BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 5, 2001 AT 7:30 P.M.
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 5, 2001 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 James Harrod
Commissioner Ward 1 Commissioner Ward 3
Bob Weaver Kermit Milburn
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Robert Pettyjohn
Commissioner Ward 2
INVOCATION Reverend Glen Pence
Hospice of Shawnee
FLAG SALUTE Mayor Harden
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. 13.
b. Minutes of October 15, 2001 meeting
c. Budget Amendments in the General Fund, Capital Improvement Fund, Gifts and Contributions Fund, Water Improvement District Fund and Street Improvement Fund
d. Budget Amendments in CDBG Entitlement Fund for FY-1995, 1996, 1997, 1998, 1999, 2000, and 2001. (Deferred from 10/15/01)
e. Transfer of Appropriations in the Library Fund, E-911 Fund, Capital Improvement Fund, and CDBG Entitlement Fund for FY-1995, 1996, 1997 and 1998
f. Acknowledge the following reports and minutes:
* General Fund Financial Statement as of September 30, 2001
* Shawnee Municipal Authority Financial Statement as of September 30, 2001
* Shawnee Municipal Authority Analysis of Collections for month of September, 2001
* City Clerk Report for the month of September, 2001
* Civic and Cultural Development Authority minutes of September 20, 2001 meeting
* Planning Commission minutes of October 3, 2001 meeting
* Traffic and Transportation Commission minutes of September 25, 2001
g. Lakesite Lease Transfer:
Lot 1 Hart Tract
From: Walker Butts (Deceased) To: John Bracklein
By & through Connie Butts 6616 Laurel Drive
Personal Representative Okla. City, OK 73162
7212 Green Meadow Lane &
Okla. City, OK 73132 Steven Bracklein
6821 Old Orchard Ln.
Okla. City, OK 73132
h. Acknowledge receipt of Superior Achievement Award from Oklahoma Good Roads and Transportation.
i. Acknowledge testimony presented to Congress by Emergency Management Director Don Lynch.
j. Approve out-of-state travel for two officers to attend training in Denton, Texas, November 5– 6, 2001.
k. Recommendations from the Traffic and Transportation Commission from the October 23, 2001 meeting:
1) Consider request from the Shawnee City Commission to study the Downtown Business District parking time limits to make them more uniform.
Recommendation: To approve request.
2) Consider request from Mr. Jim Miller, Bell & 34th Streets, to place “No Trucks Allowed” signs at Union and 34th Street.
Recommendation: To deny request.
3) Consider request from Ms. Connie Yandell, 501 E. Federal to place “No Trucks Allowed” sign on Federal Street.
Recommendation: To deny request. Also, have police take action for excessive speeding in the area.
4) Consider request from Chief Hank Land to install “No Parking” signs in the alley north of 616 S. Broadway to Beard Street.
Recommendation: To approve request with the change of wording to read “No Parking or Standing.”
5) Consider request from a concerned citizen to increase the speed limit from 35 m.p.h. to 40 m.p.h. on MacArthur Street from Bryan Street to Brangus Road.
Recommendation: To deny request.
l. Mayor’s Appointments:
Planning Commission
Appoint Pam Stephens to serve remaining term of Bob Surface to expire 6/1/02
Zoning Board of Adjustment
Appoint Ray Belford to a three-year term to expire 6/1/04
Appoint Linda Peterson to a three-year term to expire 6/1/04
Appoint Bill McClure to a three-year term to expire 6/1/04
Reappoint Jeremiah T. Nichol to a three-year term to expire 6/1/04
Citizens Advisory Board
Appoint Truman Carter to a three-year term to expire 5/3/04
Appoint Glenn Edwards to a three-year term to expire 5/3/04
Reappoint Pam Robinson to a two-year term to expire 5/3/03
Reappoint Marion McMillan to a two-year term to expire 5/3/03
Reappoint Janie Kirt Morris to a two-year term to expire 5/3/03
Annexation Committee
Appoint Commissioner Kermit Milburn to replace former Commissioner Brad Roach
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Consent Agenda Item No. 1 (a-l), inclusive, be approved. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Harden issued the following proclamations:
“Bob Downing Day”
November 8, 2001
(accepted by Vice Mayor Downing, retiring as Rotary Club secretary for 42 years)
“Oklahoma Heritage Week”
November 11-17, 2001
(accepted by Jeff Diamond)
AGENDA ITEM NO. 3: Presentation of award by President of Oklahoma Water Pollution Control Association to Charles Bell for Water Plant Operator of the Year.
Mr. Charles Gray, Immediate Past President of Oklahoma Water Pollution Control Association, presented Charles Bell an award honoring him as a recipient of the Stapley Award for Outstanding Water Treatment Plant Operator in the State of Oklahoma at the Oklahoma Water Pollution Control Association banquet on October 24.
