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, April 18, 2005 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 Emmitt Hazelwood
New Hope Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the March 31 and April 4, 2005 meetings.
b. Acknowledge the following reports and minutes:
* Sales Tax Report through April, 2005
* Shawnee Community Center report from March, 2005 and quarterly report for January, February and March, 2005.
* Warrant Officer report for the month of March, 2005
* Shawnee Beautification Committee minutes from the March 7, 2005 meeting
* Shawnee Urban Renewal Authority minutes from the March 22, 2005 meeting.
* Sister Cities Council minutes from the March 8, 2005 meeting.
c. Approve City of Shawnee Five Year Consolidation Plan FY 2005 – FY 2009 for submission to the U.S. Department of Housing and Urban Development on May 16, 2005.
d. Authorize staff to submit application for funding to the Oklahoma Housing Finance Agency for the FY 2005 HOME Investment Partnership Program; Owner-Occupied Rehabilitation Program.
e. Authorize staff to advertise for bids for Rehab Asphalt Street project.
f. Authorize staff to advertise for bids for replacement of outfall line at the south side treatment plant and for the 12” water line replacement on Gordon Cooper Drive.
g. Acknowledge letter of resignation from Ward IV Commissioner David Hadley effective May 16, 2005.
h. Acknowledge letter from Dr. Cal Hunter, pastor of Highway Baptist Church, expressing appreciation to Shawnee Police Officers Rieves and Huffman for their assistance.
i. Mayor’s Appointment:
Traffic and Transportation Commission
Appoint Sheryl Young as Ward III Commissioner to a term to expire 1/1/08.
Before voting on the Consent Agenda, Mayor Mills pulled item (i) and Commissioner Claybrook asked that items (e) and (f) be pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the Consent Agenda less (e), (f), and (i). Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Under 1(e), a motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to defer this item to the next City Commission meeting on May 2nd to discuss plans for rebuilding a section of Kickapoo Street. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
Under 1(f), Commissioner Claybrook was concerned with spending large sums of money toward other projects until the water treatment plant has been fixed.
Utility Director Afsaneh Jabbar and City Manager Jim Collard responded that the outfall line was in need of immediate replacement and it had been budgeted this year.
City Manager Collard informed the Commission that the outfall line replacement was more important to replace than the 12-inch line at this time.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to approve authorizing staff to advertise for bids for replacement of the outfall line at the south side treatment plant. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
Under 1(i), Mayor Mills requested that this item be delayed and that the appointment was for the Traffic and Transportation Commission and not the Shawnee Civic and Cultural Authority as shown on the agenda.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to defer the appointment of Sheryl Young as the Ward III Commissioner and amend that the appointment would be to the Traffic and Transportation Commission. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
“Equal Pay Day”
April 19, 2005
(accepted by Shirley Madden, President of Cartwright Hi-Noon BPW)
“Relay for Life Day”
April 22, 2005
(accepted by Lewis Baughman, Honorary Chair for Relay for Life Day committee)
“Santa Fe Depot Centennial Celebration”
April 30, 2005
(accepted by Ken Fullbright, Director of Santa Fe Depot)
“Jump$tart Your Money Week”
April 25 – 30, 2005
(accepted by Thixe Totty, Project Manager, COCAA)
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month. (David Rodriquez – Water Treatment Plant Operator).
City Manager Jim Collard presented a plaque and gift certificate to David Rodriquez, Water Treatment Plant Operator, as the April employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Presentation by Jim Sims regarding handicap accessibility issues. (Deferred from 4/4/05 meeting)
Mr. Sims was not in attendance.
AGENDA ITEM NO. 5: Discuss and consider the procedure for analyzing health insurance bids.
City Treasurer/Finance Director Becky Cragin explained that the main objective was to find the best health insurance coverage with a cost- effective price.
Therefore, to be fair and honest, an RFP was drawn up, modeled from other cities, with input from the employee insurance group, and then advertised for a sealed bid process.
Ms. Cragin noted that an addendum was sent to the bidders regarding “net of commission” or “with commission,” but it did not change the RFP. She contacted all the bidders to make sure this particular item was clear to all the bidders.
