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 17, 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 Michael McCauley
Northwest Freewill 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. 11.
b. Minutes of June 3, 2002 meeting and June 6, 2002 special meeting
c. Budget Amendments in Capital Improvement Fund.
d. Transfers of Appropriations in Capital Improvement Fund, Shawnee Municipal Authority, General Fund, Gifts & Contribution Fund and Shawnee Airport Authority.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through June, 2002
* Utility Division Report for the month of May, 2002
* Building Inspector Report for the month of May, 2002
* City Clerk report for the month of May, 2002
* Shawnee Beautification Committee minutes from the May 5, 2002 meeting
* Citizen Advisory Committee minutes from the March 13, 2002 meeting
* Shawnee Youth Committee minutes from the April 19 and April 25, 2002 meetings
* Shawnee Urban Renewal Authority minutes from the May 21, 2002 meeting
* Planning Commission minutes from the May 15, 2002 meeting
* Sister Cities Council minutes from the May 14, 2002 meeting
f. Acknowledge letter of resignation from Bill McClure from the Zoning Board of Adjustment.
g. Acknowledge annual budget for Pioneer Library System for FY 2002-2003.
h. Authorize out-of-state travel for Robin Young to travel to Portland, Oregon for Urban & Regional Information Systems Associations’ Street Smart and Address Savvy Conference, August 10 – 14, 2002.
i. Authorize staff to proceed with master plan for Regional Park located at North Airport site.
j. Consider approval to submit application for funding to the Oklahoma Housing Finance Agency for the FY 2002 HOME Investment Partnership Program: Owner-Occupied Rehabilitation Program.
k. Recommendations and contracts from the Community Service Contracts Review Committee of June 4, 2002 meeting:
1) Request from Downtown Shawnee, Inc. for renewal of contract for fiscal year 2002-2003 in the amount of $42,500.00. (Same as last year)
Recommendation: To approve request in the amount of $42,500.00
2) Request from Pottawatomie County District Attorney’s Office for renewal of the Drug Task Force contract for fiscal year 2002-2003 in the amount of $25,000.00. ($5,000 increase from last year)
Recommendation: To approve renewal of the contract in the amount of $20,000.00. (Same as last year)
3) Consider request from Central Oklahoma Community Action Agency for renewal of contract for Municipal Auditorium and Shawnee Community Center for fiscal year 2002-2003 in the amount of $76,608.00. (Same as last year).
Recommendation: To renew contract at current yearly funding level for three months. At the end of three- month period, Contracts Review Committee will meet again to review and determine how to allocate funding for the remainder of the year. (COCAA shall also be required to provide a budget breakdown separating the Shawnee Community Center, the Municipal Auditorium and the Summer Youth Program.)
4) Request from Senior Citizens of Shawnee, Inc. for renewal of contract for fiscal year 2002-2003 in the amount of $54,365.00. ($6,365.00 increase from last year).
Recommendation: To approve renewal of the contract in the amount of $48,000.00. (Same as last year).
5) Request from Central Oklahoma Transit System/COCAA for renewal of contract for fiscal year 2002-2003 in the amount of $59,950.00. (Same as last year).
Recommendation: To approve request in the amount of $59,950.00.
Before voting on the Consent Agenda, items h, i, k (2) and (3) were pulled to be considered separately.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 a-k, less items h, i, k (2) and (3). Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Weaver, Peterson
NAY: None
After discussion and staff reports given, the following motions were made.
1h) A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to deny the request for out-of-state travel for Robin Young to travel to Portland, Oregon for the Urban and Regional Systems Associations’ Street Smart and Address Savvy conference from August 10-14, 2002. Motion carried.
AYE: Claybrook, Pettyjohn, Weaver, Peterson
NAY: Harrod, Harden, Downing
1i) A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to defer for approximately 60 days the master plan for the proposed Regional Park to allow time for more research. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
k2) A motion was made by Commissioner Weaver, seconded by Commissioner Claybrook, to approve renewal of contract with Pottawatomie County District Attorney’s Office for the Drug Task Force for fiscal year 2002-03 in the amount of $20,000.00. Motion carried.
AYE: Weaver, Claybrook, Pettyjohn, Harrod, Harden, Peterson, Downing
NAY: None
k3) A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the Contracts Review Committee’s recommendation to renew the contract with Central Oklahoma Community Action Agency at the current yearly funding level of $76,608 for three months; and after three months review and determine how to allocate funding for the remainder of the year. Motion carried.
AYE: Harrod, Weaver, Downing, Claybrook, Pettyjohn, Harden, Peterson
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Kathleen Hanes, Water Department Meter Reader, as the June employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance to rezone property located at 1945 N. Kickapoo from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for sale of beer and alcoholic beverages on premises. (Applicant: Ljazim Mustafi d/b/a Frateli’s)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1945 North Kickapoo for the sale of beer and alcoholic beverages.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared.
After due and careful consideration, Ordinance No. 2060NS was introduced and the title read aloud.