Mr. Bell has worked at the Shawnee Water Treatment Plant since 1977. During the past two years he served as acting superintendent and was responsible for implementing new testing procedures. Also, he was responsible for maintaining a lengthy pilot plat project to determine a new treatment system to be implemented in Phase II of the plant improvements.
Mr. Bell was present to accept his award and expressed his appreciation for the award.
AGENDA ITEM NO. 4: Presentation by Andrew Dearth of Charter Communications concerning cable service rate changes.
Mr. Andrew Dearth, Charter Communications State Director of Operations for Oklahoma and Kansas presented information concerning the cable service rate increase.
The expanded basic service will increase by $3.00 per month effective December 1 and will affect the rate for channels 15-20 and 43-69.
He added that most of the customer base would not be affected and he estimated around 2,000 customers would be affected.
Mr. Dearth notified the Commission of the increase as provided in the charter.
No formal action was required by the Commission.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 4900 North Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for alcoholic beverage sales and consumption. (Applicant: Smith Pubs, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning located at 4900 North Harrison for use for alcoholic beverage sales and consumption.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden 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. 2027NS was introduced and the title read aloud.
Ordinance No. 2027NS 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 lying in the East Half of the Northeast Quarter (E/2 NE/4) of Section 31, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, being described as follows: Beginning at the Southeast Corner (SE/C) of the Northeast Quarter (NE/4) of Section 31, Township 11 North, Range 4 East; thence N00°40’04”E along the East line of said quarter section a distance of 864.10 feet; thence S89°56’01”W a distance of 71.29 feet; thence S05°35’22”W a distance of 9.40 feet to the true point of beginning, said point being on the west right-of-way line of State Highway 18; thence S88°30’36”W a distance of 133.40 feet; thence on a curve to the right having a radius of 1.60 feet (a chord bearing N48°48’87”W, chord length of 2.25 feet) an arc distance of 2.5 feet; thence N00°40’00”W a distance of 117.40 feet; thence S89°52’00”W a distance of 374.41 feet; thence S00°17’50”E a distance of 491.25 feet to a point on the north right-of-way line of Interstate Highway No. 40; thence N70°19’54”E along said north right-of-way line, a distance of 81.59 feet; thence on a curve to the right having a radius of 1582.39 feet (a chord bearing N77°52’02”E, a chord length of 415.02 feet) along said north right-of-way line a distance of 416.23 feet, to a point on the west right-of-way line of State Highway 18; thence N05°35’22”E along said west right-of-way line a distance of 263.20 feet to the true point of beginning, rezoning said property from C-3; Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Milburn, Downing
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2027NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance dedicating property along Pecan Grove Road as a public use right-of-way.
Community Development Director Mike Southard stated that Pecan Grove Road is located near the Shawnee Twin Lakes area close to State Highway 102.
According to the agenda notes, in 1960 the City of Shawnee purchased seventeen feet of land in addition to the statutory sixty-six feet of right-of-way along Pecan Grove Road and the property was never dedicated as right-of-way and has caused the property to be landlocked. The title company has indicated that since no access agreement had been provided from this property to Pecan Grove Road, the title insurance cannot be provided. By dedicating the strip of land as right-of-way, the issue of access will become moot.
Ordinance No. 2028NS was introduced and the title read aloud.
Ordinance No. 2028NS entitled “An ordinance dedicating property located along Pecan Grove Road in the City of Shawnee, Pottawatomie County, Oklahoma as public use right-of-way; describing said property; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2028NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider request by Seawright Investments, Inc. to allow for a private fire hydrant in lieu of extending the utilities to serve the proposed construction site at Hardesty and SH-177 and to credit the PCDA for water used for fire suppression.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve the request of Seawright Investments, Inc. allowing for a private fire hydrant in lieu of extending the utilities to serve the proposed construction site at Hardesty and SH-177 and to credit the Pottawatomie County Development Authority (PCDA) for water used for fire suppression. Motion carried.
AYE: Weaver, Harrod, Harden, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance amending Chapter 6, Article III, Sections 6-22 pertaining to the leasing of airport property.
Ms. Lori Bowlan, Assistant Airport Manager, presented the second part of her report regarding the rental rate structure at the airport.
She stated that over the last twelve years the City has received $9 million in grants from the Federal Aviation Administration and from those grants certain requirements needed to be met.
Ms. Bowlan stated that the grants would be coming to an end and FAA was working with the City to improve the rental rates to prepare the airport to be self-sustaining and at the same time be fair to those leasing airport property. Therefore, appraisals were conducted of all the airport leased property.