Upon discussion, Commissioner Schrzan questioned City Treasurer Cragin and City Manager Collard about the process of requesting the bidders to bid their service net of commissions, which he stated was excluding the current Agents-of-Record, The Wall Brothers and J. T. Weedman.
The city treasurer and city manager replied that it was never their intent to omit the current agents-of-record.
In further discussion, City Attorney John Canavan advised that legally the City is not required to use the bid process for the service of health insurance and since there is not a court case or state guidance, the City could set its own policy. He gave the following options: 1) open bids and proceed; 2) reject all bids; 3) if bids are prejudiced, do not open; or 4) if the Commission decided the bid process was too confusing, then it would be the Commission’s option to do otherwise.
Mayor Mills invited the insurance company representatives present in the audience to speak and answer questions.
Four out of the five insurance representatives were complimentary of city staff for the thorough specifications provided them and for their excellent communication with the bidders.
Mr. J. T. Weedman, current agent-of-record for the City, complained that the bidding process was not fair stating PacifiCare refused to give a bid because the City requested the bid be “net of commission.”
Finalizing discussion, City Treasurer Cragin recommended the procedures for the bid process as follows:
1) open bids
2) evaluation of bids by employee insurance work group
3) give opportunity for selected insurance agents to clarify insurance proposals to the employee work group
4) allow city staff to forward its recommendation to the City Commission
5) after approval by the City Commission on the selected insurance carrier, allow adjustments to be made
6) City Commission direct staff to negotiate with the selected insurance company
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the bid procedures as outlined by City Treasurer Becky Cragin be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, O’Neal, Mills, Hadley
NAY: None
ABSTAIN: Schrzan
Next, Mrs. Cragin informed the Commission that two non-staff individuals were available to open and record the bids. Mr. Joe Carlson, of Carlson & Cottrell, CPAs and Mr. Larry Walker, Director of Business Services at Oklahoma Baptist University.
AGENDA ITEM NO. 6: Acknowledge staff will proceed with the opening and consideration of bids as set forth in Agenda Item No. 19.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, for staff to proceed with the opening and consideration of bids as set forth in Agenda Item No. 19 (a) and (b). Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Referring to Agenda Item No. 19(c), opening the health insurance bids, discussion was held to determine how the bids would be presented to eliminate complication of reading the various proposals.
A motion was made by Commissioner Hadley, seconded by Vice Mayor Peterson, to proceed with opening the health insurance bids and gave instruction that the “employee only” health plan amounts be recorded as recommended by City Attorney John Canavan. Motion carried.
AYE: Hadley, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Note: Agenda Item Nos. 7 through 11 were not heard at the last Planning Commission meeting due to a lack of a quorum.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located on the west side of Bryan Street, north of MacArthur Street and south of Terra Lane from A-1; Agricultural District to RE; Rural Estates for use as one-acre lot subdivision. (Applicant: Kevin and Tina Hanna d/b/a Copper Creek Properties, LLC). (Continued by Planning Commission to April 20, 2005).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located on the west side of Bryan Street, north of MacArthur Street and south of Terra Lane for use as one-acre lot subdivision.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to defer this item to the next City Commission meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 1408 E. Independence from R-3; Multi-Family Residential District to C-1; Neighborhood Commercial District for use as office building. (Applicant: Dick Curtis o/b/a Dee Burton). (Continued by Planning Commission to April 20, 2005).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 1408 East Independence for use as an office building.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to defer this item to the next City Commission meeting. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property located at 623 N. Kickapoo Spur from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow the sale of alcoholic beverages for on-premise consumption. (Applicant: Travice Jennings) (Application withdrawn by applicant).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 623 North Kickapoo Spur to allow the sale of alcoholic beverages on-premises.
A motion was made by Commissioner Hadley, seconded by Commissioner Schrzan, to defer this item to the next City Commission meeting. Motion carried.
AYE: Hadley, Schrzan, O’Neal, Mills, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: Public hearing and consider an ordinance to rezone property located on St. Johns Road, north of Slover Street and west of Leo Street from A-1; Agricultural District to R-1; Single Family Residential District. (Applicant: Kenneth Genn). (Continued by Planning Commission to April 20, 2005).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located on St. Johns Road, north of Slover Street and west of Leo Street for use as a single family residence.
