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, September 21, 1998 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 Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Brad Roach
Commissioner Ward 5
INVOCATION Reverend Cliff Briscoe
Living Word Church
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. 16
b. Minutes of September 8, 1998 meeting
c. Acknowledge the following reports and minutes:
* Budget Status Report as of August 31, 1998
* Shawnee Police Report for the month of August 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of September 1998
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of August 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of August 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of August 1998
* Utility Division Report for the month of August 1998
* Municipal Court Report for the month of August 1998
* Shawnee Community Center Report for the month of August 1998 and Quarterly Report for April, May and June 1998
* Sister Cities Council minutes of July 14 and August 18, 1998 meetings
* Shawnee Urban Renewal Authority minutes of August 18, 1998 meeting
d. Lakesite Lease Transfer
Lot 9, Magnino A Tract
Fr: Pat Freeman/Jo Cunningham To: Scottie/Nancy Smith
16901 Highway 102 1853 Lakeview Drive
Shawnee, OK Choctaw, OK
e. Authorize staff to advertise for bids on the Sanitary Sewer Rehabilitation Project or various sewer line sections identified by Public Works.
f. Authorize staff to advertise for bids for a chiller for the air conditioning unit at City Hall.
g. Acknowledge the Annual Audit of the fiscal year 1997-98 for Pioneer Library System.
h. Acknowledge thank you letter from the Department of the Army for the assistance of Pat Cope, Street Superintendent; Jim Bierd, Line Maintenance Superintendent; and Victor Swarez, Street Department, in providing equipment to construct a Pavilion at the Reserve Center.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Consent Agenda Item No. 1 (a-h), inclusive, be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Harden presented the following proclamations:
“Sister Cities Days”
September 23-28, 1998
(accepted by Brent Cory, Shawnee Sister City Chairman)
“The Five Points of Life Day”
September 26, 1998
(accepted by Tammy Whitmarsh, OK Blood Institute)
“Think Pink Day”
October 1, 1998
(accepted by Linda Brown, Shawnee Regional Hospital)
AGENDA ITEM NO. 3: Presentation by Reverend Clifton Briscoe on the progress of the outreach program for Shawnee teens.
Reverend Clifton Briscoe of the Living Word Church, 3831 N. Kickapoo, appeared before the Commission with an update on the progress of the outreach program for Shawnee teens. He reminded the Commission approximately one year ago his church began the program to try and offer teenagers a safe place to go with free activities and refreshments, keeping them off the “streets.” He noted that this summer the numbers reach over 400 teenagers.
He reported that the drive-way, pavilion, and stage had been completed and future plans for a teen center were being made that will include an indoor café, video games, etc.
COMMISSIONER BRAD ROACH NOW PRESENT AT 7:46 P.M.
He mentioned Simon Peter’s Storehouse which is a food ministry with regular hours for availability to the public.
In conclusion, Reverend Briscoe expressed his appreciation to the Commission for their work and he hoped the Commission was supportive of what the church was doing.
The Commission expressed appreciation to Reverend Briscoe for the commendable work the church is doing in the community.
AGENDA ITEM NO. 4: Consider the boat docks and boat houses at the Shawnee Twin Lakes.
The Commission had discussion regarding the need for enforcing regulations pertaining to the boat docks and boat house issue.
Commissioner Gillham stated changes are continually occurring regarding the lakesite leases and the boat docks and boat houses were just one area needing immediate attention.
The current City ordinances allow a boat dock or boat house to be 20 x 20 but those ordinances were written in 1961 and boat sizes have increased considerably since that time. There are currently 7 or 8 boat houses exceeding the 20 x 20 requirement and discussion was held whether to accept them as non-conforming or require lessees to remove the docks.
After discussion, the following motion was made.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to direct staff to prepare the necessary ordinance for boat dock or boat houses and incorporate in the ordinance that the boat docks or boat houses are to be 30’ x 30’; an additional fee for boat docks or piers of $100.00 per year for residents and $200.00 per year for non-residents; grandfather all existing docks larger than 30’x 30’; and that the ordinance be strictly enforced. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 5: Consider an agreement between the City of Shawnee and Grove School to provide additional funding for a sewer line.
City Manager Terry Powell informed the Commission that before approving the agreement, City Engineer John Krywicki had some reservations about the proposed depth of the sewer line being too shallow and expressed concerns about the overall benefit to the City being served for future development.
Mr. Krywicki next explained his concerns about the sewer line being shallow and he could not determine at this point the actual depth since the underbrush and trees had not been cleared. He also advised that Mr. Richard Landes, engineer for Grove School, had assured him that the line depth was adequate.
