BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 7, 2001 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 7, 2001 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 Vacant
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Larry Sparks
New Beginnings Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Minutes of April 16, 2001 meeting.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the minutes of April 16, 2001 meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Roach
NAY: None
AGENDA ITEM NO. 2: Swearing in of Commissioner Bob Weaver by Municipal Judge Robert H. Jones and presentation of Certificate of Appointment.
Mr. Bob Weaver, who was appointed by the Commission on April 16, 2001 as Commissioner of Ward IV, was officially sworn-in and administered the Oath of Office by Municipal Judge Robert H. Jones.
Mayor Harden presented Commissioner Weaver with a Certificate of Appointment and he was then seated.
AGENDA ITEM NO. 3: Commission Appointment of a Vice Mayor (per Article III, Section 6 of City Charter)
In accordance with the City Charter provisions, the office of Vice Mayor is appointed for the term of one year at the first meeting in May.
Mayor Harden called for nominations from the floor and Vice Mayor Downing was nominated. There were no further nominations and the nominations for Vice Mayor were closed.
A motion was made by Commissioner Roach, seconded by Commissioner Harrod, that Bob Downing be appointed as Vice Mayor (per Article III, Section 6 of City Charter) for the term of one year to expire the first Commission meeting in May of 2002. Motion carried.
AYE: Roach, Harrod, Harden, Weaver, Claybrook, Pettyjohn
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 4: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item No. 14.
b. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes of March 15, 2001 meeting
* Planning Commission minutes of April 4 and April 21, 2001 meetings
* Shawnee Urban Renewal Authority minutes of April 3, 2001 meeting
* Sister Cities Council minutes of March 27, 2001 meeting
* Traffic and Transportation Commission minutes of February 27, 2001 meeting
c. Lakesite Leases:
TRANSFERS:
Lot 14/15 Johnston Tract
To: Jim & Sandra Pickard From: James W. Phipps
P.O. Box 14828 6313 N. Warren
Okla. City, OK 73113 Okla. City, OK 73112
13 Magnino Tract
To: Glen & Tonia Parsons From: James Smith &
5 Fairview Lane Cyndie Norton
Shawnee, OK 74804 16708 Clearpond Rd
Shawnee, OK 74801
RENEWALS:
Lot 4 Skipper Tract Lot 6 Hart Tract
Sally Cole & Paula Hardeman Eliam & Kathleen Moore
62 Archery Range Dr. 104 Hart Road
Shawnee, OK 74801 Shawnee, OK 74801
d. Acknowledge letters from Shawnee Middle School and Shawnee Public Schools expressing appreciation to Officer Steve Leader for his assistance and professionalism at Shawnee Middle School.
e. Acknowledge letter from Shawnee Middle School expressing appreciation to Officer Mason Wilson for his assistance and professionalism at Washington Academy and Shawnee Middle School.
f. Acknowledge letter from Mr. Bob Colclazier, President of Country Coach International, expressing appreciation to police officers Kent Borcherding and Tom Hennigh for their assistance with the Country Coach RV caravan.
g. Acknowledge letter from W. G. “Gil” Steidley, Jr. expressing appreciation to Shawnee firefighters for their assistance in unlocking his car.
h. Approve lump sum contribution refund from Oklahoma Municipal Retirement Fund for Marion Lee McKey, Jr., Rickey Dug McMahan and Harold Dee Gearhardt.
i. Approve a resolution electing Trustees to the Oklahoma Municipal Assurance Group for three-year terms commencing July 1, 2001.
j. Authorize staff to advertise for bids for FY2000-2001 Rehab Asphalt Streets Project.
k. Approve Change Order No. 2 concerning Phase 1 of Water Plant Improvements.
l. Approve out-of-state travel for Jim Watkins to attend MIOX training in Albuquerque, New Mexico May 14-15, 2001.
m. Accept verbal resignation of Commissioner Tom Claybrook from Community Contracts Review Committee.
n. Recommendations from Traffic and Transportation Commission of the April 24, 2001 meeting:
1) Consider request from Ms. Tina McClain, 1308 E. Whitaker for “Slow – Children at Play” sign in the 1300 block of East Whittaker.
Recommendation: To deny request.
2) Consider request from Ms. Connie Gibson, 431 S. Harrison for “Slow – Children at Play” sign on Harrison Street, south of Oakland Street.
Recommendation: To deny request.
3) Consider request from Ms. Tish Taylor, 217 S. Oak, for “Slow – Children at Play” sign in the 200 block of South Oak.
Recommendation: To deny request.
4) Consider request from Mr. Gene Norton, 1536 N. Oklahoma for a street light on Oklahoma Street between Independence Street and Elizabeth Street.
Recommendation: To approve request.
5) Consider request from Nicky Thompson, 9½ W. St. Louis Street for “Slow – Children at Play” signs for St. Louis Street.
