Date: 5/17/1999Board: City CommissionDocumentType: MinutesWeb Posted: 12/5/2000 9:57:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

MAY 17, 1999 AT 7:30 P. M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, May 17, 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 Bob Searl
University Baptist Church

FLAG SALUTE Mayor Harden

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

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. 6

b. Minutes of May 3, 1999 meeting

c. Budget Amendment in 1994 CDBG Entitlement Fund, Emergency Shelter Grant Fund, and 1996 Emergency Shelter Grant Fund, and Capital Improvement Fund

d. Acknowledge the following reports and minutes:

* Budget Status Report as of April 30, 1999

* City Clerk Report for the month of April 1999

* Building Inspector Report for the month of April 1999

* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of May 1999

* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of April 1999

* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of April 1999

* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of April 1999

* Utility Division Report for the month of April 1999

* Municipal Court Report for the month of April 1999

* Planning Commission minutes of May 5, 1999 meeting

* Sister Cities Council minutes of April 13, 1999 meeting

* Traffic and Transportation Commission minutes of March 23, 1999 meeting

e. Lakesite Leases:
Renewals

Lot 12, Belcher Tract Lot 13, Belcher Tract
Dee Ann Lowrey William A. Lowrey
701 North Market 701 North Market
Shawnee, OK Shawnee, OK

Lot A, South School Tract
Kay Wilkinson & Tracy Smiley
31702 Lake Road
Shawnee, OK

Transfers

Lot 14, Belcher Tract
Fr: Kevin Yell To: June & Tina Miller
34510 Lake Road 211 South Oklahoma
Shawnee, OK Shawnee, OK

Lot 13, South School Tract
Fr: Lewis & Martha Dearing To: Thomas B. Hennigh
136 West Silvermeadow PO Box 3157
Midwest City, OK Shawnee, OK

f. Recommendations from the Traffic and Transportation Commission meeting of April 27, 1999:

1) Request from Mr. Almon Henson, Law Office of Henson, Henson, Henson, Marshall, and Milburn, 101 West 9th, for removal of one parking space on the west side of Beard street in front of their law office just south of 9th Street.

Recommendation: To approve request and staff to check the length of parking spaces on the west side of Beard for accurate measures.
2) Request from Meghan Irish, student at Horace Mann, for a stop sign at 9th and Draper.

Recommendation: To defer for further study, police surveillance requested to be setup in this area for speeders.

3) Request from Ms. Johnnie Quinn, Office of Chapel Ridge Apartments, 130 East 45th, for flashing “Caution” signs near the apartment entrance on 45th Street.

Recommendation: To defer request to allow staff to locate an appropriate warning signage for 45th Street. T&TC recommended feasibility study of widening to three (3) lanes from west of the apartments eastbound to Union Street on 45th Street.

4) Request from Ms. Kaye Newell, 1 Emerald Court, for a stop sign at Market and 39th Street.

Recommendation: To install a yield sign for northbound traffic at the intersection of Market and 39th Street.

5) Request from Mr. Dan Johnson, 21 Rice Road, for something to be done to alleviate cut through traffic on Rice Road.

Recommendation: To deny request.

g. Approve a resolution nominating Bertha Ann Young and Randy Swinson to fill two vacancies on the Board of Trustees of the Oklahoma Municipal Retirement Fund (OMRF) for five-year terms commencing on October 1, 1999.

Resolution No. 6032 entitled “A resolution authorizing and directing Chris Harden, Mayor and authorized agent of the City of Shawnee to nominate Ms. Bertha Ann Young and Mr. Randy Swinson to fill the vacancies on the Board of Trustees of the Oklahoma Municipal Retirement Fund for five-year terms commencing on October 1, 1999.”

h. Authorize staff to advertise for bids on one chiller barrel for the condensing unit at City Hall.

i. Authorize staff to advertise for bids for uniform service for the Public Works Department for fiscal year 1999-2000.

j. Authorize staff to advertise for bids on a document imaging system.

A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-j), be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None

Thereupon Mayor Harden declared Resolution No. 6032 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Proclamations:

Mayor Harden issued the following proclamations:

“Emergency Medical Services Week”
May 16-22, 1999
(accepted by Greg Reid, REACT Ambulance Service)

“Oklahoma Museums Week”
May 16-22, 1999
(accepted by Melissa Owens, Mabee-Gerrer Museum)


AGENDA ITEM NO. 3: City Manager’s Presentation:

City Manager presented a certificate of award and a $25.00 gift certificate to Lee McKey, Line Maintenance, as the April “Employee of the Month” in recognition of his dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 3831 North Kickapoo from R-3, Multi-Family Residential District to C-3, Automotive and Commercial Recreation District for church with a snow cone stand. (Applicant: J. Clifton Briscoe for Living Word Church) (Deferred from 5/3/99 meeting).

Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3831 North Kickapoo for use as a church with a snow cone stand.
It was noted the Planning Commission and staff recommended approval of the application.
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. 1937NS was introduced and the title read aloud.
Ordinance No. 1937NS 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 commencing at the Northwest Corner (NW/C) of the Southwest Quarter (SW/4) of Section Six (6), Township Ten North (10N), Range Four East (4E) of the Indian Meridian, Pottawatomie County, Oklahoma; thence south a distance of 239 feet; thence east a distance of 82 feet to the point of beginning; thence east a distance of 50 feet; thence south a distance of 50 feet; thence west a distance of 50 feet; thence north a distance of 50 feet to the point of beginning, containing 0.06 acres, more or less; rezoning said property from zoning classification R-3; Multi-family Residential 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 Young, seconded by Vice Mayor Downing, that the Title and Section 1, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None

A motion was made by Commissioner Young, seconded by Commissioner Gillham, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Young, Gillham, Harden, Winrow, Roach, Downing, Claybrook
NAY: None

Thereupon Mayor Harden declared Ordinance No. 1937NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to vacate the north/south alley between Elm Street and Shawnee Street in Lots 19-30, Block 4, Patchin’s Addition. (Applicant: Jim Taheri)

Mayor Harden declared a public hearing in session to consider an ordinance to vacate the south portion of the north/south alley located in Block 4, Patchin’s Addition.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests against the closing. A petition signed by five property owners adjacent to the alley was received requesting the alley be closed to through traffic to insure the safety of children and reduce dust and noise to residences.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the application.
Mr. Levi Moody, 1020 East Highland, appeared in favor of the vacate.
City Manager Terry Powell advised that the City would retain the utility easement.
There being no others to appear, Mayor Harden declared the public hearing closed.
Upon further discussion by the Commission, Mr. Jim Taheri, applicant, advised the Commission that one reason for the vacate request was for security reasons. He also advised that there is no garbage pickup in the alley.
After due and careful consideration, Ordinance No. 1938NS was introduced and the title read aloud.
Ordinance No. 1938NS entitled “An ordinance vacating the north/south alley in Lots Nineteen (19) through Thirty (30), Block Four (4), Patchin’s Addition to the City of Shawnee, Pottawatomie County, Oklahoma; specifically describing said property; reserving the right to reopen said alley; reserving utilities; and declaring an emergency.”

A motion was made by Commissioner Gillham, seconded by Commissioner Young, that the Title and Sections 1-4 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 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None

Thereupon Mayor Harden declared Ordinance No. 1938NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider Bids:

The following bids were opened read aloud and found to be as follows:
a. Union Street Paving Project Federal to MacArthur (open)

BIDDER AMOUNT

Brawner Construction Company $693,179.75
Iron Horse Construction Company $547,190.50
Rudy Construction Company $851,640.75
S.E.A. Construction Corporation $678,606.60
T. J. Campbell Construction Company $792,385.00
TTK Construction Company, Inc. $831,985.75
Engineer’s Estimate: $686,630.00

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to refer all bids to staff for review and report back at the next meeting. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None

b. Laboratory Services (open)

BIDDER AMOUNT

Accurate Environmental Labs $24,487.00
ANA-LAB Corporation $33,168.00
QuanTem Laboratories, LLC. $23,008.80
Stanley Engineering-Alpha Labs $26,869.00
Stover & Associates, Inc. $47,380.00

A motion was made by Commissioner Roach, seconded by Commissioner Winrow, to accept staff’s recommendation to refer all bids to staff for review and report back at the next meeting. Motion carried.
AYE: Roach, Winrow, Downing, Claybrook, Gillham, Young, Harden
NAY: None

c. Aggregate Materials 12 month bid for fiscal year 1999-2000
(open)

MERIDIAN DOLESE QUAPAW
Mill Creek, OK OKC, OK Stillwater, OK

MATERIAL Price Per Ton Price Per Ton Price Per Ton

1 ½“ Crusher Run #1 No Bid $2.75 $4.75
1 ½” Crusher Run #2 No Bid $4.25
2” Crusher Run $2.75 $4.75
3/8” Limestone Chips $5.55 $7.40
5/8” Limestone Chips $5.20 $7.40
1 ½” Coarse Stone $4.15 $6.50
2” Coarse Stone $4.85 $6.50
3/8” Screenings $3.25 $3.75
5/8” Mill Run No Bid $7.15
1 ½” Mill Run #10 $3.95 $4.75
6” Rip Rap No Bid $5.75
8” Rip Rap No Bid No Bid
10” Rip Rap No Bid No Bid
12” Rip Rap $6.95 No Bid
18” Rip Rap $5.95 $6.00
24” Rip Rap $5.95 No Bid

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to refer all bids to staff for review and report back at the next meeting. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
None: None

d. Hauling and Unloading Aggregate Materials 12 month bid for fiscal year 1999-2000 (open)

L & D Wade Dump Doyle Roller Quapaw Byron Trucking Truck Serv, Inc. Trucking Company Cole

Quarry

Hauling from Dolese
Konawa, OK

To Public Works Yard No Bid No Bid No Bid No Bid No Bid
To Shawnee Twin Lakes No Bid No Bid No Bid No Bid No Bid