The city engineer also requested clarification on the $30,000 that the City had agreed to contribute towards the project.
After discussion, it was the Commission’s consensus that it was their intent that the $30,000 to be contributed toward the estimated total cost of $101,537.50 presented at an earlier meeting and that the agreement be rewritten to reflect the $30,000 was the total amount contributed by the City. The Commission also directed staff to include in the agreement that the city engineer would have concurrence with decisions pertaining the this project before the City’s payment was made toward the project .
The city attorney will rewrite the agreement for the next meeting.
AGENDA ITEM NO. 6: Consider request from Patrolman Ken King, IUPA President, to address the Commission regarding the Shawnee Police Contract.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to approve the request from Patrolman Ken King, IUPA President, to address the Commission regarding the Shawnee Police Contract. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
At this time, Patrolman Ken King, IUPA President, appeared before the Commission and read a statement recapping the process of the contract negotiations beginning April 2, 1998, the initial arbitration hearings, to the the September 8, 1998, when the City rejected the arbitrator’s award to the police union.
Mr. King urged the Commission to reconsider the police union’s last best offer.
AGENDA ITEM NO. 7: Consider an ordinance calling for a special election for the electorate to vote for either the last best offer of the City of Shawnee or the last best offer of the International Union of Police Associations, Local #3 as the Collective Bargaining Agreement for the parties for 1998-99.
Ordinance No. 1897NS was introduced and the title read aloud.
Ordinance No. 1897NS entitled “An ordinance authorizing the calling and holding of a special election to be held in the City of Shawnee, Oklahoma, on the 9th day of February, 1999, for the purpose of submitting to the registered, qualified voters of said City the question of whether the 1998-1999 contract between the City of Shawnee and the International Union of Police Associations, Shawnee Police Association Local #3, AFL/CIO (IUPA) shall include the City of Shawnee’s last best offer or the International Union of Police Association’s Shawnee Police Association Local #3’s last best offer; providing for said election to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot; and declaring an emergency.”
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the Title and Sections 1-6, inclusive, be approved. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, that Section 7, the emergency clause, be approved. Motion carried.
AYE: Roach, Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1897NS duly passed and adopted.
At this time, Commissioner Claybrook justified his vote by stating that he felt the promotion policy and the vehicle take-home policy were more important than the pay differential.
AGENDA ITEM NO. 8: Consider an ordinance calling for a special election to complete the term for the office of City Commissioner for Ward IV; setting a filing period, primary election and general election.
Ordinance No. 1898NS was introduced and the title read aloud.
Ordinance No. 1898NS entitled “An ordinance calling and providing for the holding of a special nonpartisan primary and general election in the City of Shawnee, Oklahoma, for the purpose of nominating and electing candidates for the unexpired term of the office of City Commissioner of the Fourth Ward; establishing a filing period and qualifications for such office; designating the manner of electing the city office named herein; providing for said elections to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Sections 1-5, inclusive, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that Section 6, the emergency clause, be approved. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1898NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider acceptance of Sanitary Sewer easement from Intervest Corporation for an eight inch sewer line for the new Braum’s on North Kickapoo.
City Engineer John Krywicki presented the staff’s recommendation of approval of the easement stating that the extension of 389 feet of sewer line for Braum’s. The costs will be at the owner’s expense and city staff would be providing inspections to assure compliance with city requirements.
He noted that maintenance bonds would be received and acceptance of the sewer line facility would be considered at a later date by the City Commission.
A motion was made by Commissioner Gillham, seconded by Commissioner Young, to accept the sanitary sewer easement from Intervest Corporation for an eight inch sewer line for the new Braum’s on North Kickapoo. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider a resolution for programming traffic signals at the intersection of US-177 and 45th Street with ODOT.
The Commission reviewed a memorandum from City Engineer John Krywicki to City Manager Terry Powell dated September 17, 1998, detailing the breakdown in costs for the traffic signals at US 177 and 45th Street that was deemed to be warranted by the Oklahoma Department of Transportation.
Mr. Krywicki advised that since the intersection is outside the city limits, the City’s share of the installation costs would be approximately $8,800 for engineering costs only if the City takes over maintenance and operation after the signals are installed and ODOT would cover 100% of the construction costs.
It was staff’s recommendation to approve the resolution.
Resolution No. 6008 was introduced and the title read aloud.
Resolution No. 6008 entitled “A resolution requesting the State Transportation Commission to concur in the programming and selection of a traffic signal project for construction and submit the same to the Federal Highway Administration for approval; and setting forth agreement of the City.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Title and Resolution be approved. Motion
Thereupon Mayor Harden declared Resolution No. 6008 duly passed and adopted.