On the overhead visuals, Ms. Bowlan showed that there are currently 37 entities leasing Shawnee Airport land. There are five types of leases: commercial, community, official, land, and aviation. Among the eleven commercial leases, the ones concerned about at this time are the ones that the leases have or are about to expire which include Handcrafted Woodwork and Shawnee Pitt Stop. The community service leaseholder is the Shawnee Little Theatre.
Ms. Bowlan covered how the lease calculations methods were done in relation to the aviation related rates and the non-aviation related rates. Certain percentages would apply to the various types of leases and that percentage would be a percent of the total fair market leasehold value per year.
After Ms. Bowlan’s presentation, the Commission ensued in a lengthy discussion about how the appraisals were conducted, taking into account the two appraisers’ findings.
The discussion involved rate percentages ranging from four to ten percent of adjusted property value. Also, how much flexibility can or should the City give public service entities such as the Shawnee Little Theatre.
The revised ordinance was included in the agenda packet and the Commission reviewed the proposed changes. Some of the changes included that the city charge the appraised fair market leasehold value of the land and that lease rates be adjusted every five years based on fair market leasehold value as established by a qualified appraiser.
Also annual rental rates would be calculated by multiplying the
leasehold value of aviation and community property at 4 percent; agricultural property at 5 percent; and commercial property at 6 percent.
Continuing, the Commission recognized Mr. Ronny Jones, Managing Director of the Shawnee Little Theatre, who gave a history of the how the agreement between the City and the Shawnee Little Theatre came about. He explained that in 1975 the City Commission was interested in a cultural asset for the community and the Shawnee Little Theatre was formed made up of community volunteers.
Mr. Jones relayed that from the income the Theatre receives through ticket sales, there are many expenses involved in maintaining the operations of the Theatre
He stated that he felt the Shawnee Little Theatre had kept its end of the agreement by stating that the Theatre will open its 158th play this Friday.
In further discussions, there were questions about the appraisals and references made about the School Land Commission appraisal comparisons.
Concluding, since there were still questions about this complicated issue, the following motion was made.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to table this item to the next meeting to gather more information about the proposed percentage rate increases; request the appraisers to attend the meeting to give their reports; clarify the School Land Commission comparisons; and re-analyze the community service leases to determine what in-kind services could be offered. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 9: Consider an Amendment to Lease Agreement between City and Leonard M. Taron, Joseph E. Taron and Denis M. Taron.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve Assistant Airport Manager Lori Bowlan’s request to defer the amendment to lease agreement between the City and Leonard M. Taron, Joseph E. Taron, and Denis M. Taron to the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider authorizing staff to advertise for request for proposals for Fixed Base Operator at Shawnee Municipal Airport.
Ms. Bowlan was verbally notified two weeks ago by Mr. Mark White, owner of Air Flite, Inc. at the Shawnee Municipal Airport and the City’s Fixed Base Operator for the past 12 years, advising he would be resigning from the FBO position.
Mr. Mark White appeared before the Commission to explain that over the last couple months since the airport has been closed for repairs, he has looked at his company’s liability, and he stated as the FBO, it is in his company’s best interest to resign as the Fixed Base Operator.
Mr. White told the Commission that he would work with the airport staff in the process to appoint the FBO and he thanked the City Commission and the City/Airport Manager for all their support in the last twelve years.
A motion was made by Commissioner Harrod, seconded by Commissioner Claybrook, to authorize staff to advertise for request for proposals for Fixed Base Operator at Shawnee Municipal Airport. Motion carried.
AYE: Harrod, Claybrook, Harden, Weaver, Milburn, Downing
NAY: None
AGENDA ITEM NO. 11: Update on employee health insurance and alternatives.
Mr. James Roberts, Director of Public Safety and Administration, reported about the City’s employee health insurance. He explained about the troubled State Education and Employment Group Insurance Plan the City is currently using. The state plan now has problems with rising costs and decreasing insurance choices.
He stated that when the City joined the state plan, there was a choice of six HMOs and an indemnity plan; but that has decreased. He cautioned that if the City chose to leave the state plan it could not return.
He offered the option for the Commission to consider would be to go to a self-insured plan. He had conducted a survey of cities that are self-insured and he received positive feedback. He stated that this would give the City and employees more control.
Upon hearing the options, it was the consensus of the Commission that Mr. Roberts solicit proposals from third-party administrators and report his findings at the next meeting.
THE COMMISSION TOOK A SHORT BREAK (9:23 P.M. TO 9:29 P.M.) TO ALLOW CHANGING OF THE VIDEOTAPE. THE MEETING RECONVENED WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 12: Consider increasing the audit services provided by Crawford & Associates to include the preparation of the Comprehensive Annual Financial Report.
