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 21, 2004 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chuck Mills
Mayor
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church
FLAG SALUTE Mayor Mills
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. 8.
b. Minutes of the June 7 and June 15, 2004 meetings.
c. Budget amendments in Capital Improvement Fund and Street Improvement Fund.
d. Transfers of Appropriations in General Fund and Shawnee Municipal Authority.
e. Acknowledge the following reports and minutes:
Sales Tax Report through June, 2004
Utility Division Report for the month of May, 2004
City Clerk report for the month of May, 2004
Warrant Officer activity report for the month of May, 2004
Shawnee Urban Renewal Authority minutes from the May 18, 2004 meeting
Traffic and Transportation minutes from the April 27, 2004 meeting.
Sister Cities Council minutes from the May 11, 2004 meeting.
f. Lakesite Lease:
Renewals:
Lot 1, Johnston Tract
Jerry & Deborah Roberts
83 Magnino Way
Shawnee, OK 74801
Lot 7, Renfro Tract
Lesalee Hinkle
113 Sleepy Hollow Rd.
Shawnee, OK 74801
Lot 12, Belcher Tract
Dee Ann Lowrey
701 N. Market
Shawnee, OK 74801
Lot 13, Belcher Tract
William Lowrey, Jr.
701 N. Market
Shawnee, OK 74801
Transfer:
Lot 5, Renfro Tract
To: Terry & Brenda Warren From: Lesalee Hinkle
30405 Homer Lane Rd. 113 Sleepy Hollow Rd.
Shawnee, OK 74801 Shawnee OK 74801
g. Acknowledge annual budget for FY 2004-2005 for the Pioneer Library System.
h. Approve out-of-state travel for Battalion Chief Curt Lamastus to travel to Ocala, Florida to inspect new ladder truck during the second week of July, 2004.
i. Approve out-of-state travel for Fire Chief Jerry Bower to attend the International Association of Fire Chief’s Annual Meeting and Conference, August 9 – 15, 2004 in New Orleans.
j. Approve time change for City Manager Interview Schedule as follows: June 25, 2004, James Collard – 4:30 p.m.; John M. Rogers – 6:00 p.m. and June 26, 2004, Gary W. Holland – 1:00 p.m.; Michael C. Randall – 2:30 p.m.
k. Approve Oklahoma Urban and Community Forestry Grant Application for Tree Monitors Program.
l. Recommendations from the Traffic and Transportation meeting of May 25, 2004 meeting:
(1) Request of Pat Williams, 315 W. Highland, to install traffic control measures in the alley behind their business. (Williams Transmission)
Recommendation: To deny request. Traffic to exit to the west of the business through the street.
(2) Request from Lisa Williams, 1409 W. Wallace, for “Slow – Children at Play” signs for the 1400 block of West Wallace.
Recommendation: To deny request.
(3) Request from Marva O’Neal, 124 E. Farrall, for installation of traffic signal light at the intersection of Bell Street and Farrall Street.
Recommendation: To submit request to Oklahoma Department of Transportation for traffic study for possible signalization and to improve pedestrian safety at crossing.
Before voting on the consent agenda, Items (c), (d), (h), and (j) were pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve Consent Agenda Item No. 1 less (c), (d), (h), and (j). Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
After discussion and clarification of the items pulled for separate consideration, the following actions were taken.
Under (c), a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve budget amendments in Capital Improvement Fund and Street Improvement Fund. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
Under (d), a motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the transfers of appropriations in General Fund and Shawnee Municipal Authority. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
Under (h), a motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve the out of state travel request for Fire Chief Jerry Bower to attend the International Association of Fire Chief’s Annual Meeting and Conference, August 9-15, 2004 in New Orleans. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Under (j), a motion was made by Commissioner Hadley, seconded by Commissioner O’Neal, to approve the time change for the City Manager interview schedule as follows: June 25, 2004, James Collard – 10:00 a.m.; John M. Rogers – 11:30 p.m. and June 26, 2004, Gary W. Holland – 10:00 a.m.; Michael C. Randall – 11:30 a.m. Motion carried.
AYE: Hadley, O’Neal, Mills, Peterson, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation to Employee of the Month (Wanda Hill – Accounting).
Interim City Manager Terry Compton presented a plaque and gift certificate to Accounts Payable Clerk Wanda Hill as the June employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Consider an ordinance establishing the water usage plan in times of emergency for the City of Shawnee and establishing the penalty for violating provisions of the plan.
Ordinance No. 2166NS was introduced and the title read aloud.