AGENDA ITEM NO. 11: Consider authorizing the City Attorney to acquire needed right of way easements by purchase or condemnation for the Federal Street Paving Project.
Motion by Commissioner Gillham, seconded by Commissioner Young, to authorize the City Attorney to acquire needed right of way easements by purchase or condemnation for the Federal Street Paving Project. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Roach, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 12: Consider Change Order to the Charles Willis & Associates contract to include federally mandated CHANGE 5 AIRPORT LAYOUT PLAN requirements.
In consideration of the change order, the Commission reviewed the agenda notes that revealed the purpose of the change order to be due to the FAA regulations that require the City of Shawnee to maintain an Airport Layout Plan (ALP) depicting current and proposed improvements to the Airport.
The Plan is required to be updated every five years and the City’s consultant provides those services to update the Plan.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve Change Order No. 3 in the amount of $6,524.00 to the Charles Willis & Associates contract to include federally mandated Change 5 Airport Layout Plan requirements. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 13: Approve renewal of the Municipal Liability Protection Plan for the City of Shawnee from Oklahoma Municipal Assurance Group (OMAG).
Mr. Allen Benelli, Personnel Director, presented the staff’s recommendation to renew its Municipal Liability insurance with the Oklahoma Municipal Assurance Group due November 1, 1998.
Mr. Benelli referred to the memo in the agenda packet and pointed out a few key points:
*The City can receive a 10% discount if paid before October 15, invoice amount $103,985.22 and discount premium of $93,587.33;
*There will be a premium increase 30% due to the increase on claims
*Cities participating in the OMAG Job and Safety training and two additional training services for law enforcement keep premiums lower;
*the premium would be $116,731.92 if the City did not take advantage of the early payment and training discounts
A motion was made by Commissioner Roach, seconded by Commissioner Young, to approve renewal of the Municipal Liability Protection Plan for the City of Shawnee from Oklahoma Municipal Assurance Group (OMAG) in the amount of $93,587.33 to be effective November 1, 1998. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 14: Consider new Pay Plan for City of Shawnee employees.
Again, Mr. Allen Benelli, Personnel Director, appeared before the Commission and presented the proposed pay plan with minor amendments for final consideration by the Commission.
He advised that since the last presentation, amendments had been made and this new pay plan would replace the existing plan that has been in use for over twelve years.
It was staff’s recommendation to adopt the plan as amended retroactive to July 1, 1998.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to approve the new pay plan for City of Shawnee employees as presented by Personnel Director Allen Benelli. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None
AGENDA ITEM NO. 15: Update on trash pickup progress for the City of Shawnee as requested by Commissioner Claybrook.
City Manger Terry Powell explained that the implementation of the community clean up has been on a short term basis so far but was showing improvement. He advised that staff was continuing to work toward a comprehensive plan that would include working with the Chamber of Commerce and the Beautification committee.
He then called upon Police Chief Hank Land and Public Works Director James Cole to give reports on the immediate changes taking place.
Mr. Land reported that the group of “Hank’s Helpers” that include citizen volunteers and community service workers, have been clearing right of ways on Main Street, Kickapoo and Independence Street. He advised that other citizens such as the Oklahoma Baptist University students are starting to participate.
Mr. Land advised that he is working with the State Department of Corrections to arrange for inmates to work each week on the clean up.
Mr. James Cole reported that various crews have been cleaning the right of ways throughout the city and Action, Inc. is also participating.
The Commission also directed the City Clerk’s office to prepare and issue larger warning signs with the permits about the enforcement of illegal placement of residential (garage) sale signs.
AGENDA ITEM NO. 16: Consider bids for an Intermediate Size Hydraulic Paving Breaker for the Public Works Department. (open)
The following bids were opened, read aloud and found to be as follows:
BIDDER AMOUNT
C L Boyd Co. Inc. $10,750.00
Darr Equipment Company $14,500.00
ICM of Oklahoma City $13,289.00
Kirby-Smith Machinery, Inc. $11,990.00
OTC Equipment, Inc. $ 9,990.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept staff’s recommendation that all bids for the Intermediate Size Hydraulic Paving Breaker be referred to staff for review and a recommendation at the next City Commission meeting. Motion
AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
There was no Citizens Participation.
AGENDA ITEM NO. 18: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 19: New Business.
Under New Business, Commissioner Claybrook commended Bill Colclasure, Community Development Director, for his efforts in cleaning up the illegal accessory signs throughout the community.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:48 p.m.)
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden, Roach
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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