A motion was made by Commissioner Hadley, seconded by Commissioner O’Neal, to defer this item to the next City Commission meeting. Motion carried.
AYE: Hadley, O’Neal, Mills, Peterson, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property located at 1804 N. Park from R-1; Single Family Residential District to R-1P; Single Family Residential District with Conditional Use Permit for use as a child care center. (Applicant: Christa Beene) (Continued by Planning Commission to April 20, 2005)
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 1804 North Park for use as a child care center.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to defer this item to the next City Commission meeting. Motion carried.
AYE: Schrzan Downing, Claybrook, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 12: Consider an ordinance amending the distance that plainly audible sound is prohibited from a motor vehicle or private residence from one hundred feet to fifty feet.
City Manager Jim Collard stated that this proposed ordinance was in response to issues relating to reducing noise levels from motor vehicles and private residences from the current 100 feet to 50 feet radius.
Ordinance No. 2194NS was introduced and the title read aloud.
Ordinance No. 2194NS entitled “An ordinance relating to loud sound from motor vehicles and private residences; amending sub-sections (a) and (b) of Section 20-172 and sub-sections (a) and (b) of Section 20-173, both of division 1, Article IV of Chapter 20 of the Code of the City of Shawnee, Oklahoma; amending the definition of plainly audible in each section as to distance from one hundred (100) feet to fifty (50) feet; providing for severability and declaring an emergency.”
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, that the Title and Sections 1-5, be approved. Motion carried.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
A motion was made by Commissioner Downing to approve Section 6, the emergency clause, but died for lack of a second.
Thereupon Mayor Mills declared Ordinance No. 2194NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 13: Consider the expenses paid by the City of Shawnee on behalf of the Shawnee Civic and Cultural Development Authority in excess of the authorized transfer of $600,000.00.
City Treasurer Becky Cragin reported that for fiscal year 2004-2005 the Commission had authorized a transfer from the general fund to SCCDA in the amount of $600,000.
Since then, an accounting of the expenses has been done and the expenses for this year will be approximately $693,641 that would include salaries, audit, insurance, and utilities.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Claybrook, not to approve payment of expenses in excess of the authorized $600,000.00 and for the City to invoice the Shawnee Civic & Cultural Development Authority (SCCDA) at the end of the fiscal year for the overage and immediately send a letter to SCCDA informing them of the Commission’s decision. Motion carried.
AYE: Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: Downing
AGENDA ITEM NO. 14: Consider the adoption of proposed investment policy for the City of Shawnee.
A motion was made by Commissioner Claybrook, seconded by Commissioner Hadley, to adopt the proposed investment policy for the City of Shawnee. Motion carried.
AYE: Claybrook, Hadley, Peterson, Downing, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 15: Consider authorizing staff to advertise for bids to repair or replace air conditioning system at City Hall.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to authorize staff to advertise for bids to repair or replace the air conditioning system at City Hall. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 16: Consider a resolution adopting agreement between City of Shawnee and James Watkins resolving a dispute regarding Mr. Watkin’s service period for his Oklahoma Municipal Retirement Fund.
Resolution No. 6228 was introduced and the title read aloud.
Resolution No. 6228 entitled “A resolution adopting an agreement between the City of Shawnee, Oklahoma (“Employer”) and James Watkins (“Employee”) resolving a dispute between the parties as to the eligibility of the employee to qualify for an additional period of service towards his OMRF employee’s fund.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution No. 6228 duly passed and adopted.
AGENDA ITEM NO. 17: Consider a resolution notifying Oklahoma State Legislators that the City of Shawnee opposes a “Sales Tax Holiday.”
Mayor Mills explained that this resolution would notify state legislators that the City of Shawnee opposes a “Sales Tax Holiday” for the reasons that it would create a burden on the city for not collecting sales tax and the city would lose over $40,000 in sales tax over the three-day sales tax holiday.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, for discussion purposes only.
In discussion, some commissioners voiced concerns about the monies leaving the state and what kind of message this action would send to the local citizens.
