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 20, 2002 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
Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Reverend Jimmy Don Gibson
Calvary Baptist 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. 16.
b. Minutes of May 6, 2002 meeting
c. Budget Amendment in Water Improvement District Fund and HOME Grant Fund
d. Transfer of Appropriations in CDBG Entitlement Fund.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through May, 2002
* Utility Division Report for the month of April, 2002
* Building Inspector Report for the month of April, 2002
* City Clerk report for the month of April, 2002
* Shawnee Community Center report for the month of April, 2002
* Shawnee Urban Renewal Authority minutes from the April 16, 2002 meeting
* Shawnee Beautification Committee minutes from the April 1, 2002 meeting
* Planning Commission minutes from the May 15, 2002 meeting
* Shawnee Regional Airport Authority minutes from the April 10, 2002 meeting and memorandum regarding January 30, 31 and February 4, 2002 meetings.
* Sister Cities Council minutes from the April 9, 2002 meeting
f. Lakesite Leases
Transfer:
Lot 4, South School Tract
TO: Barry & Marie Carter FROM: Rodney Gravel
P.O. Box 6030 3516 Brown Road
Moore, OK 73153 Shawnee, OK 74801
Renewal:
Lot 11, Hart Tract
Ronnie Campbell
202 S. Center
Shawnee, OK 74801
g. Acknowledge letter from Todd Tate expressing appreciation to Police Officer Cash for his assistance in delivering a lost bag to the Tate residence.
h. Approve renewal of lease agreement between City and Oklahoma Beagle Club, Inc.
i. Approve Oklahoma Alcoholic Beverage Laws Enforcement Commission Application for mixed beverage license for Steve D. Thomas d/b/a Hot Rod’s Sports Bar & Grill located at 3900 N. Harrison.
j. Authorize staff to advertise for bids for portable trailer with radar.
k. Authorize staff to advertise for bids for the following street paving projects: Ford Street (Kickapoo to Chapman), Franklin Street (Market to Broadway), Rosa Streeet (Market to Broadway) and Remington Street (Pesotum to Cleveland).
l. Approve letter from Mayor Harden to Wayne Manley expressing support for the Head Start and Early Head Start grant applications to be submitted to the U.S. Department of Health and Human Services, Administration for Children and Families by the Central Oklahoma Economic Development District.
m. Approve request for out-of-state travel for Herk Henderson and Jim Wilson of Traffic Control Division to attend a Work Zone certification and Signs and Markings training to be held in Little Rock, Arkansas June 4 – 7, 2002.
n. Mayor’s Appointments:
Shawnee Public Library Board
Reappoint Patti Hillhouse to a three-year term to expire June 30, 2005
Reappoint Dr. John C. Stobbe to a three-year term to expire June 30, 2005
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that the Consent Agenda Item No. 1 (a-n), be approved as presented. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Teresa Story, Water Department, as the May employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Consider a resolution in support of extending the County’s one-cent sales tax.
Resolution No. 6141 was introduced and the title read aloud.
Resolution No. 6141 entitled “A resolution of support from the City of Shawnee, Oklahoma, for the extension of the one-cent sales tax for Pottawatomie County, Oklahoma and requesting the citizens of the City of Shawnee to support said extension at the June 11, 2002 election.”
Commissioner Pettyjohn questioned the reason for this Resolution and stated he could not vote to approve the Resolution if in fact, he would be supporting the “jail issue” at this time.
A motion was made by Commissioner Harrod, seconded by Vice
Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Peterson
NAY: Pettyjohn
AGENDA ITEM NO. 4: Consider appeal of Matt Hudspeth, attorney for Ameriquest, regarding the decision of the Administrative Hearing Officer to condemn properties located at 521 and 523 N. Chapman.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to approve the Administrative Hearing Officer’s recommendation to condemn properties located at 521 and 523 North Chapman. Motion carried.
AYE: Claybrook, Weaver, Peterson, Downing, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 5: Consider airport recommendation to allow Specialty Aviation an extension until May 31, 2002 to obtain product liability insurance and to execute a lease.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve the recommendation of Assistant Airport Manager Lori Roach to allow Specialty Aviation an extension until May 30, 2002 in an effort to provide proof of insurance and execute a lease. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 6: Consider an ordinance amending the airport rules and regulations regarding the lease rates for commercial hangars on airport property and changing the name of the airport to Shawnee Regional Airport.
Ordinance No. 2055NS was introduced and the title read aloud.
Ordinance No. 2055NS entitled “An ordinance amending Chapter 6 of the Code of the City of Shawnee, Oklahoma, by amending the entire document to reflect the change in name of the airport from Shawnee Municipal Airport to Shawnee Regional Airport and Article III, Sections 6-22 C, pertaining to commercial aviation airport property lease rate calculation and declaring an emergency, be it ordained by the City Commission of the City of Shawnee, Oklahoma.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Sections 1 and 2, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2055NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider approving five-year lease to Bob O’Connor (Antosh Hangar) and a six-month lease to Oklahoma Jetworks (Bodard Hangar).