Recommendation: To deny request.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to approve Consent Agenda Item No. 4 (a-n) as presented. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 5: Mayor’s Proclamation and Presentation.
Mayor Harden issued the following proclamations:
“National Public Works Week”
May 20-26, 2001
(accepted by James Cole, Public Works Director)
“Community Action Month in the City of Shawnee”
May, 2001
(accepted by Karen Vines, Planner for Central Oklahoma Community Action Agency)
Mayor Harden noted the following proclamation was an add-on:
“Oklahoma Home & Education Week”
May 7, 2001
(accepted by Colleen Guhl)
Next, plaques were presented to the volunteers who participated in the construction of the KidSpace Park by offering donations in many forms such as monetary, materials, supplies, tools, food, and many manpower hours of building the park.
On behalf of the Shawnee Planning Commission, Ms. Pat Bateman issued plaques to Pam Robertson, Kent Bryant, and Terri Gilbert, in special recognition for their community achievement by initiating the idea of constructing the KidSpace Park.
Continuing, Mayor Harden with the assistance of Commissioner Roach, presented plaques to the following donors and volunteers:
C L Craig Foundation Batchelor Foundation L J & L L Bump
Canadian Valley Foundation Tom Claybrook Doyle Roller, Jr.
Jack Moore Jim Clarkson Jay Scott Brown
Denise Sims Tina Hanna Jerry Mankin
Rhonda Belcher Kent Cooper Todd Trice
Pam Robertson James Harrod Jaime Bryce
Tekon McCune Paul Buckmaster Kathy Kilpatrick
Chapman Charitable Trust City of Shawnee Sarkeys Foundation
Jay Nowlin Teresa Askin Lynette Mackey
Linda Peterson Kevin Hanna Shannon Cooper
Tad & Jill Mabry David Rowland Kent Bryant
Tonya Ricks Terry Gilbert Demita Winegardner
Dr. Brad Roach Joe Inda Linda Depew
Tom Terry Kaye Steele Anne Blair
Drew Kellar
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 1102 E. Independence from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District for use as air conditioning and heating business. (Applicant: Gary Hobbs)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1102 East Independence for use as an air conditioning and heating business.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests 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. 2003NS was introduced and the title read aloud.
Ordinance No. 2003NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: A tract of land described as beginning at a point 864.5 feet East of the Southwest Corner of Section 8, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, thence North 160 feet, thence East 100.94 feet thence South 160 feet, thence West 99 feet to the point of beginning; rezoning said property from C-1, Neighborhood Commercial District to C-3, Automotive and Commercial Recreation District; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2003NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 647 N. Kickapoo from C-2; Suburban Office Commercial District to C-3; Automotive and Commercial Recreation District for use as veterinary hospital with in-door runs.
(Applicant: Brad Roach, DVM)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 647 North Kickapoo for use as a veterinary hospital with indoor runs.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal protests 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. 2004NS was introduced and the title read aloud.
Ordinance No. 2004NS 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: Lots 25-28, Block 1, Blaise Addition to the City of Shawnee, Pottawatomie County, Oklahoma, rezoning said property from zoning classification C-2, Suburban Office Commercial District to C-3, Automotive and Commercial Recreation District, and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Claybrook
NAY: None
ABSTAIN: Roach
Thereupon Mayor Harden declared Ordinance No. 2004NS duly passed and adopted.
AGENDA ITEM NO. 8: Update on the budget status and presentation of the on-line budgeting system used for operating budget requests.
City Treasurer/Finance Director Jim Wilsie gave an update on the budget and distributed the “Summary of the Capital Outlay Requests for Fiscal Year Ending June 30, 2002.”
He informed the Commission that Steve Nolan, the City’s Systems Administrator, had developed a program on the intranet as a tool for department heads to use for projecting budgets.
Mr. Nolan gave a presentation of the on-line budgeting system that entailed a general overview of the web-based application and its accessibility for staff to input budget operating requests for next year.
Following the presentation, Mr. Wilsie advised that he anticipated to set the preliminary budget hearing for the first meeting in June and present the final budget at the second meeting in June.
He advised that it was the Commission’s discretion to conduct a budget work session before or in between the two meetings.
AGENDA ITEM NO. 9: Consider authorizing staff to enter into an agreement with Tri-County Rural Water District #2 to purchase water from the City of Shawnee at two locations.
Appearing before the Commission was Mr. Roy Rider, representative of the Tri-County Rural Water District No. 2, (TRICO) of Pottawatomie County which is based in Earlsboro, requesting to purchase treated water from the City of Shawnee.
He told the Commission that TRICO was seeking an alternate water source that would supply a major customer, the Absentee Shawnee Tribe, with water for a complex that the tribe has plan to build at Interstate 40 and State Highway 9A.