Ordinance No. 2166NS entitled “An ordinance relating to the establishment of a water conservation plan for the City of Shawnee and setting the penalty for violation of such plan; amending Section 26-67(b)(4); Division 1, Article III of Chapter 26 of the Code of the City of Shawnee; Oklahoma; fixing the penalty for violating the conservation plan proclaimed by the City Manager at one hundred dollars ($100.00) per incidence plus suspension of water, sewer and garbage service; creating a new law at Section 26-67.1, Division 1, Article III of Chapter 26 of the Code of the City of Shawnee; establishing the City of Shawnee water conservation plan; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Hadley, seconded by Commissioner O’Neal, that the Title and Sections 1-4, be approved without the definition defined lake levels. Motion carried.
AYE: Hadley, O’Neal, Mills, Peterson, Downing, Claybrook, Schrzan
NAY: None
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Thereupon, Mayor Mills, declared Ordinance No. 2166NS duly passed and adopted.
AGENDA ITEM NO. 4: Consider final payment for Water Treatment Plant Phase 2, which includes change order No. 5.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the final payment for Water Treatment Plant Phase 2 including Change Order No. 5 in the amount of $4,876.00. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 5: Consider renewal of the following agreements for fiscal year 2004-2005:
a. Independent School District No. 93 for maintenance of tennis courts.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve the renewal agreement with Independent School District No. 93 for maintenance of tennis courts. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
b. Interlocal agreement with Pottawatomie County District Court to enable the municipal court to establish, develop and implement programs for juvenile misdemeanor offenders.
A motion was made by Commissioner Hadley, seconded by Commissioner O’Neal, that the interlocal agreement with Pottawatomie County District Court to enable the Municipal Court to establish, develop and implement programs for juvenile misdemeanor offenders be approved. Motion carried.
AYE: Hadley, O’Neal, Mills, Peterson, Downing, Claybrook, Schrzan
NAY: None
c. Interlocal Cooperation Agreement with Gordon Cooper Technology Center District No. 5 to provide for repaving and repair on public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve the Interlocal Cooperation Agreement with Gordon Cooper Technology Center District No. 5 to provide for repaving and repair on public roadways and parking lots used by students, faculty, employees and patrons of GCTC and GCTC give educational services to City of Shawnee employees. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
d. Project H.E.A.R.T. for operation space and utility services.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to approve the Project H.E.A.R.T. agreement for operation space and utility services in the Shawnee Municipal Auditorium and Shawnee Community Center for $500 per month rent. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
e. South Central Industries for parks maintenance services.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the South Central Industries agreement to provide to the City parks maintenance services for $l,875 per month. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
f. Interlocal agreement with Independent School District No. 93 for placement of police officers in schools for increased security.
A motion was made by Commissioner Hadley, seconded by Commissioner O’Neal, to approve the Interlocal agreement with Independent School District No. 93 for placement of police officers in schools for increased security and the District’s payment to the City of $64,204.00 to cover salaries and expenses for the police officers. Motion carried.
AYE: Hadley, O’Neal, Mills, Peterson, Downing, Claybrook, Schrzan
NAY: None
g. Interlocal Agreement with Gordon Cooper Area Vocational Technical School for placement of police officers in school for increased security.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the Interlocal agreement with Gordon Cooper Area Vocational Technical School for placement of police officers in school for increased security and GCTC payment to the City of $38,466.24 to cover salaries and expenses for police officers. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
h. Town of McLoud for treatment and disposal of animals
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to approve the agreement with the Town of McLoud to utilize the City’s animal shelter for treatment and disposal of animals. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 6: Consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2004 through June 30, 2005 finding all things requisite and necessary have been done in preparation and presentation of budget.
City Treasurer/Finance Director Terry Compton presented the final budget for FY 2004/2005 in the amount of $35,032,145, including the Shawnee Municipal Authority budget of $9,576,562 and the Shawnee Airport Authority budget of $281,786.
In Commission’s discussion about their request to have a $500,000 carryover in the fund balance, that amount would be reached if an additional funds of $1.25 million be transferred from the Shawnee Municipal Authority.
Upon further discussion, several commissioners voiced their concerns about the practice of transferring from the SMA account to the general fund account stating it was not prudent financial planning although it was noted that it was not illegal to use the utility funds to operate.
Also this budget would include a thirty percent (30%) increase in water and sewer rates.
It was the Commission’s consensus not to transfer an additional $250,000 from SMA to the general fund and staff find ways to raise the anticipated general fund carryover at the end of the fiscal year to $500,000.