Ordinance No. 2060NS 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 Twenty-Five (25), Twenty-Six (26), Twenty-Seven (27), Twenty-Eight (28), Twenty-Nine (29), and Thirty (30), Block Seventeen (17), Vermillion Heights Addition to the City of Shawnee, Oklahoma, according to the recorded plat thereof; rezoning said property from C-3, Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2060NS duly passed and adopted.
AGENDA ITEM NO. 4: Approve Oklahoma Alcoholic Beverage Laws Enforcement Commission Application for mixed beverage license for Ljazim Mustafi d/b/a Frateli’s Restaurant located at 1945 N. Kickapoo.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the Oklahoma Alcoholic Beverage Laws Enforcement Commission application for a mixed beverage license for Ljazim Mustafi dba Frateli’s Restaurant located at 1945 North Kickapoo. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 5: Consider appeal of Johnny and Joey McMillen regarding decision of Administrative Hearing Officer to condemn property located at 411 N. Philadelphia.
Community Development Director Mike Southard gave the staff report regarding his decision to condemn property at 411 N. Philadelphia.
He gave a power-point presentation showing the condition of the dilapidated house and timetable allowed for owner to obtain a building permit to repair the structure.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to affirm the Administrative Hearing Officer’s decision to condemn property located at 411 North Philadelphia. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 6: Consider renewal of contract with Alliance Maintenance for custodial services for City Hall.
Emergency Management Director Don Lynch, who is also in charge of Building and Maintenance, informed the Commission that the 90-day trial period to contract with Alliance Maintenance for custodial services has proven that the company is doing a good job; and he recommended to renew the contract for one year.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to renew the contract with Alliance Maintenance, Oklahoma City, Oklahoma, for custodial services for City Hall and the Annex Building for the fiscal year 2002- 2003. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 7: Consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2002 through June 30, 2003 finding all things requisite and necessary have been done in preparation and presentation of budget.
The Commission next considered the City of Shawnee’s $38.2 million dollar budget for fiscal year July 1, 2002 through June 30, 2003.
Before considering the resolution, a question and answer session followed with City Manager Terry Powell and Finance Director/City Treasurer Jim Wilsie responding to questions about the budget.
The Commission covered areas that ranged from clarification of overall expenditures, personnel vacancies and overtime to capital improvement needs.
It was requested by Commissioner Claybrook that after three months into the fiscal year, that an updated financial report be given.
Continuing, Commissioner Claybrook informed that at the special called meeting on June 6th, he had planned to present a proposal at this meeting to set aside funds for widening of Kickapoo street.
He advised that since then, the city manager had contacted the Oklahoma Department of Transportation(ODOT) and they will do further checking about availability of funding.
City Manager Terry Powell informed the Commission that ODOT would reopen the city’s files from 1985 to determine if there is funding available for the Kickapoo widening project, which was part of other road projects at that time when ODOT depleted its funding.
It was noted that the city would wait on ODOT for a year and the city manager would report to the Commission as to the progress of this matter.
Resolution No. 6142 was introduced and the title read aloud.
Resolution No. 6142 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 2002 through June 30, 2003 finding all things requisite and necessary have been done in preparation and presentation of said budget.”
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, Pettyjohn, Harden, Weaver, Peterson
NAY: None
Thereupon Mayor Harden declared Resolution 6142 duly passed and adopted.
AGENDA ITEM NO. 8: Consider contract with International Association of Firefighters Local No. 1628.
City Manager Terry Powell informed the Commission that the Firefighters Association had agreed to the proposed contract and he was recommending its approval.
He pointed out the key changes to the agreement as follows:
*delete language applicable to a two-year contract since the agreement is for one year
*clarify work hours for the non 24-hour shift employees
*City to pay health insurance of $250 for single coverage and up to $450 for dependent coverage
*A five percent (5%) across-the-board wage increase
Mr. Powell noted that the Police Association had also agreed to the same amounts for health insurance coverage and wages.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve the contract with the International Association of Firefighters Local No. 1628 for fiscal year July 1, 2002 through June 30, 2003. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider cost-of-living allowance and city’s contribution toward health insurance benefits for all employees other than collective bargaining units.
City Manager Terry Powell presented a wage increase analysis for the City’s union and non-union employees starting from fiscal year 1989-90 to the present and a salaries comparison table was shown indicating that the average non-union wage was around $24,659.00.
It was the city manager’s recommendation that the non-union employees be given a four percent (4%) cost-of-living adjustment (COLA); and included with that adjustment the employees be considered for increases in health insurance coverage the same as the fire and police unions. The health insurance coverage for single coverage would be increased to $250 and family coverage increased to $450.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept the city manager’s recommendation to give a four percent (4%) cost-of-living adjustment to all employees other than collective bargaining employees and health insurance increases. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider Oklahoma Department of Transportation Right-of-Way, Public Utility and Encroachment Agreements for State Highway 18 (North Harrison) Paving Improvements, Project Numbers FAP No. STPY-163B (108) and FAP No. BRFY-163B (046).
City Engineer John Krywicki updated the Commission about the agreements with the Oklahoma Department of Transportation.
He informed that the projects consist of 5-laning North Harrison from Interstate 40 to about one-half mile north of Westech Road; and construction of a new 4-lane bridge over Rock Creek.