The following title of the resolution was read into record:
“A resolution of the City of Shawnee, Oklahoma, notifying the Oklahoma State Legislators that the proposed legislation to create a sales tax holiday is opposed by the Governing Body of the City of Shawnee, expressing reasons for said opposition and suggesting alternative means to the proposed exemption.”
At this time, Commissioner Hadley withdrew his second on the floor.
A motion was made by Commissioner Downing, seconded by Mayor Mills to approve the resolution. Motion failed.
AYE: Downing, Mills
NAY: Hadley, Peterson, Claybrook, Schrzan, O’Neal
AGENDA ITEM NO. 18: Confirm city manager’s appointment of Michael Chitwood as Shawnee Police Chief.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, that the City Manager’s appointment of Michael Chitwood as Shawnee’s Police Chief be approved. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Peterson, Downing, Schrzan
NAY: None
AGENDA ITEM NO. 19: Consider Bids and Proposals.
a. MacArthur Waterline Extension Project (Open)
BIDDER AMOUNT
Jordon Contractors $124,525.00
Tecumseh, OK
Urban Contractors $184,480.00
Oklahoma City, OK
There was no Engineer’s Estimate. This project has been budgeted for $180,000.00.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to accept City Engineer John Krywicki’s recommendation to award the MacArthur Waterline Extension Project to Jordon Contractors, Tecumseh, Oklahoma in the amount of $124,525.00 as the lowest and best bid contingent upon the amounts being correct. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
b. 40 HP Motor and Pump (Open)
BIDDER AMOUNT
Evans Enterprises, Inc.
Oklahoma City, OK $14,175.00
Enid Electric Motor &
Automation Control Tech
Enid, OK $16,181.10
Hambrick – Ferguson, Inc.
Oklahoma City, OK $12,947.00
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the bids for the 40 HP motor and pump be deferred to the next City Commission meeting. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
c. Health Care Coverage for Plan Year July 1, 2005 – June 30, 2006 (Open)
The health insurance coverage proposals were read into record by Mr. Joe Carlson as follows:
Note: The following bid information was for employee rates only:
BIDDER: James Martin Insurance
INSURANCE CO.: AETNA
BIDDER: AETNA Direct
INSURANCE CO.: 1) AETNA; 2) Group Benefit Consultants-John Hawkins; 3) James Martin/John Hawkins; 4) NA Group-Dustin Brand; and 5) Anthony Wall, Ken Wall, J.T. Weedman
HMO/High-A HMO/High-B HMO/Low-A HMO/Low-B PPO-A
$319.86 $367.67
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve staff’s recommendation to defer the health insurance bids to the May 2nd or May 16th meeting. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 20: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 21: Administrative Reports.
Under Administrative Reports, City Engineer John Krywicki reported on various street and utility line projects such as Wallace Street would be closed approximately 6-8 weeks for repairs; the overlay on MacArthur has been completed; Brangus Road and Acme Road projects are proceeding; 27” waterline project should begin midweek; and 30” waterline more than capable of delivering water through summer months.
Mayor Mills announced that a skate park meeting would be held on May 3rd to interview four firms that provided proposals for engineering services for the skate park.
AGENDA ITEM NO. 22: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
Mr. Ron Pentecost, Project Manager of BFI, reported on the Spring Clean Up Day stating that it was a success and thanked city employees for their participation.
AGENDA ITEM NO. 23: Commissioners Comments.
Under Commissioners Comments, Commissioner Claybrook reiterated from earlier in the meeting about placing an item on the next meeting agenda to discuss and consider rebuilding Kickapoo Street from MacArthur Street to Kickapoo Spur.
Mayor Mills thanked Environment Code Officer Randy Wesley, former Action Center employee Paula Taylor, recently retired, and the railroad personnel for their assistance in clearing a public nuisance on railroad property inside city limits.
Vice Mayor Peterson extended an invitation to the public to attend on Saturday, April 23rd, a music concert and art display at St. Gregory’s University Mabee Gerrer Museum beginning at 4:30 p.m.
City Manager Jim Collard announced that on May 9th would be the first day for new Police Chief Michael Chitwood.
AGENDA ITEM NO. 24: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried. (8:34 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_______________________________
DIANA HALLOCK, CITY CLERK
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