Hauling from Dolese
Davis, OK

To Public Works Yard $5.25 $5.86 $5.60 No Bid $5.04
To Shawnee Twin Lakes $5.54 $6.20 $6.40 No Bid $5.61
Hauling from Heiskell
Okemah, OK

To Public Works Yard $6.00 No Bid No Bid No Bid No Bid
To Shawnee Twin Lakes $6.25 No Bid No Bid No Bid No Bid

Hauling from Quapaw
Stillwater, OK

To Public Works Yard $6.00 $6.50 No Bid $6.25 $5.77
To Shawnee Twin Lakes $6.50 $6.85 No Bid $6.90 $6.53

Hauling from Meridian Aggregate
Mill Creek, OK

To Public Works Yard $5.25 $5.86 $5.60 No Bid $5.04
To Shawnee Twin Lakes $5.54 $6.20 $6.40 No Bid $5.61

A motion was made by Commissioner Roach, seconded by Commissioner Winrow, to accept staff’s recommendation to refer all bids to staff for review and report back at next meeting. Motion carried.
AYE: Roach, Winrow, Downing, Claybrook, Gillham, Young, Harden
NAY: None

e. Asphalt Concrete Type A, B, & C 12 month bid for fiscal year 1999-2000 (open)


T. J. Campbell Shears
Construction Construction
OKC, OK Shawnee, OK

Material Deliverd
To Job Site Price Per Ton Price Per Ton

Type A Asphaltic Concrete 23.77 23.95
Type B Asphaltic Concrete 24.52 23.95
Type C Asphaltic Concrete 24.52 23.95

Material Loaded at Plant Price Per Ton Price Per Ton

Type A Asphaltic Concrete 20.05 22.25
Type B Asphaltic Concrete 20.80 22.25
Type C Asphaltic Concrete 20.80 22.25

A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to accept staff’s recommendation to refer all bids to staff for review and report back at next meeting. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None

f. Fleet Fuel Management Services (open)

There were no bids received and Public Works Director James Cole advised the Commission that the City staff would be checking the options which includes considering contracting with the State for fuel.
g. Three Storm Sirens with complete installation (open)

BIDDER AMOUNT
American Communications $41,265.50

Federal Signal Corporation $45,938.00

Harris Systems Group, Inc.(American Signal) $37,330.00

A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to accept staff’s recommendation and refer all bids for review and report back at the next meeting. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 7: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).

Under Citizens Participation, Mr. Jim Sims appeared and read a letter he had intended to send to the Department of Justice regarding public access to the drinking fountains for the handicapped at the Public Works facility.
Public Works Director James Cole informed the Commission that the American Disability Act (ADA) minimum height requirement for drinking fountains is eight (8) inches and the water fountains at the Public Works facility are nine (9) inches, which is within the ADA guidelines.
Commissioner Gillham commented that the City has made several changes throughout the city facilities in order to be in compliance with the ADA.
Also, City Treasurer/Finance Director Bertha Ann Young reported that she had worked with Mr. Sims in making changes to City Hall to be handicapped accessible and he was pleased with the adjustments.
City Manager Terry Powell informed the Commission that he had dealt with Mr. Sims for a long time on other problems and staff will continue to work with Mr. Sims regarding the complaints.
Mr. Alvin Lawson, 4302 Liberty Circle, addressed the Commission regarding blockage of sewer lines on his property in October 1998. He advised that his front yard was torn up and not properly repaired by the City.
After discussion and direction from the Commission, Public Works Director James Cole stated that he would put a crew on this project.
AGENDA ITEM NO. 8: Administrative Reports.

Under Administrative Reports, Public Works Director James Cole extended an invitation to the Commission for open house at the Northside Waste Water Treatment Plant, Wednesday, May 19, 1999 from 9:00 a.m. to 2:00 p.m. in recognition of “National Public Works Week.”
AGENDA ITEM NO. 9: New Business.

Under New Business, Commissioner Claybrook requested attention be made to boat ramp areas at the lakes. He noted two or three old dilapidated boat docks submerged against the bank north of the ramp. He also advised that the restrooms were unsightly and less than clean. They need painting inside and outside and the exterior light fixtures need checking.
Commissioner Claybrook also advised that the area around the lake headquarters needed to be cleaned up.
Mayor Harden inquired about the status of Noah’s Ark Petting Zoo and Planning Consultant Bill Colclasure advised the Commission that Mr. Mehagan had made a down payment of $55.00 several months ago, but still needed to complete rezoning application and pay balance due.
It was noted that First American Title agreed to furnish a free ownership list and the Shawnee Sun agreed to publish the legal notice at no charge.
It was the consensus of the Commission that Mr. Mehagan complete the rezoning application and work with Mr. Michael Southard, Community Development Director, in order to comply with City Codes.
AGENDA ITEM NO. 10: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Commissioner Roach, that the meeting be adjourned. Motion carried. (8:49 p.m.)
AYE: Winrow, Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None


______________________________
MAYOR


(SEAL)
ATTEST:

_____________________________
CITY CLERK
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