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 20, 2000 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 Steven Blair
Commissioner Ward 3 Commissioner Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Mr. James Cole
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda:
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 9.
b. Minutes of November 6, 2000 meeting
c. Budget Amendment in Capital Improvement Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of October 31, 2000
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of November, 2000
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of October 2000
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of October 2000
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of October 2000
* Utility Division Report for the month of October, 2000
* City Clerk Report for month of October, 2000
* Building Inspector Report for the months of September and October, 2000
* Shawnee Urban Renewal Authority minutes of October 17, 2000 meeting
* Sister Cities Council minutes of October 24, 2000 meeting
e. Authorize staff to advertise for bids for repair of polyurethane roofs at City Hall and Municipal Auditorium.
f. Authorize staff to advertise for bids for repair of digester roof at Southside Water Treatment Plant.
g. Acknowledge permit from the Oklahoma Department of Environmental Quality concerning water treatment plant improvements – Phase 1 Project.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (a-g), inclusive. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 2: City Manager Presentation:
City Manager Terry Powell presented Jim Wilsie, Treasurer/Finance Director, with a plaque and gift certificate as the November employee of the month in recognition of his excellent and dedicated service with the City of Shawnee.
AGENDA ITEM NO. 3: Consider changing 2001 fireworks display celebration from Wednesday, July 4th to Tuesday, July 3rd.
In a memorandum on behalf of the EXPO Center and Public Works, the Commission reviewed staff’s reasons for requesting to change the July 4th celebration to July 3rd. Those reasons given were: 1) Wednesday night is church night; 2) rodeo check-in is July 6 with livestock arriving before check-in; 3) talent (entertainment) opportunities are better due to July 4 booking demand; and 4) limited overtime budget, July 3 is a regular workday, overtime is half versus the holiday overtime.
Public Works Director James Cole also advised that booking for the event begins 6 to 7 months prior to the event.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to change the date for the July 4th fireworks and entertainment to Tuesday, July 3, 2001 per staff’s request. Motion carried.
AYE: Downing, Pettyjohn, Blair, Claybrook
NAY: Harrod, Harden, Roach
AGENDA ITEM NO. 4: Consider an ordinance amending definitions of abandoned vehicles to include current safety inspection stickers and car tags as portions of a vehicle required on the vehicle.
It was staff’s request that an ordinance be considered to amend the section relating to abandoned vehicles for staff to further enforce the codes.
Ordinance No. 1989NS was introduced and the title read aloud.
Ordinance No. 1989NS entitled “An ordinance relating to definitions concerning abandoned vehicles; amending sub-section (a)(3) of Section 16-277, Article XI of Chapter 16 of the Code of the City of Shawnee, Oklahoma; adding to the definition of an abandoned vehicle the lack of a current safety inspection sticker, and/or an automobile license tag; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Claybrook, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair, Downing
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Blair, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Blair, Roach, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1989NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider an agreement with the Bureau of Indian Affairs concerning Wildland fires.
Fire Chief James Roberts requested that the Commission delay indefinitely the cooperative intergovernmental agreement with the Bureau of Indian Affairs regarding the protection of the natural resources, forests and wildlands that are subject to fires.
He advised that since the local Indian tribes had not been included in the proposed agreement and it would affect a large area of tribal lands in this district, he would meet again with BIA and area Indian tribes to come to an agreement.
Mr. Roberts commented that throughout the years the Fire Department has responded to grass fires on tribal lands and it has been difficult to collect payment on those calls.
He remarked that this agreement would be a feasible way to receive reimbursement for costs incurred by the Fire Department in its response to Indian land wildfires.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to defer action indefinitely on the agreement between the City and the Bureau of Indian Affairs regarding wildland fires until an agreement had been reached that included area Indian tribes. Motion carried.
AYE: Roach, Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 6: Presentation by Jim Wilsie concerning update on water deposit policy.
Finance Director/City Treasurer Jim Wilsie addressed the Commission with an update on the water deposit policy that had been requested by the Commission at an earlier meeting.
Mr. Wilsie reviewed a memorandum he had prepared regarding the various options on the water deposit policy.
He had included a survey of six cities similar to Shawnee about various policies they had implemented in reference to interest being paid on deposits, refund deposits to customers; and waiver of deposit with a utility letter of credit.
Some of the options and concerns he presented to the Commission were:
· Paying interest on utility deposits
· Refunding the deposits once a customer had established a good payment record
· If implemented, refund deposits once a year as a credit to the customer’s account
· Concern for loss of revenue on refunds
· Concern about waiving deposits for customers who present a letter of credit from other utility companies
· If City was to pay interest, it should be similar to the bank passbook rates
· Affect on staff time involved
· Implementation of policy must be highly automated
Mr. Wilsie stated that if policy changes were to be made such as refunding the water deposit, he requested the Commission delay the implementation until a new software was put in place and allow further study on the management of its implementation.
He noted that the software package bids was being opened at this meeting and it was his goal to make a recommendation on the software at the second meeting in December.
The Commission discussed the various options and as indicated from the survey many cities refund the deposits after a year.