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the five-year lease to Bob O’Connor (Antosh Hangar) and a six-month lease to Oklahoma Jetworks (Bodard Hangar). Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
AGENDA ITEM NO. 8: Consider Airport Advisory Board recommendation to deny a request from Continental Barber for $900.00 roof repair work.
Assistant Airport Manager Lori Roach provided information and a power-point presentation concerning the existing problems associated with this property.
Mr. Carl Elzey appeared before the Commission to request additional time to try and make the repairs to the building.
Ms. Roach stated that the roof was in immediate need of repair and the electrical wiring was not in compliance with City Code.
At this time, because of the condition of the building, Mr. Elzey could not insure the building and has general liability insurance only.
Ms. Roach also stated that the Airport Advisory Board did not recommend making the needed repairs.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to deny roof repairs and to allow additional time of 45 days to work out a solution.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider an ordinance allowing receipt of mailing from postal service as proof of certified mailing or notice to property owner to abate trash, tall grass and/or weeds.
Ordinance No. 2056NS was introduced and the title read aloud.
Ordinance No. 2056NS entitled “An ordinance relating to the procedure for notice contacting property owners relating to the cleaning and mowing of property by the City; amending subsection (a)(1), of Section 7-330, of Article XI of Chapter 7 of the Code of the City of Shawnee, Oklahoma; allowing City to obtain receipt of mailing from the postal service as proof of notice by certified mail to the property owner; providing for severability and declaring an emergency.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2056NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider an ordinance allowing receipt of mailing from postal service as proof of certified mailing of notice to property owner of dilapidated building.
Ordinance No. 2057NS was introduced and the title read aloud.
Ordinance No. 2057NS entitled “An ordinance relating to the procedure for notice to the property owner for removal of dilapidated buildings; amending subsection (1), Section 7-321, of Article X of Chapter 7 of the Code of the City of Shawnee, Oklahoma; providing for the municipality to obtain a receipt of mailing from the postal service as proof of mailing notice to the owner; providing the option of posting notice on the property or by publication if the owner is unable to be located; providing for severability and declaring an emergency.”
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Weaver, Downing, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Weaver, Claybrook, Pettyjohn, Harrod, Harden, Peterson
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2057NS duly passed and adopted.
AGENDA ITEM NO. 11: Consider an ordinance removing requirement of safety inspection sticker from definition of abandoned vehicle.
Ordinance No. 2058NS was introduced and the title read aloud.
Ordinance No. 2058NS entitled “An ordinance relating to definitions concerning abandoned vehicles; amending subsection (a)(3) of Section 16-277, Article 11 of Chapter XI of the Code of the City of Shawnee, Oklahoma; removing the requirement of a current safety inspection sticker from the definition of an abandoned vehicle; providing for severability and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2058NS duly passed and adopted.
AGENDA ITEM NO. 12: Consider an ordinance designating the Community Development Director as the responsible person for nuisance abatement procedure.
Ordinance No. 2059NS was introduced and the title read aloud.
Ordinance No. 2059NS entitled “An ordinance relating to the designation of the Community Development Director as the person responsible for carrying out the duties of the governing body for nuisance abatement; providing for severability and declaring an emergency.”
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Pettyjohn, Claybrook, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2059NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider final acceptance of audit for fiscal year 2000-2001. (Deferred from 5-6-02 meeting)
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to accept the final audit for fiscal year 2000 - 2001.
AGENDA ITEM NO. 14: Consider approval of final plat for the Windmill Ridge East Section II addition located on Independence Street between Bryan Street and Brangus Road. (Applicant: Greg Brown Homes for Windmill Development LLC)
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the final plat for the Windmill Ridge East Section II addition located on Independence Street between Bryan Street and Brangus Road as submitted by Greg Brown Homes for Windmill Development LLC. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 15: Consider approval of the final plat for the Crestline Heights Addition II located at the southeast corner of Bryan and Highland streets. (Applicant: Tracy Barnett for Praise Assembly of God).
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve the final plat for the Crestline Heights Addition II located at the southeast corner of Bryan and Highland Streets as submitted by Tracy Barnett for Praise Assembly of God Church. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 16: Consider Bids.
