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, November 18, 2002 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Vice Mayor Downing presided and called the meeting to order. Upon roll call, the following members were in attendance.
Bob Downing
Vice Mayor
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Bob Weaver
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson
Commissioner Ward 5
ABSENT: Chris Harden
Mayor
INVOCATION Reverend Milo Steffen
First Christian Church
FLAG SALUTE Vice Mayor Downing
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 November 4, 2002 meeting
c. Budget Amendments in 2001 Home Grant Fund and Capital Improvement Fund.
d. Transfers of Appropriations in Shawnee Municipal Authority Fund, 2001 CDBG Entitlement Grant Fund, 2000 CDBG Entitlement Grant Fund and General Fund.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through November, 2002
* Utility Division Report for the month of October, 2002
* Building Inspector Report for the month of October, 2002
* Warrant Officer report for the month of October, 2002.
* Shawnee Community Center report for the month of October, 2002.
* City Clerk Report for the month of October, 2002
* Shawnee Beautification Committee minutes from the October 7, 2002 meeting.
* Planning Commission minutes from the October 16, 2002 meeting.
* Shawnee Urban Renewal Authority minutes from the October 22, 2002 meeting.
* Sister Cities Council minutes from the September 10, 2002 meeting.
* Citizen Advisory Committee minutes from the September 4, 2002 meeting
f. Lakesite Leases:
Renewals:
Lot 2, Magnino Tract Lot 3, Magnino Tract
Travice & Karla Jennings Travice & Sherri Jennings
57 Archery Range Road 57 Archery Range Road
Shawnee, OK 74801 Shawnee, OK 74801
g. Acknowledge certificate from the National League of Cities honoring City of Shawnee for 35 years of membership and service.
h. Acknowledge Award of Excellence from Keep Oklahoma Beautiful.
i. Acknowledge water and sanitary sewer permits issued by the Oklahoma Department of Environmental Quality for constructing improvements to serve the Wal-Mart Super Center.
j. Acknowledge Permit Exemption No. WLEX0063020844 from the Oklahoma Department of Environmental Quality for the construction of 580 feet of 6 inch water line to serve Pulaski Street, east of Union.
k. Acknowledge workers’ compensation settlement with David Graves.
l. Acknowledge Order for Payment of Medical Expenses from Workers’ Compensation Court concerning Jeffrey A. Rodgers.
m. Approve an agreement with the U.S. Army Reserve to lease land around Shawnee Twin Lakes for training purposes.
n. Approve granting O.G.& E. a 15-foot utility easement to run electrical lines to Multi-Purpose Building at Expo Center.
o. Approve emergency declaration by City Manager for repair of sewer line in the 1800 block of North Beard between Cammack Street and Emmett Street.
p. Mayor’s Appointments:
REACT Ambulance Board of Directors
Reappoint Vice-Mayor Robert Downing
Sister Cities Council for 2003 – one-year terms
CHAIR Billye Sue Hatch
VICE CHAIR Arnold Davis
SECRETARY Diana Hallock
TREASURER Bertha Ann Young
FUNDRAISING COMMITTEE CHAIR Ann Davis
Sub-Committee International Dinner Ann Davis
HOST PROG. COMM. CHAIR Sue Winterringer
DELEGATION COMM. CHAIR Mary Chancellor
EDUCATION/PROMOTION COMMITTEE CHAIR Esther Bell
PUBLICITY COMMITTEE CHAIR David Walk
COMMUNITY ACTIVITIES 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
EX-OFFICIO MEMBERS
Mayor Chris Harden
City Manager Terry Powell
Immediate Past Chair Sue Winterringer
Education Committee Advisor James Taffee
Youth Representative(s)
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that Agenda Item No. 1 (a-p), be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentations.
The following proclamation was issued:
“Bible Week”
November 24 – December 1, 2002
(accepted by Reverend Milo Steffen, First Christian Church)
Resolution No. 6156 was read into record for retired employee Robert L. McCraw for his many years of loyal service to the City of Shawnee.