It was the opinion of some Commissioners that the Commission could go ahead and direct staff to proceed with policy changes they wanted implemented.
Action on this matter continued to the next item.
AGENDA ITEM NO. 7: Consider options concerning water deposit policy.
After discussion, a motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to delay action regarding the water deposit policy until the new software was implemented and then proceed with developing a new policy. Motion carried.
AYE: Roach, Downing, Harrod, Harden
NAY: Claybrook, Pettyjohn, Blair
AGENDA ITEM NO. 8: Consider continued participation in Watch Employee Protection Smart Risk Management Program.
Personnel Director Allen Benelli reported that effective December 1, 2000, Oklahoma Municipal Assurance Group would no long fund the City’s participation in The Watch, Employee Protection Line, and Smart Risk Management programs that are offered through the AGOS Group.
Mr. Benelli gave some cases where this program has been a valuable asset to the City, and he recommended to continue participating through AGOS Group at a minimal cost.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Roach, to continue participation in The Watch, the Employee Protection Line, and/or the Smart Risk Management program directly with The AGOS Group. Motion carried.
AYE: Pettyjohn, Roach, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 9: Consider Bids and Proposals:
a. Financial and Other Municipal Software (open)
BIDDER AMOUNT
Incode $233,299.00
Lubbock, TX 79414
Caselle, Inc. $ 98,055.00
Spanish Fork, UT 84660
United Systems Technology, Inc. $ 51,045.00
Dallas, TX 75234
Automatic Data Processing, Inc. $ 24,291.60
Oklahoma City, OK 73116
A motion was made by Commissioner Harrod, seconded by Commissioner Blair, to defer the Financial and Other Municipal Software bids to staff for review and recommendation at the December 18th City Commission meeting. Motion carried.
AYE: Harrod, Blair, Roach, Downing, Claybrook, Pettyjohn
NAY: None
b. Union Street Paving Project (open) (Cont’d from 11/6/00)
BIDDER
S. E. A. Construction
Edmond, OK
Base Bid Option #1 Option #2 Option #3 Option #4
$599,810.00 $554,741.50 $575,212.50 $543,569.00 $451,895.00
APAC, Inc.
Shawnee, OK
Base Bid Option #1 Option #2 Option #3 Option #4
$ No Bid $535,629.25 $ No Bid $525,045.50 $449,747.50
Vantage Paving
Oklahoma City, OK
Base Bid Option #1 Option #2 Option #3 Option #4
$522,503.00 $508,424.05 $501,008.00 $495,857.80 $411,214.25
T. J. Campbell Company
Oklahoma City, OK
Base Bid Option #1 Option #2 Option #3 Option #4
$510,095.00 $518,088.75 $490,882.50 $505,117.50 $429,470.00
Engineer’s Estimate.
$575,000.00 $525,000.00 $540,000.00 $480,000.00 $395,000.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to defer the Union Street Paving Project bids to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Roach, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
c. Municipal Property Insurance (Cont’d from 11/6/00)
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to award the bid for Municipal Property Insurance and steam boiler insurance to Hartford Insurance Company in the amount of $38,l07.00. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Blair, Roach
NAY: None
AGENDA ITEM NO. 10: 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. 11: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Under Citizens Participation, Mr. Jim Clifton, area citizen, thanked the Fire Department for extinguishing a grass fire near his residence.
AGENDA ITEM NO. 12: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Blair requested an update from Mike Southard, Planning/Code Enforcement Director, regarding progress of upgrading the property at 528 North Union.
Mr. Southard responded that staff was working on the case and he would be in contact with Mr. Freeman, attorney for the property owner.
Commissioner Pettyjohn asked staff if the three tracks at the railroad crossing on South Beard Street could be included in the street program for being paved.
Public Works Director James Cole responded stating that there would be work done on the railroad tracks by the State Department of Transportation and he advised that ODOT was in the process of contacting the railroad companies to notify them that the tracks would be paved.
Commissioner Harrod requested additional information on the water deposit issue to be presented at the Commission’s special called meeting on January 20, 2001.
Commissioner Roach thanked the Commissioners who participated in the swing-a-thon to raise funds for the Shawnee Kidspace park.
AGENDA ITEM NO. 13: Administrative Reports.
Under Administrative Reports, City Attorney John Canavan reported on the his finding regarding an item on the last meeting’s agenda concerning the recourse for citizens to go before the Commission on claims that have been denied by the City.
He advised that he checked with nine other cities and especially Del City, about their procedures and he was informed there was no formal procedures other than going through the Governmental Tort Claims Act.
He noted that those cities had similar agenda items to Shawnee allowing citizens to appear before the Commission, but they had cautioned about how it would affect the insurance coverage of a city.
Mr. Canavan advised the Commission that they had the inherent authority to listen to citizens for the wrong done to them. They also had the right to develop a process to change the way the City was currently handling citizens situations.
He left it up to the Commission on how to direct him to proceed.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the Commission, a
motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, that the meeting be adjourned. Motion carried. (8:51 p.m.)
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Roach, Claybrook
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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