He noted that the estimated construction cost of these two projects would be approximately $3,500,000 to be paid by ODOT and the Bureau of Indian Affairs (BIA).
He advised that the City’s portion would be to relocate its existing waterline and sanitary sewer facilities that is in conflict with the construction. The City would contribute ten percent (10%) of the costs to relocate private utilities that are located in existing private easements.
Mr. Krywicki noted that the estimated costs for relocating utilities would be approximately $467,000.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve the Oklahoma Department of Transportation Right-of-Way, Public Utility and Encroachment agreements for State Highway 18 (North Harrison) Paving Improvements, Project Numbers FAP No. STPY-163B (108) and FAP No. BRFY-163B (046). Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 11: Consider Bids.
The following bids were opened and read into record as follows:
a. Ford Street Paving Project (Kickapoo to Chapman) (Open)
BIDDER AMOUNT
Conc. Paving Bid Asphalt Paving Bid
APAC, Inc. No Bid $217,105.00
Shawnee, Oklahoma
M. L. Young Construction, Inc. $166,494.00 $164,614.00
Edmond, Oklahoma
Kraft-Reynolds Inc. $170,753.75 $163,290.75
Oklahoma City, Oklahoma
T. J. Campbell Construction $176,045.00 No Bid
Oklahoma City, Oklahoma
CP3 Enterprises, Inc. $189,089.66 No Bid
Maud, Oklahoma
All Roads Paving, Inc. $143,597.00 $134,292.00
Oklahoma City, Oklahoma
Rudy Construction Company $168,872.00 $168,842.00
Oklahoma City, Oklahoma
ENGINEER’S ESTIMATE: $177,000.00 $168,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer the bids to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
b. Rosa and Franklin Street Paving Projects (Market to Broadway) (Open)
BIDDER AMOUNT
Conc. Paving Bid Asphalt Paving Bid
APAC, Inc. No Bid $539,016.25
Shawnee, Oklahoma
M. L. Young Construction, Inc. $459,205.00 $431,055.00
Edmond, Oklahoma
Kraft-Reynolds Inc. $478,388.25 $440,258.25
Oklahoma City, Oklahoma
T. J. Campbell Construction $455,870.50 No Bid
Oklahoma City, Oklahoma
CP3 Enterprises, Inc. $458,692.90 No Bid
Maud, Oklahoma
All Roads Paving, Inc. $385,612.78 $343,442.78
Oklahoma City, Oklahoma
Rudy Construction Company $433,642.50 $422,297.50
Oklahoma City, Oklahoma
Keystone Services Inc. $495,494.00 No Bid
Bixby, Oklahoma
ENGINEER’S ESTIMATE: $394,200.00 $378,000.00
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, to defer the bids to staff for review and recommendation at the next meeting. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
c. Remington Street Paving Project (Open)
BIDDER AMOUNT
Conc. Paving Bid Asphalt Paving Bid
APAC, Inc. No Bid $198,546.50
Shawnee, Oklahoma
M. L. Young Construction, Inc. $143,834.00 $145,794.00
Edmond, Oklahoma
Kraft-Reynolds Inc. $113,609.20 $112,519.20
Oklahoma City, Oklahoma
T. J. Campbell Construction $130,142.50 No Bid
Oklahoma City, Oklahoma
CP3 Enterprises, Inc. $131,755.23 No Bid
Maud, Oklahoma
All Roads Paving, Inc. $112,893.50 $104,708.10
Oklahoma City, Oklahoma
Rudy Construction Co. $119,048.00 $122,166.00
Oklahoma City, Oklahoma
ENGINEER’S ESTIMATE: $175,000.00 $159,500.00
A motion was made by Commissioner Harrod, seconded Commissioner Peterson, to defer the bids to staff for review and recommendation at the next meeting. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
d. Rehab Concrete Streets Project (Open)
BIDDER AMOUNT
Conc. Paving Bid
Keystone Services, Inc. $383,525.00
Bixby, Oklahoma
M. L. Young Construction, Inc. $307,700.00
Edmond, Oklahoma
Kraft-Reynolds Inc. $305,775.00
Oklahoma City, Oklahoma
All Roads Paving, Inc. $425,132.00
Oklahoma City, Oklahoma
Rudy Construction Co. $339,700.00
Oklahoma City, Oklahoma
Central Contracting Services $412,350.00
Shawnee, Oklahoma
ENGINEER’S ESTIMATE: $405,000.00
A motion was made by Commissioner Pettyjohn, seconded Commissioner Harrod, to defer the bids to staff for review and recommendation at the next meeting. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: 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. 13: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 14: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Mike Mankin, plumber, had some issues with tie-ins to the new water line in Granada Estates.
City Engineer John Krywicki and City Manager Terry Powell would do further checking into this matter.
AGENDA ITEM NO. 15: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn asked staff to follow up on some complaints he received regarding questions about sewer charges in the water district.
AGENDA ITEM NO. 16: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried.
AYE: Harrod, Pettyjohn, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
_____ ______________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK
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