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 2, 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
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. 7.
b. Minutes of the November 18, 2002 meeting
c. Budget Amendments in Gifts & Contributions Fund
d. Transfer of Appropriations Capital Improvement Fund and General Fund
e. Acknowledge the following minutes:
* Civic and Cultural Development Authority minutes from the October 17, 2002 meeting.
* Shawnee Urban Renewal Authority minutes from the November 5, 2002 meeting.
f. Lakesite Leases Renewals:
Lot 10, Magnino A Tract Lot 6, Eckel Tract
Janice Linton & Alene Topping Judith Henderson
Rt. 3, Box 161G-1 7509 NW 38th
Tecumseh, OK 74873 Bethany, OK 73008
Lot 6, North School
Cecil & Louise Johnston
3906 Marie Drive
Shawnee, OK 74804
g. Acknowledge regular meeting schedule for calendar year 2003 for City Commission and related authorities.
h. Acknowledge declaration of monetary gift in the amount of $27,460.00 from Ken Butler to be used to purchase two thermal imaging cameras.
i. Authorize staff to advertise for bids for North Union Street roadway extension.
j. Mayor’s Appointment:
Shawnee Library Board
Appoint Gilbert Guptill to replace Haylor Fisher for a term to expire 6/30/03
Before voting on the Consent Agenda, item (g) was pulled for separate consideration, as requested by Commissioner Pettyjohn.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that Agenda Item No. 1 a-j, less g, be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
In discussion of item 1(g), Commissioner Pettyjohn had suggested that the time on the schedule be changed to an earlier time of 7:00 p.m.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, to change the City Commission meeting time from 7:30 p.m. to 7:00 p.m. beginning calendar year 2003. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Consider a resolution supporting a project plan to revitalize Downtown Shawnee and establishing a tax increment financing district.
Mr. Marion McMillan, spoke on behalf of the Downtown Shawnee, Inc., requesting the Commission to approve a project plan to revitalize downtown Shawnee and establish a Tax Increment Financing (TIF) District.
He explained about how TIF was a mechanism allowed by state statutes to revitalize an area; and Downtown Shawnee Inc. was proposing to establish a TIF district to capture the incremental increases in property values and target the redevelopment of the Central Business District.
Mr. McMillan handed out copies of a letter from Center for Economic Development Law of Oklahoma City, which provided information about steps in establishing a TIF District for downtown Shawnee.
The process would be initiated by the City Commission to establish a review committee and direct the preparation of a project plan.
The proposed district currently brings in around $130,000 in property taxes and an estimated current assessed valuation of proposed TIF District would be around $720,000. The area covers from Main Street between Beard and Philadelphia streets and from Seventh to Highland Street.
In addition, staff recommended moving forward with this process and using Community Development Block Grant funds to pay up-front legal fees which the fees could be recouped through the District.
It was staff’s recommendation that the Shawnee Urban Renewal Authority be the entity designated to administer the plan.
Resolution No. 6158 was introduced and the title read aloud.
Resolution No. 6158 entitled “A resolution supporting the project plan to revitalize downtown Shawnee and to establish a tax increment financing (TIF) District.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6158 duly passed and adopted.
AGENDA ITEM NO. 3: Consider a resolution opposing Southwestern Bell tariff application for wireless 911 data access.
Emergency Management Director Don Lynch briefed the Commission on his recommendation to oppose Southwestern Bell Telephone Company’s application to the Corporation Commission to place a twenty-three cent (23-cent) tariff on each wireless telephone call to be levied against public safety answering points.
He explained that it would be impossible to budget and manage the potential number of calls that the city would receive in a year. He stated that the requested tariff would cover the cost of maintaining and accessing the Automatic Number and Location Identifier databases.
Mr. Lynch noted that the city pays a fixed rate now and this is for Southwestern Bell to provide network and database services required for Enhanced 911 operations.
He informed that the Oklahoma Municipal League was encouraging all member cities to adopt a resolution opposing the tariff application.
Resolution No. 6159 was introduced and the title read aloud.
Resolution No. 6159 entitled “A resolution of the Mayor and City Commission of the City of Shawnee expressing opposition to the actions of Southwestern Bell Telephone Company in filing a proposed E9-1-1 tariff with the Oklahoma Corporation Commission creating per-call charges for each 9-1-1 call placed from a cellular phone, and authorizing the municipal counselor to institute legal proceedings to protest and prevent the approval of said per-call E9-1-1 wireless tariff.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
Thereupon Mayor Harden declared Resolution No. 6159 duly passed and adopted.
AGENDA ITEM NO. 4: Consider recommendation of City Manager to appoint David Chesher as Personnel Director.