The two locations Mr. Rider asked to tie-in its 12-inch water line from a Seminole water source into a Shawnee water line was in the vicinity of Bryan and MacArthur Street and extend a line six miles to the east and a tap at Hardesty Road east of Gordon Cooper Drive for backup supply.
Mr. Rider estimated that the usage would be about 28,000 gallons of water per day at peak times after the complex opens in early summer of 2002.
In discussion, City Manager Terry Powell informed the Commission that he and staff were confident that the city has the capacity to provide water now and in the near future when Phase 1 of the Water Treatment Plant project would be in operation supplying an additional 4.5 MGD capacity.
It was noted by Commissioner Roach to include in the agreement the requirements about reciprocal rationing.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to authorize staff to negotiate an agreement to sell water to Tri-County Rural Water District No. 2 for the Commission’s consideration at a future meeting. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider authorizing city attorney to proceed with contacting property owners for future cemetery development and KidSpace expansion.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to authorize the city attorney to proceed with negotiations to purchase property from owners for the future cemetery development and KidSpace expansion and report to the Commission the results. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 11: Consider authorizing staff to proceed with programming improvements on Wayne Street (between Harrison and Shawnee St.) for improved access to KidSpace.
Public Works Director James Cole advised the Commission that the Wayne Street improvement project, if approved, would not start this year since the engineering and survey would first need to be conducted.
A motion was made by Commissioner Harrod, seconded Commissioner Roach, to authorize staff to proceed with programming improvements on Wayne Street (between Harrison and Shawnee Street) for improved access to KidSpace Park and other areas to the east.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 12: Consider accepting recommendation from Shawnee Civic and Cultural Development Authority to proceed with plans for conference center and exhibit hall to be built in multiple phases.
Ms. Jean McDonald, representative of the Shawnee Civic and Cultural Development Authority, spoke before the Commission regarding the Authority’s recommendation to proceed with plans for a conference center and exhibit hall.
She advised that the Authority had formed a Goals 2001 committee to evaluate its comprehensive long-range plan and the committee had recommended that a multi-purpose building was needed to accommodate various events held at the Heart of Oklahoma Exposition Center.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to accept the recommendation from Shawnee Civic and Cultural Development Authority to proceed with plans for a conference center and exhibit hall to be built in multiple phases and to retain the Price Group as the architectural firm with a total projected cost of $2,400,900.00, which includes architectural and engineering fees of six percent (6%). Motion carried.
AYE: Pettyjohn, Roach, Downing, Harrod, Harden, Weaver
NAY: Claybrook
AGENDA ITEM NO. 13: Consider agreement between City of Shawnee and Jeff Rodgers for payment of continued health services.
Acting Personnel Director James Roberts distributed an agreement that had been prepared for the continued health services to former Police Officer Jeffrey Rodgers under the city’s workers’ compensation plan.
He informed the Commission that Mr. Rodgers had reviewed the agreement this date and it had met his approval.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve the agreement between the City of Shawnee and Jeffrey Rodgers for payment of $2,500.00 per month for continued health services for injuries he sustained while in-the-line of duty in 1999. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
CITY COMMISSION RECESSED AT 9:05 P.M.
CITY COMMISSION RECONVENED AT 9:16 P.M.
AGENDA ITEM NO. 14: Consider Bids.
Solid Waste Collection and Disposal Services (award)
Public Works Director James Cole gave comparisons between the two solid waste companies of Browning Ferris Inc. (BFI) of Shawnee and Total Waste Services of Norman.
He noted that Waste Connections of Oklahoma City had submitted a proposal, but it was considerably higher and was not being considered.
In his comparisons, Mr. Cole indicated that BFI had provided excellent service to the community for more than ten years, it had been involved with community activities, it provides approximately 30 jobs, and it has recently made management changes.
Mr. Cole reported his findings about Total Waste Management (TWS) informing that it was an independent company that entered the solid waste collection and disposal business about six years ago which currently serve over seventy (70) municipalities in Oklahoma.
He also advised that TWS appeared to be financially sound and able to deliver on its proposal.
Mr. Cole went on to state that if service remains at the current level, the decision of continuing with BFI would cost the city about $600,000.00 over the five-year contract.
As shown in the tabulation, TWS was the low bidder in the amount of $810,168.00 a year to provide basic twice-a-week residential pickup compared to BFI’s $929,585.00.
After reviewing all the services that would be provided by both companies, Mr. Cole stated that staff found no compelling reason not to accept the proposal from TWS for solid waste collection and disposal.
Before discussion, the Commission heard from the two company representatives.
First to appear was Mr. John Todd representing Total Waste Services, who spoke to the Commission and assured them that his company had a 100 percent retention rate of its customers and he guaranteed TWS could deliver on its services.
Next, Mr. Brent Bowles, representing BFI, also addressed the Commission noting they have served the city for the past twenty years and provided excellent service to this community.
