection Consultants $ 80.00
Midwest City, OK
Integrated Solutions $112.00
Wichita, KS
John R. Kemp $ 42.50
Arlington, TX
Tom Flowers $ 18.00
Lexington, OK
Enviro-Safety, Inc. $ 45.00
Midwest City, OK
Global Occupational $ 75.00
Oklahoma City, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to accept staff’s recommendation to defer the safety consultant bid to staff for further review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
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: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Jim McLeod, owner of Kickapoo and Shawnee hotels, appeared before the Commission voicing his concerns about the water deposits.
In response, staff will conduct a study or survey on water deposit policies and report at the first meeting in October.
Next, Mr. Randall Hutchins, 528 West Wood, appeared before the Commission requesting assistance with parking problems in the 500 block of West Wood Street. It was noted that Mr. Hutchins was placed on the Traffic and Transportation Commission’s next meeting agenda.
AGENDA ITEM NO. 14: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn asked if the street for improvements list was ready.
City Engineer John Krywicki state that it would be on an upcoming agenda.
Commissioner Roach inquired about the status of the City’s water supply.
Public Works Director James Cole reported that the water treatment plant pumped 7.7 million gallons of water on Monday, which was at capacity. He stated that the City had an adequate water supply, but was drawing from all three lakes.
He informed the Commission he was monitoring the usage daily and noted the City Manager had the authority to declare rationing, but they would wait another day to determine what action would be taken.
AGENDA ITEM NO. 15: Administrative Reports.
The Administrative Report was presented under the previous item regarding the water usage update.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach,
that the meeting be adjourned. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
___________________________
CITY CLERK
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