City Treasurer/Finance Director Jim Wilsie explained that with the software transition and changes in staff, he requested the Commission to consider exercising the option of approving a change in the level of service provided by Crawford & Associates, the City’s auditor, to include the audit report preparation.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve increasing the audit services provided by Crawford & Associates to include the preparation of the Comprehensive Annual Financial Report. Motion carried.
AYE: Downing, Claybrook, Harrod, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 13: Consider Bids.
a. One 30 HP 4-Wheel Drive tractor with Front Loader and 54 inch box blade (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the bid for the one 30 hp 4-wheel drive tractor with front loader and 54 inch box blade be awarded to Dinsmore Tractor Sales, Shawnee, Oklahoma, in the amount of $12,308.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Harden
NAY: None
b. One 2002 Pothole Patching Truck (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the bid for the one 2002 pothole patching truck be awarded to H. D. Industries, Inc., Shawnee, Oklahoma, in the amount of $88,565.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
c. Rehab Asphalt Streets Project, COS-PW-01-02 (open)
(Golden Acres Subdivision & other locations)
BIDDER AMOUNT
All Roads Construction $904,107.00
Yukon, OK
T. J. Campbell $949,540.00
Oklahoma City, OK
APAC, Inc. $786,480.00
Shawnee, OK
Engineer’s Estimate $873,530.00
(39th Street from Harrison to Northridge)
All Roads Construction $141,337.00
Yukon, OK
T. J. Campbell $159,670.00
Oklahoma City, OK
APAC, Inc. $139,180.00
Shawnee, OK
Engineer’s Estimate $141,800.00
(Garretts Lake Road-Harrison to Leo, 2 miles)
All Roads Construction $448,947.00
Yukon, OK
T. J. Campbell $491,245.00
Oklahoma City, OK
APAC, Inc. $439,770.00
Shawnee, OK
Engineer’s Estimate $456,500.00
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to refer the bids received for the rehab asphalt streets project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
d. Sanitary Sewer Rehab Project, COS-PW-01-03 (open)
BIDDER AMOUNT
Midsouth Trenchless, Inc. $433,375.00
Cleveland, OH
Tom Allen Construction Co. $566,445.00
Edwardsville, IL
Krapff-Reynolds Construction Co. $390,725.00
Midwest City, OK
Jordan Contractors, Inc. $328,115.00
Tecumseh, OK
Urban Contractors, Inc. $214,725.00
Oklahoma City, OK
Heller Co., Inc. $432,292.00
Hot Springs, AR
Terra-Tech, LLC $337,725.00
Oklahoma City, OK
Wind Dancer Construction Co. $359,800.00
Pawnee, OK
Engineer’s Estimate $380,600.00
A motion was made by Commissioner Weaver, seconded by Commissioner Milburn, to accept staff’s recommendation to refer the bids received for the sanitary sewer rehab project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Weaver, Milburn, Downing, Claybrook, Harrod, Harden
NAY: None
e. Sanitary Sewer Repair Project, COS-PW-01-04 (open)
(Northridge Creek Crossing)
BIDDER AMOUNT
Downey Contracting LLC $44,400.00
Oklahoma City, OK
Krapff-Reynolds Construction Co. $44,580.00
Midwest City, OK
Jordan Contractors, Inc. $34,200.00
Tecumseh, OK
Central Contracting Services LLC $24,890.00
Oklahoma City, OK
Urban Contractors, Inc. $108,500.00
Oklahoma City, OK
Wind Dancer Construction Co. $31,000.00
Pawnee, OK
Winsett Construction Company $17,200.00
Shawnee, OK
Engineer’s Estimate: $26,200.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to accept staff’s recommendation to award the bid for sanitary sewer repair project (Northridge Creek Crossing) to Winsett Construction Company, Shawnee, Oklahoma, in the amount of $17,200.00 as the lowest and best bid. Motion carried.
AYE: Downing, Milburn, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 14: 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. 15: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Harrod commented about the citywide cleanup of the large items and asked staff how often it would be done.
Public Works Director James Cole responded by stating that this cleanup was for the one time. He reported that he thought the cleanup went reasonably well and he would have pictures of the large items collected by BFI for the Commission to see.
Mr. Cole stated that staff would evaluate this service for the future.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:47 p.m.)
AYE: Weaver, Downing, Claybrook, Harrod, Harden, Milburn
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 5, 2001 AT 7:30 P.M.
