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 3, 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 Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Kermit Milburn 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 the opening and consideration of bids as set forth in Agenda Item No. 12.
b. Minutes of November 19, 2001 meeting
c. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes of October 18, 2001 meeting
* Shawnee Urban Renewal Authority minutes of November 6, 2001 meeting
* Shawnee Beautification Committee minutes of October 1, 2001 meeting
d. Approve out-of-state travel for James Cole to attend workshop on Storm Water Phase II implementation in Austin, Texas on February 13, 2002.
e. Acknowledge receipt of permit SX00063011022 from Oklahoma Department of Environmental Quality for Pottawatomie County Sewer Line Extension Project Fire Brigade Manufacturing Plant.
f. Acknowledge regular meeting schedule for calendar year 2002 for City Commission and related authorities.
g. Authorize staff to advertise for bids for root control treatment for sewer mains.
h. Approve Change Order No. 4 for Water Treatment Plant Improvements, Phase I.
i. Acknowledge letter from F.B.I. Director, Robert S. Mueller, III to Hank Land expressing appreciation to Hazel Bond for her assistance and input regarding the Quality Assurance Review participation.
j. Accept utility easement from Thomas and Phyllis Flora and E.H. Stewart and Wanda Stewart on Manchester Drive.
k. Approve employee retirement for the following:
1) Robert Stephens, retirement date 12/15/01, with lump sum withdrawal of employee and city portion.
2) Don Rhodes, retirement date 12/28/01, with employee contribution withdrawal and monthly retirement.
3) Kurt Shirey, retirement date 12/31/01, with Plan B Police Pension Retirement.
4) Christy Gunter, retirement date 12/28/01, with lump sum withdrawal of employee and city portion.
5) Cayte Maloy, termination of employment on 11/30/01, with employee contribution retirement portion only.
l. Recommendations of the Traffic and Transportation Commission from the November 27, 2001 meeting:
1) Consider request from Mr. Gaines Neal of Neals Home Furnishings, 23 East Main, to eliminate two parking spaces behind 23 East Main to improve safety in backing and unloading trucks near alley.
Recommendation: To approve request.
2) Consider request from Ms. Kate McDonald, 731 N. Beard, to change “No Parking” signs in the 100 block of East Dewey from the north side to the south side.
Recommendation: To approve request.
3) Consider request from Ms. Erica Cooksey, 2827 N. Union, for a “Slow – Children at Play” sign to be placed in the 2800 block of North Union.
Recommendation: To deny request.
4) Consider request from Ms. Amy Seckel, 406 S. Market, to place “No Parking 8:00 a.m. to 4:00 p.m. Loading and Unloading Only” signs on Market Street from Emmett to the end of Wilson School property on the east side of street.
Recommendation: To approve request.
5) Public Works staff requests to discuss policy for stop signs and no parking requests.
Recommendation: A form model will be presented by staff for consideration at the next scheduled meeting of the Traffic and Transportation Commission.
m. Mayor’s Appointments
Sister Cities Council for 2002 – one year terms
CHAIR Sue Winterringer
VICE CHAIR Billye Sue Hatch
SECRETARY Diana Hallock
TREASURER Bertha Ann Young
IMMEDIATE PAST CHAIR David Walk
FUNDRAISING COMMITTEE CHAIR Ann Davis
SUB-COMMITTEE International Dinner Ann Davis
HOST PROGRAMS COMMITTEE CHAIR Esther Bell
DELEGATION COMMITTEE CHAIR Mary Chancellor
EDUCATION/PROMOTION COMMITTEE CHAIR Bill Crossley
EDUCATION COMMITTEE ADVISOR James Taffee
PUBLICITY COMMITTEE CHAIR Crystal Walk
COMMUNITY ACTIVITIES COMMITTEE CHAIR Karen Wright
SUB-COMMITTEE Kite Festival Cheryl Cowden
SUB-COMMITTEE Garden Chair Don Wright
SUB-COMMITTEE Socials Meg Vorndran
SUB-COMMITTEE State Meeting Ann Davis
A motion was made Vice Mayor Downing, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 1 (a-m), as presented. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentation.
Mayor Harden issued the following proclamation:
“Family Caregivers Month”
December, 2001
(accepted by John Shea, Central Oklahoma Community Action Agency)
Next, Mayor Harden presented a plaque to Don and Karen Wright for exemplary service to the City of Shawnee and Shawnee Sister Cities Council as Master Gardeners and builders of the new rest station at the Garden of Peace located on the southeast section of the Municipal Airport property.
AGENDA ITEM NO. 3: Presentation from Tony Blatt of Hornbeek Larsson Architects to recommend regional park site and authorize the City Attorney to enter into negotiations to purchase land.