A discussion ensued over whether to continue using BFI or contract with Total Waste Services (TWS) for the city’s garbage collection.
Upon further discussion, a couple of the commissioners spoke in opposition of renewing the contract with BFI stating they felt the savings could be used to pay for anticipated federal mandates in drainage regulations or expanding services.
Some of the other commissioners commented that if the savings were not passed on to the customers then they would not consider changing.
Several commissioners commented they had been contacted by the citizens and many were satisfied with BFI.
Out of the discussions evolved the first motion as follows:
A motion was made by Commissioner Roach, seconded by Commissioner Pettyjohn, to approve awarding the contract to Total Waste Services, Norman, Oklahoma, for the basic solid waste collection and disposal services at a unit price of $7.13, for an annual price of $810,168.00; and form a committee to study future needs and expansion of TWS services. Motion failed.
AYE: Roach, Pettyjohn, Claybrook
NAY: Harrod, Harden, Weaver, Downing
Upon further discussion, the second motion was made.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve awarding the solid waste collection and disposal services contract to Browning Ferris, Inc., Shawnee, Oklahoma, at the unit price of $8.18, for an annual price of $929,585.00. Motion carried.
AYE: Weaver, Harrod, Harden, Downing, Claybrook
NAY: Roach, Pettyjohn
b. Independence Street Paving Project (defer opening to 5/21/01)
City Engineer John Krywicki advised the Commission that an addendum had recently been sent to the bidders and he recommended that the Commission defer opening the bids to the May 21st meeting to allow the bidders time to respond.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to accept City Engineer John Krywicki’s recommendation to defer opening the Independence Street Paving Project bids to the May 21, 2001 meeting. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Roach
NAY: None
Bids for the following were opened, read aloud, and found to be as follows:
c. Broadway Street Paving Project (open)
BIDDER AMOUNT
APAC-Oklahoma, Inc. $496,060.00
Shawnee, OK
Vantage Paving, Inc. $511,320.00
Oklahoma City, OK
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept City Engineer John Krywicki’s recommendation to defer the bids on the Broadway Street paving project to staff for review and report at the next meeting. Motion carried.
AYE: Harrod, Weaver, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
d. Main Street Paving Project (open)
BIDDER AMOUNT
APAC-Oklahoma $447,870.00
Shawnee, OK
Vantage Paving, Inc. $453,785.00
Oklahoma City, OK
Markwell Paving Co. $345,615.00
Oklahoma City, OK
A motion was made by Commissioner Harrod, seconded by Commissioner Roach, to accept City Engineer John Krywicki’s recommendation to defer the bids on the Broadway Street paving project to staff for review and report at the next meeting. Motion carried.
AYE: Harrod, Roach, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
e. Heat and Air Conditioning Replacement Equipment at Shawnee Municipal Airport Terminal (open)
BIDDER AMOUNT
Kizzia Heating & Air Conditioning $14,500.00
Shawnee, OK
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to accept Assistant Airport Manager Lori Bowlan’s recommendation to award the heat and air conditioning replacement equipment bid at Shawnee Municipal Airport Terminal to Kizzia Heating and Air Conditioning, Shawnee, Oklahoma, in the amount of $14,500.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Weaver, Roach, Downing, Claybrook, Pettyjohn, Harden
NAY: None
f. Rehabilitation of the Golden Acres Sanitary Sewer Lift Station (open)
BIDDER AMOUNT
Central Contracting Services, LLC $53,616.00
Oklahoma City, OK
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to accept James Cole’s recommendation to award the bid for rehabilitation of the Golden Acres Sanitary Sewer Lift Station to Central Contracting Services, LLC, Oklahoma City, Oklahoma, in the amount of $53,616.00 as the lowest and best bid. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Roach, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 15: 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 reported.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 17: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 18: Consider an Executive Session to discuss the employment of the city manager pursuant to 25 O.S. 307(B)(1).
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Commission go into Executive Session for the purpose of discussing the employment of the City Manager pursuant to 25 O.S. 307(B)(1). Motion carried.
AYE: Downing, Weaver, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
CITY COMMISSION IN EXECUTIVE SESSION AT 10:22 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 11:33 P.M. WITH ALL COMMISSIONERS PRESENT EXCEPT COMMISSIONER PETTYJOHN.
AGENDA ITEM NO. 19: Consider action concerning matters discussed in Executive Session regarding the employment of the city manager.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve a $5,000.00 pay increase for City Manager Terry Powell. Motion carried.
AYE: Downing, Weaver, Roach, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 20: Commissioners’ Comments.
Newly seated Commissioner Weaver thanked the Commission for giving him the opportunity to serve and work with them.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Commissioner Roach, that
the meeting be adjourned. Motion carried. (11:35 p.m.)
AYE: Harrod, Roach, Downing, Claybrook, Harden, Weaver
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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