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 5, 2001 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 James Harrod
Commissioner Ward 1 Commissioner Ward 3
Bob Weaver Kermit Milburn
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Robert Pettyjohn
Commissioner Ward 2
INVOCATION Reverend Glen Pence
Hospice of Shawnee
FLAG SALUTE Mayor Harden
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. 13.
b. Minutes of October 15, 2001 meeting
c. Budget Amendments in the General Fund, Capital Improvement Fund, Gifts and Contributions Fund, Water Improvement District Fund and Street Improvement Fund
d. Budget Amendments in CDBG Entitlement Fund for FY-1995, 1996, 1997, 1998, 1999, 2000, and 2001. (Deferred from 10/15/01)
e. Transfer of Appropriations in the Library Fund, E-911 Fund, Capital Improvement Fund, and CDBG Entitlement Fund for FY-1995, 1996, 1997 and 1998
f. Acknowledge the following reports and minutes:
* General Fund Financial Statement as of September 30, 2001
* Shawnee Municipal Authority Financial Statement as of September 30, 2001
* Shawnee Municipal Authority Analysis of Collections for month of September, 2001
* City Clerk Report for the month of September, 2001
* Civic and Cultural Development Authority minutes of September 20, 2001 meeting
* Planning Commission minutes of October 3, 2001 meeting
* Traffic and Transportation Commission minutes of September 25, 2001
g. Lakesite Lease Transfer:
Lot 1 Hart Tract
From: Walker Butts (Deceased) To: John Bracklein
By & through Connie Butts 6616 Laurel Drive
Personal Representative Okla. City, OK 73162
7212 Green Meadow Lane &
Okla. City, OK 73132 Steven Bracklein
6821 Old Orchard Ln.
Okla. City, OK 73132
h. Acknowledge receipt of Superior Achievement Award from Oklahoma Good Roads and Transportation.
i. Acknowledge testimony presented to Congress by Emergency Management Director Don Lynch.
j. Approve out-of-state travel for two officers to attend training in Denton, Texas, November 5– 6, 2001.
k. Recommendations from the Traffic and Transportation Commission from the October 23, 2001 meeting:
1) Consider request from the Shawnee City Commission to study the Downtown Business District parking time limits to make them more uniform.
Recommendation: To approve request.
2) Consider request from Mr. Jim Miller, Bell & 34th Streets, to place “No Trucks Allowed” signs at Union and 34th Street.
Recommendation: To deny request.
3) Consider request from Ms. Connie Yandell, 501 E. Federal to place “No Trucks Allowed” sign on Federal Street.
Recommendation: To deny request. Also, have police take action for excessive speeding in the area.
4) Consider request from Chief Hank Land to install “No Parking” signs in the alley north of 616 S. Broadway to Beard Street.
Recommendation: To approve request with the change of wording to read “No Parking or Standing.”
5) Consider request from a concerned citizen to increase the speed limit from 35 m.p.h. to 40 m.p.h. on MacArthur Street from Bryan Street to Brangus Road.
Recommendation: To deny request.
l. Mayor’s Appointments:
Planning Commission
Appoint Pam Stephens to serve remaining term of Bob Surface to expire 6/1/02
Zoning Board of Adjustment
Appoint Ray Belford to a three-year term to expire 6/1/04
Appoint Linda Peterson to a three-year term to expire 6/1/04
Appoint Bill McClure to a three-year term to expire 6/1/04
Reappoint Jeremiah T. Nichol to a three-year term to expire 6/1/04
Citizens Advisory Board
Appoint Truman Carter to a three-year term to expire 5/3/04
Appoint Glenn Edwards to a three-year term to expire 5/3/04
Reappoint Pam Robinson to a two-year term to expire 5/3/03
Reappoint Marion McMillan to a two-year term to expire 5/3/03
Reappoint Janie Kirt Morris to a two-year term to expire 5/3/03
Annexation Committee
Appoint Commissioner Kermit Milburn to replace former Commissioner Brad Roach
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Consent Agenda Item No. 1 (a-l), inclusive, be approved. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Harden issued the following proclamations:
“Bob Downing Day”
November 8, 2001
(accepted by Vice Mayor Downing, retiring as Rotary Club secretary for 42 years)
“Oklahoma Heritage Week”
November 11-17, 2001
(accepted by Jeff Diamond)
AGENDA ITEM NO. 3: Presentation of award by President of Oklahoma Water Pollution Control Association to Charles Bell for Water Plant Operator of the Year.
Mr. Charles Gray, Immediate Past President of Oklahoma Water Pollution Control Association, presented Charles Bell an award honoring him as a recipient of the Stapley Award for Outstanding Water Treatment Plant Operator in the State of Oklahoma at the Oklahoma Water Pollution Control Association banquet on October 24.
Mr. Bell has worked at the Shawnee Water Treatment Plant since 1977. During the past two years he served as acting superintendent and was responsible for implementing new testing procedures. Also, he was responsible for maintaining a lengthy pilot plat project to determine a new treatment system to be implemented in Phase II of the plant improvements.
Mr. Bell was present to accept his award and expressed his appreciation for the award.
AGENDA ITEM NO. 4: Presentation by Andrew Dearth of Charter Communications concerning cable service rate changes.