Resolution No. 6156 entitled “A resolution expressing appreciation to Robert L. McCraw for over 23 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Robert L. McCraw.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Weaver
NAY: None
The Oklahoma Municipal League Honor Roll of Service recognized Paula Taylor, Charles Bell, Lawrence Alexander and Cheryl Nichols for twenty-five years of service to the City of Shawnee. They will receive certificates at a later date. The audience applauded Mrs. Taylor and Mr. Bell who were present at the meeting.
AGENDA ITEM NO. 3: City Manager’s Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Tamera Johnson, Compensation and Benefits Specialist, as the November employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance to rezone property located at 34510 Lake Road from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for sale of beer for off-premise consumption. (Applicant: Lori Nowlin)
Vice Mayor Downing declared a public hearing in session to consider an ordinance to rezone property located at 34510 Lake Road with Conditional Use Permit for sale of beer for off premise consumption.
It was noted that the Planning Commission had recommended approval and no formal protests had been received by the City Clerk.
Vice Mayor Downing asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2075NS was introduced and the title read aloud.
Ordinance No. 2075NS 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: A tract of land described as beginning at a point 210 feet east of the Southwest Corner of the Southwest Quarter of Section 13, Township 10 North, Range 2 East of the Indian Meridian, thence North 200 feet; thence East 200 feet; thence South 200 feet; thence West 200 feet to the point of beginning.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Harrod, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
Thereupon Vice Mayor Downing declared Ordinance No. 2075NS duly passed and adopted.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 623 W. Farrall from C-1; Neighborhood Commercial District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for sale of beer for off-premise consumption (Applicant: In Yong Kim)
Vice Mayor Downing declared a public hearing in session to consider an ordinance to rezone property located at 623 West Farrall with Conditional Use Permit for sale of beer for off premise consumption.
It was noted that the Planning Commission had recommended approval and there were no formal protests filed with the City Clerk.
Vice Mayor Downing asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2076NS was introduced and the title read aloud.
Ordinance No. 2076NS 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: The North fifteen (15) feet of Lot Thirty-Two (32) and all of Lot Thirty-Three (33) and Thirty-Four (34), Block Nine (9), Inglewood Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from C-1, Neighborhood Commercial District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit; and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
Thereupon Vice Mayor Downing declared Ordinance No. 2076NS duly passed and adopted.
Vice Mayor Downing declared a deviation from the formal agenda to consider Agenda Item No. 7.
AGENDA ITEM NO. 7: Reconsideration of bid award of November 4, 2002 to Ozone Technology, Inc. for negative pressure ozonation system.
City Manager Terry Powell explained that since the November 4, 2002, bid award to Ozone Technologies Inc. (OTI), Tyler, Texas, for the ozonation system, questions have been raised from the competitor, Ozonia North America, Inc., Elmwood Park, New Jersey.
Therefore it was the Commission’s decision to determine if they would consider giving Ozonia and OTI equal time to make their presentations.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Claybrook, to reconsider the bid award of November 4, 2002 to Ozone Technology, Inc. for negative pressure ozonation system. Motion carried.
AYE: Pettyjohn, Claybrook, Harrod, Weaver, Peterson, Downing
NAY: None
Vice Mayor Downing declared the Commission return to the formal agenda and consider Item No. 6.
AGENDA ITEM NO. 6: Presentation from Ozone Technology Inc. and Ozonia concerning negative pressure ozonation system.
Mr. Gaspar Lesnick of Ozonia and Mr. Jerry Clark of Ozone Technologies Inc. gave presentations highlighting the technical process of their ozonation equipment.
Mr. Lesnick promoted the venture injection system and Mr. Clark recommended the turbine injection system.
Other factors for consideration was the $215,560 difference in the equipment bids, with OTI being the higher bid, the location of other municipalities and companies using either company’s equipment; and the time frame to meet the January 2004 deadline.
After the presentations, Mr. Kirby Rowland of Garver Engineers, the City’s engineering consultant, commented that he still recommended OTI’s negative pressure ozonation system as the best system to meet the Department of Environmental Quality and the Environmental Protection Agency requirements.
AGENDA ITEM NO. 8: Consider awarding bid for negative pressure ozonation system.
After discussion, Commissioner Pettyjohn made a motion to defer a decision on awarding the bid for negative pressure ozonation system to the December 2nd meeting. The motion died for lack of a second.
