Date: 6/21/1999Board: City CommissionDocumentType: MinutesWeb Posted: 12/5/2000 9:59:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

JUNE 21, 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, June 21, 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 Ms. Lerlene Hill
Christian Fellowship Ministry

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. 10

b. Minutes of June 7, 1999 meeting

c. Transfer of Appropriations in General Fund, Capital Improvement Fund, Shawnee Airport Fund, Cemetery Trust Fund, and Shawnee Municipal Authority

d. Budget Amendments in General Fund, Shawnee Municipal Authority, Home 1997 Fund, 1997 CDBG Entitlement Fund, 1998 CDBG Entitlement Fund, 1994 Street Improvement Project Fund, Street and Alley Fund and Gifts and Contribution Fund

e. Acknowledge the following reports and minutes:

* Budget Status Report as of May 31, 1999

* City Clerk Report for the month of May 1999

* Shawnee Police Report for the month of May 1999

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

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

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

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

* Utility Division Report for the month of May 1999

* Municipal Court Report for the month of May 1999

* Shawnee Community Center Report for the month of May 1999

* Urban Renewal Authority minutes of May 4 and May 18, 1999 meetings

* Sister Cities Council minutes of May 11, 1999 meeting

* Community Service Contracts Review Committee minutes of June 11, 1999 meeting

f. Recommendations from the Community Service Contracts Committee meeting of June 11, 1999:

1) Request from the Pottawatomie County District Attorney’s Office for renewal of the Narcotics Unit contract for fiscal year 1999-2000.

Recommendation: To approve request for $15,000.00 for fiscal year 1999-2000. (Same as last year)

2) Request from the Senior Citizens of Shawnee for renewal of contract for fiscal year 1999-2000.

Recommendation: To approve request for $46,812.00 for fiscal year 1999-2000. (Increase of $3,974.10 over last of year)

3) Request from Main Street Program for renewal of contract for $30,000 for fiscal year 1999-2000.

Recommendation: To approve request for $30,000.00 for fiscal year 1999-2000. (Same as last year)

4) Request from Salvation Army Boys and Girls Club for renewal of contract for fiscal year 1999-2000.

Recommendation: To approve request for $6,000.00 for fiscal year 1999-2000 and continue to phase out program over the next two (2) years. ($2,000 less than last year)

5) Request from American Legion for renewal of contract for fiscal year 1999-2000. (Last year was $1,000)

Recommendation: To refer to City Commission with no recommendation at this time. (City Attorney recommends denial for legality purposes)

6) Request from South Central Industries for renewal of contract for parks maintenance for fiscal year 1999-2000.
Recommendation: To refer to City Commission for recommendation since this is a contract for services.

7) Request from Action, Inc. for renewal of contracts for the Municipal Auditorium and Shawnee Community Center for fiscal year 1999-2000.

Recommendation: To increase current contract by $6,000.00 and review contract in six (6) months. (This amount to be used to keep summer programs going thru July 1999)

8) Request from Action, Inc. for renewal of contract for Tic Tac for fiscal year 1999-2000.

Recommendation: To refer to City Commission with no recommendation at this time. (This is a name change on contract as well as a new concept for use of money)

9) Request from Shawnee Rangers Baseball Club for funds to help cover expenses.

Recommendation: To deny request for legality purposes per City Attorney John Canavan.

10) Request from Clifton Broadous, for funds for community basketball at Municipal Gym.

Recommendation: To deny request for legality purposes per City Attorney John Canavan.

g. Acknowledge letter of appreciation from Special Military Active & Retired Travel Club (S*M*A*R*T*) for the support and generosity shown by Mark White and Tom Flora for an aerial photograph of the Exposition Center.

h. Acknowledge letter of appreciation from the City of Del City Police Department for the assistance in rescue and clean up after the May 3, 1999 tornado.

i. Approve contract with South Central Industries for parks maintenance for fiscal year 1999-2000. (Referred from Community Service Contracts Committee)

j. Authorize staff to negotiate for the cafeteria plan for City employees.

Before voting on this item, Commissioner Gillham requested 1 f. (10) be removed for further discussion.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve the Consent Agenda Item No. 1 (a-j) less item f(10). Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None

Next, Commissioner Gillham commented that he was impressed with the efforts Mr. Broadous had accomplished last year with the basketball program and he was in favor of the City providing $500 toward this type activity.
Upon discussion, City Attorney John Canavan stated that based on the information he had, his recommendation was to deny the request for legal purposes since the City cannot fund programs that are of private or religious in nature.
Thereupon, Commissioner Gillham made a motion, seconded by Commissioner Claybrook, that the City Attorney check further by meeting with Mr. Clifton Broadous, and give a report at the next meeting. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation:

City Manager Terry Powell presented a certificate of award and a $25.00 gift certificate to Gary Garza, Parks Department, as the May “Employee of the Month” in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance for a conditional use permit on property located at 304 North Leo from A-1, Agricultural District to A-1P, Agricultural District with a conditional use permit for use a petting zoo. (Applicant: Paul Mehagan)

A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to accept City Manager Terry Powell’s recommendation to defer this item to the July 19 meeting due to a legal publishing error. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None

AGENDA ITEM NO. 4: Consider a lease agreement with Shawnee Economic Development Foundation, Inc. increasing the amount of acreage leased to the SEDF from 80 to approximately 269 acres.