Mr. Andrew Dearth, Charter Communications State Director of Operations for Oklahoma and Kansas presented information concerning the cable service rate increase.
The expanded basic service will increase by $3.00 per month effective December 1 and will affect the rate for channels 15-20 and 43-69.
He added that most of the customer base would not be affected and he estimated around 2,000 customers would be affected.
Mr. Dearth notified the Commission of the increase as provided in the charter.
No formal action was required by the Commission.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 4900 North Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for alcoholic beverage sales and consumption. (Applicant: Smith Pubs, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance rezoning located at 4900 North Harrison for use for alcoholic beverage sales and consumption.
It was noted the Planning Commission recommended approval of the request and there were no formal protests filed with the City Clerk.
Mayor Harden 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. 2027NS was introduced and the title read aloud.
Ordinance No. 2027NS 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 lying in the East Half of the Northeast Quarter (E/2 NE/4) of Section 31, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, being described as follows: Beginning at the Southeast Corner (SE/C) of the Northeast Quarter (NE/4) of Section 31, Township 11 North, Range 4 East; thence N00°40’04”E along the East line of said quarter section a distance of 864.10 feet; thence S89°56’01”W a distance of 71.29 feet; thence S05°35’22”W a distance of 9.40 feet to the true point of beginning, said point being on the west right-of-way line of State Highway 18; thence S88°30’36”W a distance of 133.40 feet; thence on a curve to the right having a radius of 1.60 feet (a chord bearing N48°48’87”W, chord length of 2.25 feet) an arc distance of 2.5 feet; thence N00°40’00”W a distance of 117.40 feet; thence S89°52’00”W a distance of 374.41 feet; thence S00°17’50”E a distance of 491.25 feet to a point on the north right-of-way line of Interstate Highway No. 40; thence N70°19’54”E along said north right-of-way line, a distance of 81.59 feet; thence on a curve to the right having a radius of 1582.39 feet (a chord bearing N77°52’02”E, a chord length of 415.02 feet) along said north right-of-way line a distance of 416.23 feet, to a point on the west right-of-way line of State Highway 18; thence N05°35’22”E along said west right-of-way line a distance of 263.20 feet to the true point of beginning, rezoning said property from C-3; Automotive and Commercial Recreation District to C-3P, Automotive and Commercial Recreation District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.
A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Harrod, Harden, Weaver, Milburn, Downing
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2027NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance dedicating property along Pecan Grove Road as a public use right-of-way.
Community Development Director Mike Southard stated that Pecan Grove Road is located near the Shawnee Twin Lakes area close to State Highway 102.
According to the agenda notes, in 1960 the City of Shawnee purchased seventeen feet of land in addition to the statutory sixty-six feet of right-of-way along Pecan Grove Road and the property was never dedicated as right-of-way and has caused the property to be landlocked. The title company has indicated that since no access agreement had been provided from this property to Pecan Grove Road, the title insurance cannot be provided. By dedicating the strip of land as right-of-way, the issue of access will become moot.
Ordinance No. 2028NS was introduced and the title read aloud.
Ordinance No. 2028NS entitled “An ordinance dedicating property located along Pecan Grove Road in the City of Shawnee, Pottawatomie County, Oklahoma as public use right-of-way; describing said property; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2028NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider request by Seawright Investments, Inc. to allow for a private fire hydrant in lieu of extending the utilities to serve the proposed construction site at Hardesty and SH-177 and to credit the PCDA for water used for fire suppression.
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, to approve the request of Seawright Investments, Inc. allowing for a private fire hydrant in lieu of extending the utilities to serve the proposed construction site at Hardesty and SH-177 and to credit the Pottawatomie County Development Authority (PCDA) for water used for fire suppression. Motion carried.
AYE: Weaver, Harrod, Harden, Milburn, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance amending Chapter 6, Article III, Sections 6-22 pertaining to the leasing of airport property.
Ms. Lori Bowlan, Assistant Airport Manager, presented the second part of her report regarding the rental rate structure at the airport.
She stated that over the last twelve years the City has received $9 million in grants from the Federal Aviation Administration and from those grants certain requirements needed to be met.
Ms. Bowlan stated that the grants would be coming to an end and FAA was working with the City to improve the rental rates to prepare the airport to be self-sustaining and at the same time be fair to those leasing airport property. Therefore, appraisals were conducted of all the airport leased property.
On the overhead visuals, Ms. Bowlan showed that there are currently 37 entities leasing Shawnee Airport land. There are five types of leases: commercial, community, official, land, and aviation. Among the eleven commercial leases, the ones concerned about at this time are the ones that the leases have or are about to expire which include Handcrafted Woodwork and Shawnee Pitt Stop. The community service leaseholder is the Shawnee Little Theatre.