Further discussion ensued wherein some of the Commissioners voiced concerns about making technical decisions and felt that they should rely on the engineering consultant’s recommendation.
Thereupon, a motion was made by Commissioner Peterson, seconded by Commissioner Claybrook, to award the bid for negative pressure ozonation system to Ozone Technology, Inc. Motion failed.
AYE: Peterson, Claybrook, Downing
NAY: Pettyjohn, Harrod, Weaver
Continuing, other Commissioners had reservations and they requested more information to evaluate to their satisfaction in order to make the best decision.
To that end, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to defer the awarding of bid on the negative pressure ozonation system to the December 2, 2002 City Commission meeting. Motion carried.
AYE: Pettyjohn, Harrod, Weaver, Claybrook
NAY: Peterson, Downing
The Commission directed City Manager Terry Powell and staff to meet with the consultant to devise a course of action, gather data, and informally meet with each Commissioner sharing information to be used as criteria for the Commission to make an informed decision at the next meeting.
AGENDA ITEM NO. 9: Consider Agreement with Wilbur Smith Associates, Inc. for Comprehensive Plan update.
Community Development Director Mike Southard reported that the Comprehensive Plan selection committee had recommended Wilbur Smith Associates, Inc., Houston, Texas, to conduct the update on the Comprehensive Plan, in which the Commission at an earlier meeting, had given its approval to negotiate a contract with the firm.
Mr. Southard informed the Commission that through the negotiation process, staff was able to reduce the price from $150,000 to $126,000, but staff would be responsible for much of the work.
Mr. Bret Keast, Planning Director for Wilbur Smith Associates, Inc., was present to give an overview of the professional services the firm would be providing.
At this time, City Manager Terry Powell advised the Commission that in reviewing the project cost, it was staff’s desire to do certain tasks to lower costs. The project tasks included Task 4, Land Use; Task 5, Transportation; Task 6, Housing and Neighborhoods; and part of Task 2, Project meetings.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the agreement with Wilbur Smith Associates, Inc. for the Comprehensive Plan update on Tasks 4, 5, 6 and part of 2. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 10: Consider Agreement with CLS & Associates for landscape architecture services for Bell Street Streetscape Project.
Community Development Director Mike Southard reported that staff was recommending to enter into a contract with CLS & Associates of Oklahoma City for landscape architecture services to complete the Bell Street project.
He advised that the fees would be paid from the $500,000 allocated to the Bell Street project.
A motion was made by Commissioner Weaver, seconded by Commissioner Pettyjohn, to enter into an agreement with CLS & Associates for landscape architecture services to complete the Bell Street project for an amount of $7,400. Motion carried.
AYE: Weaver, Pettyjohn, Harrod, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 11: Consider a resolution approving a Transportation Project Agreement with Department of Transportation regarding Historic Bell Street Project.
The proposed resolution is a formal endorsement by the Commission on the Historic Bell Street Project as required by the Oklahoma Department of Transportation in order for the city to receive the TEA-21 grant in the amount of $313,000 allocated by ODOT.
Resolution No. 6157 was introduced and the title read aloud.
Resolution No. 6157 entitled “A resolution approving a Transportation Enhancement Project Agreement between the City of Shawnee and the Department of Transportation of the State of Oklahoma in connection with the Historic Bell Street Enhancement (Project Core) Agreement of a public known as F A Project No. STP-163E(118)EH State Job No. 20041(04).
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Harrod, Weaver, Peterson, Downing, Pettyjohn
NAY: None
Thereupon Vice Mayor Downing declared Resolution No. 6157 duly passed and adopted.
AGENDA ITEM NO. 12: Consider an ordinance establishing Beautification Committee and determining responsibilities of committee.
The following ordinance will establish the Beautification Committee to oversee and regulate the tree ordinance and provide guidance to staff in regards to long and short-term goals for the city parks system.
Ordinance No. 2077NS was introduced and the title read aloud.