A motion was made by Commissioner Winrow, seconded by Commissioner Young, to approve the lease agreement with Shawnee Economic Development Foundation, Inc. increasing acreage from 80 to approximately 269 acres. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None

AGENDA ITEM NO. 5: Consider request from Action, Inc. for renewal of contract for Tic Tac for fiscal year 1999-2000. (Referred from Community Service Contracts Committee with no recommendation) (This is a name change on contract as well as a new concept for use of money)

City Attorney John Canavan explained to the Commission that Tic Tac was changing its name to Central Oklahoma Transit, a mass transit business, and changing the philosophy and purpose and possibly going to a county wide transit.
Mr. Canavan reminded the Commission that city and county monies should remain separate.
Mr. John K. Shea, Transit Director, Central Oklahoma Transit/Action Inc. appeared before the Commission to explain that the intent of the system was to increase and improve the transit system in Shawnee by expanding its service area, adding additional drivers, and vans.
Mr. Shea assured the Commission that the money the city contributed would be used in Shawnee. The contract of $39,000, was also requested to be increased by $20,950.00.
Commissioner Claybrook was opposed to the additional funds being charged against the Economic Development Fund.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to approve renewing the contract with Central Oklahoma Transit/Action, Inc. (formerly Tic Tac) with an increase of $20,950, from the Economic Development fund, to improve the public transit system to begin July 1, 1999.
AYE: Downing, Winrow, Roach, Gillham, Young, Harden
NAY: Claybrook

AGENDA ITEM NO. 6: Consider a resolution to include the City of Shawnee in the workforce investment area provided for in the Workforce Investment Act and appointing the Mayor as City representative pursuant to the Act.

Mayor Harden advised that this new act will be replacing the current Job Training Partnership Act (JTPA) and it is fully federally funded with no costs to the City.
Resolution No. 6040 was introduced and the title read aloud.

Resolution No. 6040 entitled “A resolution including the City of Shawnee in the workforce investment area provided for in the Workforce Investment Act and appointing the Mayor as city representative pursuant to the Act.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None

Thereupon Mayor Harden declared Resolution No. 6040 duly passed and adopted.
AGENDA ITEM NO. 7: Consider a resolution adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 1999 through June 30, 2000 finding all things requisite and necessary have been done in preparation and presentation of said budget.

The Commission considered the $30.2 million dollar budget for fiscal year July 1, 1999 through June 30, 2000.
The public hearing was held on June 7, 1999 as required by Charter and/or statute, and the final budget was presented for adoption.
Resolution No. 6041 was introduced and the title read aloud.

Resolution No. 6041 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 1999 through June 30, 2000 finding all things requisite and necessary have been done in preparation and presentation of said budget.”

A motion was made by Commissioner Young, seconded by Commissioner Winrow, that the Title and Resolution be approved. Motion carried.
AYE: Young, Winrow, Roach, Downing, Claybrook, Gillham, Harden
NAY: None

Thereupon Mayor Harden declared Resolution No. 6041 duly passed and adopted.
AGENDA ITEM NO. 8: Consider a request from Oklahoma Department of Transportation (ODOT) for additional funds to cover the additional cost of the Federal Street Project.

City Engineer John Krywicki informed the Commission that the Federal Street project from the railroad tracks to Airport Drive was in need of additional funding as requested by the Oklahoma Department of Transportation (ODOT).
The low bid was $1,965,228.30, which was over the estimated costs by ODOT.
Mr. Krywicki recommended that the additional amount of $153,628.00 or 27.65 percent from the City was a good investment.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, that the request from the Oklahoma Department of Transportation (ODOT) for additional funds, for the City’s share, in the amount of $153,628.00, to cover the cost of the Federal Street Project, be approved. Motion carried.
AYE: Claybrook, Downing, Gillham, Young, Harden, Winrow, Roach
NAY: None

AGENDA ITEM NO. 9: Consider an ordinance officially naming road at Shawnee Twin Lakes to “Hart Road.”

Community Development Director Michael Southard, reported to the Commission that there was confusion as to the official name of a north/south road on the west side of Twin Lake No. 1 and south of Lake Road.
The road serves as an access road to the Hart Tract. He stated that the road has been called Johnson or Hart Road.
Mr. Southard requested in order to clear up the confusion and at the recommendation of the City’s E911 coordinator, that the road be officially named “Hart Road.”
Ordinance No. 1940NS was introduced and the title read aloud.

Ordinance No. 1940NS entitled “An ordinance naming the North/South road on the west side of Shawnee Twin Lake No. 1 and south of Lake Road “Hart Road”; describing said road; and declaring an emergency.”