Mayor Mills noted that the budget would need to be monitored on a quarterly basis.
Resolution No. 6196 was introduced and the title read aloud.
Resolution No. 6196 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 2004 through June 30, 2005 finding all things requisite and necessary have been done in preparation and presentation of said budget.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, that the Title and Resolution be approved with the amendments that $250,000 not be transferred from the SMA funds, which leaves $1 million to be transferred from SMA; and the ending fund balance for fiscal year 2004-2005 have a fund balance of $500,000. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Resolution No. 6196 duly passed and adopted.
AGENDA ITEM NO. 7: Consider an ordinance increasing water usage rates and the sanitary sewer rates for the City of Shawnee and its consumers.
The following proposed ordinance would increase the water and sewer rates by thirty percent (30%) to become effective in the new fiscal year 2004-2005.
Ordinance No. 2167NS was introduced and the title read aloud.
Ordinance No. 2167NS entitled “An ordinance relating to water and sanitary sewer rates for the City of Shawnee, Oklahoma, amending Subsections 26-26(a) and (b), Article II, Chapter 26 of the Code of the City of Shawnee; increasing water rates for residential, non-residential and commercial use; amending Section 26-27, Article II, Chapter 26 of the Code of the City of Shawnee; increasing sanitary sewer rates for residential, non-residential and commercial use; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that Section 4, the emergency clause, be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2167NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider Bids.
a. Rehab Asphalt Streets Project (award)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Claybrook, to accept staff’s recommendation to award the bid to rehab asphalt streets projects to APAC, Oklahoma, Inc., Tulsa, Oklahoma, in the amount of $530,256.00 as the lowest and best bid. Motion carried.
AYE: Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley, Downing
NAY: None
b. One or More Full Size Pickups (award)
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to accept staff’s recommendation to award the bid for one or more full size pickups to Ada Ford, Ada, Oklahoma, in the amount of $12,687.00 as the lowest and best bid. Motion carried.
AYE: Downing, Hadley, Claybrook, Schrzan, O’Neal, Mills
NAY: None
ABSTAIN: Peterson
(Note: Seminole Ford was the lowest bid, but did not have the vehicle and did not have a comparable pickup).
c. Sanitary Sewer Extension Project (open)
BIDDER AMOUNT
Central Contracting Service $39,425.00
Oklahoma City, OK
McKee Utility Contractors $56,649.00
Prague, OK
Jordan Contractors, Inc. $53,300.00
Tecumseh, OK
Davenport Construction $59,500.00
Edmond, OK
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to defer the bid for sanitary sewer extension project (Barton Industrial Park) to staff for review and recommendation at the next meeting. Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
d. Asphaltic Concrete Type A, B & C (open)
ASHLAND/APAC T. J. CAMPBELL
Price Per Ton
Type A Delivered $28.35 $31.28
Type B Delivered $30.35 $32.03
Type C Delivered $31.35 $32.03
Type A at Plant $26.00 $25.70
Type B at Plant $28.00 $26.45
Type C at Plant $29.00 $26.45
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to defer the bid for Asphaltic Concrete Type A, B & C to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, Schrzan, Claybrook, O’Neal, Mills, Hadley, Peterson
NAY: None
e. Two Entryway Signs (open)
BIDDER AMOUNT
Randy’s Signs, Inc. $ 8,700.00
Shawnee, OK
Vision MFG. $20,820.00
Shawnee, OK
A motion was made by Commissioner Hadley, seconded by Vice Mayor Peterson, to accept staff’s recommendation to award the bid for two entryway signs to Randy’s Signs, Shawnee, Oklahoma in the amount of $8,700.00 as the lowest and best bid. Motion carried.
AYE: Hadley, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 9: 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. 10: Administrative Reports.
Mr. James Cole, Public Works Director, announced that the mosquito spraying service by the Parks Department would be on Tuesday and Friday afternoons in the “hot spot” areas on a regular basis and upon request from the community throughout the summer and early fall. The citizens can make their request to the Parks Department by calling 878-1529.
AGENDA ITEM NO. 11: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. John Crews spoke in opposition to the water rate increase.
Ms. June Elkinson, 700 Block South Pottenger, reported that each year she reports to Action Center the properties at 706 and 712 South Pottenger as public nuisances with tall grass and weeds and trash and she was making her request known for this year.
AGENDA ITEM NO. 12: Commissioners Comments.
There was no Commissioners Comments.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Hadley, that the meeting be adjourned. Motion carried. (7:35 p.m.)
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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