a. Uniform Rental Service (award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Uniform Rental Service bid be awarded to RUS Uniform, Ada, Oklahoma, as the lowest and best bid. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None
b. Mobile Data Systems and Interfaces to Existing Products (award)
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the mobile data systems and interfaces bid be awarded to Global SW Corporation, Oklahoma City, Oklahoma, in the amount of $110,349.00 with a Federal grant of $82,500.00. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
c. Laboratory Services (open)
BIDDER AMOUNT
Accurate Environmental Laboratory $31,739.60
Stillwater, Oklahoma
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to defer the bids for the Laboratory Services to staff for review and recommendation at a future meeting. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
d. Aggregate Materials (open)
Bid Tabulation
Bid to Supply Aggregates
2002-2003 Fiscal Year
Dolese Brothers Martin Marietta Martin Marietta Quapaw Covington
Davis Quarry Mill Creek Davis Quarry Stillwater Trucking
(Granite) (Limestone)
1 1/2" Crusher Run #1 2.90 No Bid No Bid 6.50 3.40
1 1/2" Crusher Run #2 No Bid 4.55 2.70 6.00 3.40
2" Crusher Run 2.90 4.55 2.70 6.50 6.50
3/8" Limestone Chips 6.20 No Bid 6.10 10.00 5.70
5/8" Limestone Chips 5.85 No Bid 6.00 10.00 5.70
1 1/2" Coarse Stone 4.80 No Bid 4.80 8.50 5.25
2" Coarse Stone 5.50 No Bid No Bid 8.50 5.95
3/8" Screenings 3.90 4.00 3.35 5.25 4.10
5/8 Mill Run No Bid No Bid No Bid 7.50 5.20
1 1/2" Mill Run #10 4.60 No Bid No Bid 6.50 3.55
6" Rip Rap No Bid 4.50 No Bid 7.75 5.10
8" Rip Rap No Bid 8.50 No Bid No Bid 8.90
10" Rip Rap No Bid No Bid No Bid No Bid 8.90
12" Rip Rap 8.75 7.50 No Bid 7.75 8.90
18" Rip Rap 7.75 7.50 7.70 7.75 7.90
24" Rip Rap 7.75 7.50 7.70 No Bid 7.90
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to accept staff’s recommendation to defer the bid for aggregate materials to the next meeting. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
e. Asphalt Concrete Type A, B & C (open)
BIDDER APAC of Oklahoma, Inc. Shawnee Division
Shawnee, Oklahoma
Material Delivered to the job site Picked up at the plant Price Per Ton Price Per Ton
Type A 27.50 25.00
Type B 28.50 26.00
Type C 28.50 26.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to accept staff’s recommendation to defer the bid for asphaltic concrete Type A, B & C to the next meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
f. Aggregate Hauling & Unloading (open)
Doyle Roller Martin Murray Quapaw Joe Brown
Marietta Trucking Company
Hauling from Dolese Brothers
Davis, OK
To Public Works Yard 5.35 No Bid 8.50 No Bid 6.60
To Shawnee Twin Lakes 5.79 No Bid 8.50 No Bid 6.85
Hauling from Martin Marietta
Mill Creek, OK
To Public Works Yard 5.35 7.10 8.25 No Bid 7.21
To Shawnee Twin Lakes 5.79 7.70 8.25 No Bid 7.21
Hauling from Martin Marietta
Davis, OK
To Public Works Yard 5.35 7.05 8.50 No Bid 6.60
To Shawnee Twin Lakes 5.79 7.61 8.50 No Bid 6.85
Hauling from Quapaw
Stillwater, OK
To Public Works Yard 6.28 No Bid 8.50 7.50 6.28
To Shawnee Twin Lakes 6.50 No Bid 8.50 7.50 6.50
Hauling from Sand Dredging
Shawnee, OK
To Public Works Yard No Bid No Bid 3.00 No Bid 4.50
To Shawnee Twin Lakes No Bid No Bid 3.00 No Bid 4.50
Surcharge for rip-rap 1.00
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to accept staff’s recommendation to defer the bids for hauling and unloading aggregate materials to the next meeting. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
g. Rehab Asphalt Streets Project (open)
BIDDER AMOUNT
All Roads Construction $561,237.00
Yukon, Oklahoma
APAC, Inc. 534,679.00
Shawnee, Oklahoma
Vantage Paving Inc. 486,790.00
Oklahoma City, Oklahoma
Silver Star Construction 602,735.00
Moore, Oklahoma
Bailey’s Paving 505,570.00
Carney, Oklahoma
ENGINEER’S ESTIMATE: $550,000.00
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to accept staff’s recommendation to defer the bids for rehab asphalt streets project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
AGENDA ITEM NO. 17: 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. 18: Administrative Reports.
There was no Administrative Reports.
AGENDA ITEM NO. 19: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 20: Commissioners’ Comments.
Commissioner Claybrook questioned when pending matters concerning the Granada Country Estates/Tanglewood/Cedar Creek/Coronado Terrace Water Improvement District would be re-addressed by the City Commission. City Manager Terry Powell indicated that it was staff’s intention to bring the matter back before the Commission with a recommendation after staff had established a formal policy.
Commissioner Pettyjohn noted concerns with noise on Kickapoo and Louisa Streets particularly “boom boxes” and also parking in the businesses parking lots.
Police Chief Hank Land advised that two police officers would work the area on Friday and Saturday nights during summer season. Commissioner Pettyjohn indicated that he would like a progress report on the matter in one month.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. ( 9:00 p.m.)
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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