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

Thereupon Mayor Harden declared Ordinance No. 1940NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider Bids:

a. Two Heating and Cooling Rooftop Units for City Hall (award)

A motion was made by Commissioner Winrow, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for the two heating and cooling rooftop units for City Hall, to Air Engineering, Inc., Oklahoma City, Oklahoma in the amount of $59,725.00 as the lowest and best bid subject a budget amendment to be presented at the next meeting. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None
b. Uniform Services (award)

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for uniform services to Western Uniform, Ada, Oklahoma, as tabulated at the June 7th meeting, as the lowest and best bid. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None

c. Water Treatment Chemicals (award)

A motion was made by Commissioner Winrow, seconded by Commissioner Roach, to accept staff’s recommendation to award the bid for the water treatment chemicals to the following bidders: (1) Sodium hydroxide be awarded to KIT Products of Austin, Texas, in the amount of $183.00 per dry ton as the lowest and best bid; (2) the contract for flouride be awarded to the City’s present supplier, VanWaters and Rogers’, Oklahoma City, Oklahoma, in the amount of $0.27 as the lowest and best bid; (3) all other water treatment chemicals be purchased from Coastal Products and Chemicals, Houston, Texas, at $0.105 for alum and the alum-polymer blend, as the lowest and best bid; and (4) purchase of chlorine gas at $420.00 per ton from Coastal Products and Chemicals, although not the lowest bid, but because their one-ton cylinders are new and their delivery is excellent. Motion carried.
AYE: Winrow, Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None

d. Asphalt Surfacing for Various Street Projects (award)
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to accept staff’s recommendation to award the bid for asphalt surfacing for various street projects to Shears Construction, Shawnee, Oklahoma, in the amount of $424,290.00 as the lowest and best bid. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None

e. Auditing Service Proposals (award)

A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for auditing services to Stephen H. Sanders, CPA, Inc., Shawnee, Oklahoma, in the amount of $14,200, as the lowest and best bid for fiscal year 1999-2000.
Before voting, Commissioner Gillham stated that he had concerns about the terms of the auditor and requested staff to consider establishing a policy regarding limiting the terms and broadening the scope beyond the City of Shawnee.
Since this was the fourth consecutive year the current auditor received the bid, Commissioner Gillham noted that he was not displeased with the auditor, but it was the concept of rotating auditors.
Commissioner Claybrook agreed and stated that it’s a good management procedure to change auditors.
Budget and Finance Director Jim Wilsie also advised that the City was not committed to a three year contract and next year staff would take directions under advisement. The roll call was now taken. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None

f. Fleet Fuel Management Services (open)

The bids were opened, read aloud and found to be as follows:
BIDDER AMOUNT

Fuelman of Oklahoma $0.095 (unleaded
.105 (unleaded plus)
.115 (premium)

Wright Express Corporation No Bid

A motion was made by Commissioner Winrow, seconded by Commissioner Gillham, to accept staff’s recommendation to award the fleet fuel management service bid to Fuelman of Oklahoma, Oklahoma City, Oklahoma, in the amount of $0.095 for unleaded; .105 for unleaded plus; and .115 for premium. Motion carried.
AYE: Winrow, Gillham, Young, Harden, Roach, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 11: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).

There was no Citizens Participation.

AGENDA ITEM NO. 12: Administrative Reports.

There were no Administrative Reports.

AGENDA ITEM NO. 13: New Business.

Under New Business, the following comments, concerns, and requests were made by the Commission:
*Commissioner Claybrook expressed concerns about the unsightly parking of vehicles in yards and driving over sidewalks and asked if there was any law prohibiting this type of parking. Commissioner Claybrook requested the subject be placed on the next agenda for discussion.
Community Director Michael Southard advised that other cities had the same problems, but since this involves private property, the enforcement was difficult. He stated that he would check further into the matter.
Another concern of Commissioner Claybrook was the unsightly garbage being dumped at the Twin Lakes parks.
Public Works Director James Cole stated that staff would pursue taking care of this matter.
*Commissioner Gillham asked when the new fire station on Bryan Street would be opening and if the opening warrants the East Main Fire Station to close.
Fire Chief James Roberts responded that he didn’t anticipate it being closed in the near future and advised it is being used to house the fire squad.
Commissioner Gillham stated that he would like to see a study conducted on the East Main Station in regards to the practical reasons for it to remain open.
Fire Chief Roberts agreed to conduct the study.
*Mayor Harden reported that she was continuing to received complaints on the signs of Noah’s Ark petting zoo.
She then asked staff about the procedures on parades and especially about the closing of streets. She noted that she had received many complaints.
Police Chief Hank Land responded that on smaller parades, the police car is in front of the parade, called a rolling parade, and the traffic is stopped ahead.
He noted that in the future the Police Department would handle appropriately.

AGENDA ITEM NO. 14: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. ( 9:00 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None

______________________________
MAYOR
(SEAL)
ATTEST:

____________________________
CITY CLERK


NOTE: Additions were made at the July 6, 1999 City Commission meeting to these minutes and are printed in italics. See master records for details.
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