Ordinance No. 2077NS entitled “An ordinance providing definitions; establishing the City Beautification Committee and the Tree Board; providing a term of office, compensation, duties, responsibilities, rules of operation; establishing a list of acceptable species; providing for the distance trees may be planted from curbs, sidewalks, street corners and utilities; establishing public tree care responsibilities; prohibiting tree topping of public street trees; setting responsibilities for pruning trees that create view obstructions and removing dead or diseased trees; providing a procedure for trimming and removing trees deemed to be detrimental to the public welfare; establishing how stumps shall be removed; prohibiting interference with the tree board; establishing licensing and bonding requirements for arborists; providing review by the City Commission; repealing all ordinances or parts of ordinances in conflict herewith; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the Title and Sections 1 through 22 be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Weaver
NAY: None
A motion was made by Commissioner Weaver to approve Section 23, the emergency clause, but it died for lack of a second.
Thereupon Vice Mayor Downing declared Ordinance No. 2077NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 13: Consider proposed lease agreement for city jail with the Pottawatomie County Public Safety Trust.
City Attorney John Canavan presented the jail lease and reviewed some changes that met with Police Chief Hank Land and Executive Director Rod Bottoms approval.
Mr. Bottoms was introduced to the Commission and he expressed to have a good working relationship with city staff.
The term of the lease shall become effective on the date all parties have signed and terminate June 30, 2003, unless sooner terminated in accordance with the agreement.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to approve the jail lease agreement with the Pottawatomie County Public Safety Center Trust. Motion carried.
AYE: Pettyjohn, Harrod, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 14: Consider a resolution providing preliminary approval to the refunding of the outstanding refunding series 1993 bonds of the Pottawatomie County Development Authority.
In consideration of the preliminary approval to the refunding of the outstanding refunding series 1993 bonds of the Pottawatomie County Development Authority (PCDA), the Commission had questions about the competitive bid process and requested the city manager to provide more information.
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, for staff to provide competitive bid information for the underwriting of the Pottawatomie County Development Authority’s refunding of the outstanding refunding series 1993 bonds. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Pettyjohn, Harrod
NAY: None
AGENDA ITEM NO. 15: Consider lease agreement with O.B.U. for property located at Midland and Saratoga.
City Manager Terry Powell recommended to the Commission to enter into a 25-year lease with Oklahoma Baptist University in the amount of $420.00 per month.
He indicated that an additional 24,000 square feet to the south of the current property will be included in the lease.
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, to approve the 25-year lease agreement with Oklahoma Baptist University for property located on Airport Drive from Franklin to Federal Street. Motion carried.
AYE: Harrod, Pettyjohn, Weaver, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 16: Consider bid opening for Water and Sewer Line Relocation Project (North Harrison/State Highway 18).
Bids for the water and sewer line relocation project COS-PW-02-2 were opened, read aloud and found to be as follows:
BIDDER AMOUNT
McKee Utility Contractors, Inc.
Prague, OK $367,925.00
Terra-Tech, LLC
Oklahoma City, OK $445,400.00
Urban Contractors, Inc.
Oklahoma City, OK $268,930.00
Davenport Construction
Edmond, OK $197,733.00
Jordan Contractors, Inc.
Tecumseh, OK $257,920.00
Krapff-Reynolds Construction Co.
Oklahoma City, OK $428,560.00
Milestone Construction Co.
Oklahoma City, OK $254,700.00
W. N. Couch, Inc.
Tulsa, OK $293,326.00
Central Contracting Services, LLC
Oklahoma City, OK $334,935.00
J & S Dozer & Excavation
Muskogee, OK $482,135.00
Engineer’s Estimate $349,100.00
A motion was made by Commissioner Harrod, seconded by Commissioner Pettyjohn, that the water and sewer line relocation bids be
deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Pettyjohn, Weaver, Peterson, Downing, Claybrook
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 reported.
AGENDA ITEM NO. 18: Administrative Reports.
Under Administrative Reports, Public Works Director James Cole informed the Commission that a notice in the newspaper would be published regarding drinking water violations in reference to levels of trihalomethanes (THMs) and haloacetic acids (HAA5) above drinking water standards.
He advised that the notices will be mailed with the water bills next month and this notice would be a repeat notice each quarter.
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.
There were no Commissioners’ Comments.
AGENDA ITEM NO. 21: 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. (10:42p.m.)
AYE: Pettyjohn, Peterson, Downing, Claybrook, Harrod, Weaver
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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