Mr. Tony Blatt of Hornbeek Larsson Architects, Edmond, Oklahoma, consulting firm to the City, made a presentation on the Shawnee Regional Park site selection and presented the firm’s recommendation.
A written report was issued to each Commissioner to review the four sites for consideration for a regional park and Mr. Blatt also had a slide presentation.
The overview of his report included the survey and results; space list and programming (outdoor and indoor sports fields; recreation; concession and storage, and parking); site qualities and characteristics; existing conditions of the sites; and a master plan.
Mr. Blatt recommended a tract of land he referred to as the “Old Farm site,” located off Westech Road, northwest of North Kickapoo Street and Interstate 40, as the best site for the proposed regional park/sports fields complex.
The firm’s seconded choice was St. Gregory University property north and west of 45th Street and Acme Road.
The other two sites were the north Airport site, property of the City, and Kickapoo site north of Interstate 40 owned by the School Land Commission.
In summary, of his report, Mr. Blatt advised that upon review of the four sites the following conclusions had been formulated:
1) Eliminate the North Airport site based on issues of proximity, adjacent land use and topography;
2) Eliminate the Kickapoo/I-40 site due to the inability to acquire the property stating the going rate as $2,000 per acre to lease;
3) The St. Gregory and Old Farm sites rate equally with the exception of remote vs. prime location.
Therefore, it was recommended to pursue acquisition of the Old Farm site and if unable to acquire at a reasonable rate, then pursue buying the St. Gregory University site.
Based on the Commission’s discussion, it was apparent that the Commission was not ready to endorse the recommendation at this time.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to defer this item to the January 7, 2002 meeting to allow time for a committee to study and return with a recommendation. Motion carried.
AYE: Pettyjohn, Weaver, Milburn, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 4: Consider contract with insurance consultant for review and recommendation regarding city’s health insurance proposals.
Mr. James Roberts, Director of Public Safety and Administration, presented a couple of names for a third party administrator to review and recommend the city’s health insurance proposals.
He named Mr. Roger Hicks, a third party administrator, as one recommended consultant.
Commissioner Milburn asked if had been in contact with any of the persons he had submitted for consideration. Mr. Roberts stated that he had not been contacted.
Upon consideration, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to authorize Mr. Roberts to contract with an insurance consultant, a third party administration, for reviewing the City’s health insurance proposals. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
AGENDA ITEM NO. 5: Presentation of health insurance plans by insurance agents. (Information only)
Appearing before the Commission was Mr. Benny Gatewood of Equitable Plan Services of Oklahoma City, a Third Party Administrator, to explain about self-insurance and its benefits.
Since this was for informational purposes, not action was taken.
AGENDA ITEM NO. 6: Consider award of bids for a bank note of $5,350,000 to provide financing for various capital projects.
The Commission received a recommendation from Mr. John Waldo of Oppenheim & Company, the City’s financial advisor, to accept the low bid for a bank note to provide financing for various capital improvements from Bank of America of Oklahoma City, for a fixed rate of 4.25 percent.
First, Mr. Waldo reviewed his recommendations to seek bids for a fixed rate note over a 10-year term. He advised that three bids were submitted.
Also, City Treasurer/Finance Director Jim Wilsie reiterated that the note would be paid from 15% of the third penny sales tax to be spent within three years from the date of closing to meet the Internal Revenue Service regulations.
He further noted that if the Commission approved the recommendation, then at the next meeting the official documents would be presented to finalize the transaction.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to accept the recommendation to award the bid for the bank note of $5,350,000 to Bank of America, Oklahoma City, Oklahoma at the interest rate of 4.25% to provide financing for various capital improvement projects. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Milburn
NAY: None
AGENDA ITEM NO. 7: Consider Jail Services Agreement between City and Board of County Commissioners. (Deferred from 11/19/01).
In consideration of the jail services agreement between the City and County regarding housing of county prisoners in the city jail, the Commission discussed at length the cost to charge the County per prisoner per day.
Police Chief Hank Land reported that he had inserted the $2.00 amount in the agreement as a starting point for discussions and he relayed that he did not expect to make any profits since it was his understanding that the County could not afford it.
The discussions on upping the costs varied from $5 to $20 per prisoner per day. Involved were concerns about the city’s liability and expenses that would be incurred.
After input from the Commission, a motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve the agreement with the Pottawatomie County to house the County prisoners for $7.00 per prisoner per day.
Before casting the votes, Mr. Kurt Shirey, recently appointed Sheriff to succeed retiring Sheriff Weldon Cantrell in January, spoke briefly to affirm that the County could not afford the $7 to $10 costs.
After final discussions, the motion on the floor was amended.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve the agreement with the Board of Pottawatomie County Commissioners to house the county prisoners for the period of January 1, 2002 through June 30, 2002 for a fee of $5.00 per prisoner per day. Motion carried.