Ms. Bowlan covered how the lease calculations methods were done in relation to the aviation related rates and the non-aviation related rates. Certain percentages would apply to the various types of leases and that percentage would be a percent of the total fair market leasehold value per year.
After Ms. Bowlan’s presentation, the Commission ensued in a lengthy discussion about how the appraisals were conducted, taking into account the two appraisers’ findings.
The discussion involved rate percentages ranging from four to ten percent of adjusted property value. Also, how much flexibility can or should the City give public service entities such as the Shawnee Little Theatre.
The revised ordinance was included in the agenda packet and the Commission reviewed the proposed changes. Some of the changes included that the city charge the appraised fair market leasehold value of the land and that lease rates be adjusted every five years based on fair market leasehold value as established by a qualified appraiser.
Also annual rental rates would be calculated by multiplying the
leasehold value of aviation and community property at 4 percent; agricultural property at 5 percent; and commercial property at 6 percent.
Continuing, the Commission recognized Mr. Ronny Jones, Managing Director of the Shawnee Little Theatre, who gave a history of the how the agreement between the City and the Shawnee Little Theatre came about. He explained that in 1975 the City Commission was interested in a cultural asset for the community and the Shawnee Little Theatre was formed made up of community volunteers.
Mr. Jones relayed that from the income the Theatre receives through ticket sales, there are many expenses involved in maintaining the operations of the Theatre
He stated that he felt the Shawnee Little Theatre had kept its end of the agreement by stating that the Theatre will open its 158th play this Friday.
In further discussions, there were questions about the appraisals and references made about the School Land Commission appraisal comparisons.
Concluding, since there were still questions about this complicated issue, the following motion was made.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to table this item to the next meeting to gather more information about the proposed percentage rate increases; request the appraisers to attend the meeting to give their reports; clarify the School Land Commission comparisons; and re-analyze the community service leases to determine what in-kind services could be offered. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 9: Consider an Amendment to Lease Agreement between City and Leonard M. Taron, Joseph E. Taron and Denis M. Taron.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to approve Assistant Airport Manager Lori Bowlan’s request to defer the amendment to lease agreement between the City and Leonard M. Taron, Joseph E. Taron, and Denis M. Taron to the next meeting. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Milburn, Claybrook
NAY: None
AGENDA ITEM NO. 10: Consider authorizing staff to advertise for request for proposals for Fixed Base Operator at Shawnee Municipal Airport.
Ms. Bowlan was verbally notified two weeks ago by Mr. Mark White, owner of Air Flite, Inc. at the Shawnee Municipal Airport and the City’s Fixed Base Operator for the past 12 years, advising he would be resigning from the FBO position.
Mr. Mark White appeared before the Commission to explain that over the last couple months since the airport has been closed for repairs, he has looked at his company’s liability, and he stated as the FBO, it is in his company’s best interest to resign as the Fixed Base Operator.
Mr. White told the Commission that he would work with the airport staff in the process to appoint the FBO and he thanked the City Commission and the City/Airport Manager for all their support in the last twelve years.
A motion was made by Commissioner Harrod, seconded by Commissioner Claybrook, to authorize staff to advertise for request for proposals for Fixed Base Operator at Shawnee Municipal Airport. Motion carried.
AYE: Harrod, Claybrook, Harden, Weaver, Milburn, Downing
NAY: None
AGENDA ITEM NO. 11: Update on employee health insurance and alternatives.
Mr. James Roberts, Director of Public Safety and Administration, reported about the City’s employee health insurance. He explained about the troubled State Education and Employment Group Insurance Plan the City is currently using. The state plan now has problems with rising costs and decreasing insurance choices.
He stated that when the City joined the state plan, there was a choice of six HMOs and an indemnity plan; but that has decreased. He cautioned that if the City chose to leave the state plan it could not return.
He offered the option for the Commission to consider would be to go to a self-insured plan. He had conducted a survey of cities that are self-insured and he received positive feedback. He stated that this would give the City and employees more control.
Upon hearing the options, it was the consensus of the Commission that Mr. Roberts solicit proposals from third-party administrators and report his findings at the next meeting.
THE COMMISSION TOOK A SHORT BREAK (9:23 P.M. TO 9:29 P.M.) TO ALLOW CHANGING OF THE VIDEOTAPE. THE MEETING RECONVENED WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 12: Consider increasing the audit services provided by Crawford & Associates to include the preparation of the Comprehensive Annual Financial Report.
City Treasurer/Finance Director Jim Wilsie explained that with the software transition and changes in staff, he requested the Commission to consider exercising the option of approving a change in the level of service provided by Crawford & Associates, the City’s auditor, to include the audit report preparation.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to approve increasing the audit services provided by Crawford & Associates to include the preparation of the Comprehensive Annual Financial Report. Motion carried.