City Manager Terry Powell recommended that David Chesher be appointed as the Personnel Director.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to appoint David Chesher as the Personnel Director for the City of Shawnee. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 5: Consider entering into a contract with Northcutt's Greenlawn Nursery of Lexington, Oklahoma for the Kickapoo Spur tree project and irrigation system.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to approve entering into a contract with Northcutt’s Greenlawn Nursery, Lexington, Oklahoma, in the amount of $19,800.00 for the Kickapoo Spur tree project and irrigation system. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 6: Consider bid award of 3,000 gram/hour ozone generating system. (Deferred from 11/18/02)
Since the last meeting, the Commission directed staff and Garver Engineers to conduct further research on the equipment and company data regarding the two bidders to the Commission’s satisfaction of making a well-informed decision.
Again, Mr. Kirby Rowland of Garver Engineers, LLC, the city’s engineering consultant, presented information that was discussed in his research. Some of the items mentioned was the need for a chiller, need for outside air, and need for mixing of ozone with flow of water from the plant.
Mr. Kirby showed on the power point the process of the technical design of both bidders equipment, and in the end, it was still his recommendation to award the bid to Ozone Technology Inc.
City Manager Terry Powell relayed that staff was satisfied that fair consideration had been given to Ozonia and they concurred with the engineer’s recommendation.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, to approve the bid award of 3,000 gram/hour ozone generating system to Ozone Technology, Inc. (OTI), Tyler, Texas in the amount of $739,860, based on the reasons given by the engineering consultant and staff. Motion carried.
AYE: Downing, Peterson, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 7: Consider Bids.
a. State Highway 18 Water & Sewer Relocation Project (award)
Before considering the bid award, City Engineer John Krywicki explained that of the ten bids received, one contractor, Davenport Construction of Edmond, Oklahoma, had submitted their bid on the wrong bid schedule, since an Addendum was sent and all the other nine contractors had submitted their bids based on the revised schedule.
Therefore, it is staff’s recommendation that the bid be awarded to Milestone Construction Company, Inc. for all the items of the project bid.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to award the bid for State Highway 18 Water and Sewer Relocation Project to Milestone Construction, Oklahoma City, Oklahoma, in the amount of $254,700.00 as the lowest and best bid as recommended and reasons given by the city engineer. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harden
NAY: None
b. Shawnee Industrial Park Access Road (open)
Vantage Paving, Inc. $416,559.50 $472,233.50
Oklahoma City, OK
Shell Construction Company $408,250.00 $436,285.00
Oklahoma City, OK
All Road Paving, Inc. $410,349.60 $440,042.70
Oklahoma City, OK
Krapff Reynolds Const. Co. $451,244.00 $484,464.00
Oklahoma City, OK
T. J. Campbell Const. Co. $424,656.25 $445,648.75
Oklahoma City, OK
Engineer’s Estimate: $416,690.00 $449,420.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Shawnee Industrial Park Access Road bids be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 8: 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 reported.
AGENDA ITEM NO. 9: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 10: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 11: Consider an Executive Session to discuss the following: See a), b), c) items below.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Commission go into Executive Session to discuss the following items:
a) Pending workers compensation claim of Gary Dee Lindemann, Case Number 2001-8635Y and workers compensation claim of Jay Davis, Case Number 02-16881H pursuant to 25 O.S. §307B(4).
b) The status of negotiations between City of Shawnee and IUPA Local No. 3 pursuant to 25 O.S. §307B(2).
c) The status of IUPA grievances filed with the City of Shawnee pursuant to 25 O.S. §307B(4).
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:26 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:40 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 12: Consider matters discussed in Executive Session regarding pending workers compensation claims of Gary Dee Lindemann and Jay Davis pursuant to 25 O.S. §307B(4), the status of negotiations between City of Shawnee and IUPA Local No. 3 pursuant to 25 O.S. §307B(2) and the status of IUPA grievances filed with the City of Shawnee pursuant to 25 O.S. §307B(4).
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to approve settlement of workers’ compensation claims of Gary Dee Lindemann, Case Number 2001-8635Y; and Jay Davis, Case Number 02-16881H. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None
In regards to the other two items, the status of negotiations between City of Shawnee and IUPA Local No. 3 and the status of IUPA grievances filed with the City of Shawnee, were for informational purposes only.
AGENDA ITEM NO. 13: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn requested staff to pursue getting the railroad ties replaced on the railroad tracks westbound on 45th Street.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Peterson, that the meeting be adjourned. Motion carried. (9:41 p.m.)
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Harden, Weaver
NAY: None
____________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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