AYE: Weaver, Harrod, Harden, Milburn, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance to change no parking designation in the 100 block of East Dewey from the north side to the south side; and to designate no parking from 8:00 a.m. to 4:00 p.m., Loading and Unloading Only, on the east side of Market Street from Emmett Street to the end of Wilson School property.
The proposed ordinance was a follow up to the Traffic and Transportation Commission’s recommendations approved by the Commission under the consent agenda earlier in the meeting.
Ordinance No. 2030NS was introduced and the title read aloud.
Ordinance No. 2030NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: Milburn
Thereupon Mayor Harden declared Ordinance No. 2030NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider an ordinance calling for the holding of general and general run-off elections for the offices of commissioners of wards one, five and six.
Ordinance No. 2032NS was introduced and the title read aloud.
Ordinance No. 2032NS 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 offices of City Commissioner of the First Ward, City Commissioner of the Fifth Ward and City Commissioner of the Sixth 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 Milburn, seconded by Commissioner Pettyjohn, that the Title and Sections 1-5 be approved. Motion carried.
AYE: Milburn, Pettyjohn, Harrod, Harden, Weaver, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 6, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2032NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider an ordinance calling for the holding of a special general and general run-off election for the office of commissioner of ward four for the purpose of completing the term.
Ordinance No. 2031NS was introduced and the title read aloud.
Ordinance No. 2031NS entitled “An ordinance calling and providing for the holding of a special nonpartisan general and general runoff election in the City of Shawnee, Oklahoma, for the purpose of nominating and electing candidates for the unexpired term of the office of City Commissioner of the Fourth Ward; establishing a filing period and qualifications for such office; designating the manner of electing the City office named herein; providing for said election to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the Title and Sections 1-5 be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that Section 6, the emergency clause, be approved. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver, Milburn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2031NS duly passed and adopted.
AGENDA ITEM NO. 11: Consider drafting an ordinance to allow carports inside 25 foot front yard set-back in residential districts. (Requested by Commissioner Harrod)
Community Development Director Mike Southard addressed the concerns of Commissioner Harrod who had requested staff to check into options regarding carports.
The request was based on the issue of a carport that was constructed and was in violation of the Code and it was brought to the Commissioner’s attention. He voiced his concerns about the stringent regulations and asked if options could be explored, especially making it affordable; yet aesthetically appealing.
Mr. Southard reported that under the current Code carports are identified as structures and permits must be obtained and approved by the City.
He showed slides of carports constructed in various types and sizes with some meeting regulations and some in violation.
Mr. Southard emphasized his concerns about the lack of control the City has and how carports are being constructed with a minimum amount of costs involved.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, for staff to pursue drafting an ordinance to add language that will control construction of carports and include options accommodating various situations. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Milburn, Downing
NAY: Claybrook
AGENDA ITEM NO. 12: Consider Bids.
a. Third Party Administration (deferred from 11-19-01)
Upon a recommendation from the Director of Public Safety and Administration James Roberts, a motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the Third Party Administration proposals be deferred to the January 7, 2002 meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
The following bids were opened and read into record by staff.
b. One 60” Cut Riding Mower (open)
Less Net
Bidder Amount Trade-In Amount
Sooner Distributors, Inc. $9,039.00 $2,420.00 $6,619.00
Oklahoma City, OK
Central Power Equipment 7,699.00 500.00 7,199.00
Oklahoma City, OK
Luber Brothers, Inc. 6,943.00 500.00 6,443.00
Bethany, OK
Lesco, Inc. 5,995.00 -0- 5,995.00
Strongville, OH
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept staff’s recommendation to refer the bids on the 60” Cut Riding Mower to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
c. Airport Security Gate Project (open)
Assistant Airport Manager Lori Bowlan reported that there were no bids received for the Airport Security Gate Project.
Upon discussion regarding several items that are in need of replacement or repairs, a motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to defer the matter on the security gate project to the next meeting. Motion carried.
AYE: Downing, Milburn, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
d. Airport T-Hangar Gutter Installation Project (open)
Bidder Amount
All-Around Seamless Guttering $11,900.00
Oklahoma City, OK
Apollo Building Systems, Inc. $12,811.00
Moore, OK
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept the staff’s recommendation and award the bid on the Airport T-hangar gutter installation project to All-Around Seamless Guttering, Oklahoma City, Oklahoma, in the amount of $11,900.00 as the lowest and best bid. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 13: 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. 14: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 15: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 16: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn expressed appreciation to the Public Works Department for doing a good job during the recent ice and snow.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (10:04 p.m.)
AYE: Pettyjohn, Harrod, Harden, Weaver, Milburn, Downing, Claybrook
NAY: None
______________________
MAYOR
(SEAL)
ATTEST:
________________________
CITY CLERK
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