AYE: Downing, Claybrook, Harrod, Harden, Weaver, Milburn
NAY: None
AGENDA ITEM NO. 13: Consider Bids.
a. One 30 HP 4-Wheel Drive tractor with Front Loader and 54 inch box blade (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, that the bid for the one 30 hp 4-wheel drive tractor with front loader and 54 inch box blade be awarded to Dinsmore Tractor Sales, Shawnee, Oklahoma, in the amount of $12,308.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Harrod, Weaver, Milburn, Downing, Claybrook, Harden
NAY: None
b. One 2002 Pothole Patching Truck (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the bid for the one 2002 pothole patching truck be awarded to H. D. Industries, Inc., Shawnee, Oklahoma, in the amount of $88,565.00 as the lowest and best bid meeting specifications. Motion carried.
AYE: Downing, Weaver, Milburn, Claybrook, Harrod, Harden
NAY: None
c. Rehab Asphalt Streets Project, COS-PW-01-02 (open)
(Golden Acres Subdivision & other locations)
BIDDER AMOUNT
All Roads Construction $904,107.00
Yukon, OK
T. J. Campbell $949,540.00
Oklahoma City, OK
APAC, Inc. $786,480.00
Shawnee, OK
Engineer’s Estimate $873,530.00
(39th Street from Harrison to Northridge)
All Roads Construction $141,337.00
Yukon, OK
T. J. Campbell $159,670.00
Oklahoma City, OK
APAC, Inc. $139,180.00
Shawnee, OK
Engineer’s Estimate $141,800.00
(Garretts Lake Road-Harrison to Leo, 2 miles)
All Roads Construction $448,947.00
Yukon, OK
T. J. Campbell $491,245.00
Oklahoma City, OK
APAC, Inc. $439,770.00
Shawnee, OK
Engineer’s Estimate $456,500.00
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept staff’s recommendation to refer the bids received for the rehab asphalt streets project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Milburn
NAY: None
d. Sanitary Sewer Rehab Project, COS-PW-01-03 (open)
BIDDER AMOUNT
Midsouth Trenchless, Inc. $433,375.00
Cleveland, OH
Tom Allen Construction Co. $566,445.00
Edwardsville, IL
Krapff-Reynolds Construction Co. $390,725.00
Midwest City, OK
Jordan Contractors, Inc. $328,115.00
Tecumseh, OK
Urban Contractors, Inc. $214,725.00
Oklahoma City, OK
Heller Co., Inc. $432,292.00
Hot Springs, AR
Terra-Tech, LLC $337,725.00
Oklahoma City, OK
Wind Dancer Construction Co. $359,800.00
Pawnee, OK
Engineer’s Estimate $380,600.00
A motion was made by Commissioner Weaver, seconded by Commissioner Milburn, to accept staff’s recommendation to refer the bids received for the sanitary sewer rehab project to staff for review and recommendation at the next meeting. Motion carried.
AYE: Weaver, Milburn, Downing, Claybrook, Harrod, Harden
NAY: None
e. Sanitary Sewer Repair Project, COS-PW-01-04 (open)
(Northridge Creek Crossing)
BIDDER AMOUNT
Downey Contracting LLC $44,400.00
Oklahoma City, OK
Krapff-Reynolds Construction Co. $44,580.00
Midwest City, OK
Jordan Contractors, Inc. $34,200.00
Tecumseh, OK
Central Contracting Services LLC $24,890.00
Oklahoma City, OK
Urban Contractors, Inc. $108,500.00
Oklahoma City, OK
Wind Dancer Construction Co. $31,000.00
Pawnee, OK
Winsett Construction Company $17,200.00
Shawnee, OK
Engineer’s Estimate: $26,200.00
A motion was made by Vice Mayor Downing, seconded by Commissioner Milburn, to accept staff’s recommendation to award the bid for sanitary sewer repair project (Northridge Creek Crossing) to Winsett Construction Company, Shawnee, Oklahoma, in the amount of $17,200.00 as the lowest and best bid. Motion carried.
AYE: Downing, Milburn, Claybrook, Harrod, Harden, Weaver
NAY: None
AGENDA ITEM NO. 14: 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. 15: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Harrod commented about the citywide cleanup of the large items and asked staff how often it would be done.
Public Works Director James Cole responded by stating that this cleanup was for the one time. He reported that he thought the cleanup went reasonably well and he would have pictures of the large items collected by BFI for the Commission to see.
Mr. Cole stated that staff would evaluate this service for the future.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the meeting be adjourned. Motion carried. (9:47 p.m.)
AYE: Weaver, Downing, Claybrook, Harrod, Harden, Milburn
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
_______________________________
CITY CLERK
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