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, January 3, 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
Chaplain, Unity Health Center
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in agenda item No. 6.
b. Minutes of the December 16 and December 20, 2004 meetings.
c. Acknowledge the following reports and minutes:
* Warrant Officer report for the month of December, 2004 and year end report for 2004.
* Civic and Cultural Development Authority minutes from the November 18, 2004 meeting
* Shawnee Urban Renewal Authority minutes from the December 7, 2004 meeting
d. Lakesite Lease Renewals:
Lot 5, Magnino Tract
Dean & Sylvia Orr
1730 Ensey Terrace
Mustang, OK 73064
Lot 6, Belcher Tract
Carol Kaye Hopkins
33210-A Lake Road
Shawnee, OK 74801
Lot 22, Belcher Tract
G.J. & Cecilia Engel
18A Post Office Neck
Shawnee, OK 74801
Lot 13, Damron Tract
Jerry Knox & Monty Garner
15600 Highway 102
Shawnee, OK 74801
e. Acknowledge Workers’ Compensation settlement to Randall Newton in the amount of $623.31.
f. Acknowledge Workers’ Compensation settlement to Ken King in the amount of $18,480.00.
g. Acknowledge Workers’ Compensation settlement to Thomas Pringle in the amount of $21,330.00.
h. Authorize staff to advertise for bids for MacArthur Street waterline project.
i. Authorize staff to advertise for bids for Cleveland Street sanitary sewer project.
j. Approve Oklahoma Municipal Retirement Fund lump sum distribution to David Talton.
k. Mayor’s Appointment:
Convention and Visitor’s Bureau
Appoint Loretta Grove to a term to expire 6/30/06
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Consent Agenda Item No. 1 (a-k), inclusive, be approved. Motion carried. 7-0
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation.
Prior to the presentation of certificates, Mr. Arthur Scrutchins, member of the reserve officers team, gave a brief history of the voluntary peace officers program since its inception in 1989 under the leadership of Police Chief Raymond Overton. He detailed the requirements the officers must complete that are acceptable to the Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation.
Next, City Manager Jim Collard presented certificates of appreciation to the following reserve officers recognizing them and their program: Arthur Scrutchins, Sergeant, Reserve Coordinator, Chaplain; Sean Gilpin, Reserve Officer; Chad Pope, Reserve Officer (was unable to attend); Steve Huffman, Reserve Officer; and Glen Collins, Lake Officer with Reserve Commission.
In attendance in support of the reserves were Shawnee Police Lieutenants Garry Young, Tom Hennigh, and Roy Gribble.
AGENDA ITEM NO. 3: Consider request from Mayor Gary Stell, Town of Meeker, to adjust amount owed due to water rate increase.
City Treasurer Becky Cragin addressed the Commission giving the history of the City’s long-term agreement of selling water to Meeker. The request from Mayor Gary Stell, Town of Meeker was to ask that Meeker be forgiven of the $7,217.64, based on its assertion that proper notice was not given when the water rate increase by thirty percent (30%) was passed in July 2004. (Note: The Town of Meeker received the same notice as all city residents and other users by contract.)
The Town of Meeker had paid the entire amount and suggested that making the adjustment on its January billing would provide ample time for Meeker to initiate a rate increase for its customers. Mayor Gary Stell was in attendance but chose not to speak.
In the city treasurer’s report, she stated that the city’s management team came up with three options: 1) provide no relief; 2) provide an extension to pay; or 3) give credit as an emergency relief.
City Treasurer Becky Cragin reported that the management team recommended the option of providing no relief.
Upon discussion, although the city wanted to be “good neighbors,” there was concern about the legalities of state law requirements that municipalities spend their funds on projects that benefit citizens and forgiving or giving credit would essentially be a gift.
City Manager Jim Collard also voiced concern with the precedence and legalities that a credit would present.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to accept the management team’s recommendation to provide no relief or credit to the Town of Meeker for water usage due to the rate increase. Motion carried.
AYE: Schrzan, Peterson, Claybrook, O’Neal, Mills, Hadley
NAY: None
ABSTAIN: Downing
AGENDA ITEM NO. 4: Consider an ordinance establishing an administrative fee for beginning the process of disconnecting water service.
City Clerk Diana Hallock and Billing Supervisor Rachel Reavis explained to the Commission that the proposed ordinance would be a deterrent of repeat customers who are late payers or are failures to pay their water bill. The overhead costs have risen and the process of disconnecting water service has become a burden to the staff.
Ordinance No. 2189NS was introduced and the title read aloud.
Ordinance No. 2189NS entitled “An ordinance relating to fees charged for commencing the process of disconnecting water service; creating a new section of law codified at Section 26-231(d), Division 4, Article III, Chapter 26 of the Code of the City of Shawnee; establishing an administrative fee that becomes due when the process of disconnecting water service has been started by the Shawnee water department, regardless of whether the customer’s bill is paid prior to actual disconnection of water service; providing
for severability; and declaring an emergency.”
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, that the title and Sections 1-2, be approved. Motion carried.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
The motion and second on Section 3, the emergency clause, were withdrawn to allow time for notification to the customers.
Thereupon Mayor Mills declared Ordinance No. 2189NS duly passed and adopted and in effect thirty days (30) from this date.
AGENDA ITEM NO. 5: Consider temporary easement and indemnification agreement between City and Anchor Housing XI.
Community Development Director Mike Southard informed the Commission that Anchor Housing XI, developer of the Legacy Park Apartment complex, has proposed to improve public property in lieu of on-site detention. The purpose would be to improve an existing storm sewer detention pond; and once the complex has been constructed will not affect properties downstream..
The drainage basin extends across the airport property around Federal Street and will drain into the existing storm sewer leading to Kickapoo Spur.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve the temporary easement and indemnification agreement between the City and Anchor Housing XI for the excavation and construction of a storm sewer detention area and drainage improvements in the
area identified by staff. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 6: Consider Bids.
a. Sewer Rehab Project FY 04-05 (Award)
City Engineer John Krywicki explained that the recommended award in the amount of $450,838.40 to Jordan Contractors, Inc. would be above the budgeted amount of $400,000; and he recommended that if awarded to this contractor, a change order would follow at the next meeting to lower the contract amount to the budgeted amount.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to award the sewer rehab project FY 04-05 bid to Jordan Contractors, Inc., Tecumseh, Oklahoma, in the amount of $450,838.40 as the lowest and best bid with the understanding that a change order for the amount to be within the budget would be presented at the next meeting. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
b. 4-Wheel Drive Backhoe/Loader (Open)
BIDDER AMOUNT
C. L. Boyd Company, Inc. $69,900.00
Oklahoma City, OK
OCT Equipment, LLC $71,401.00
Oklahoma City, OK
The G. W. Van Keppel Co. $62,262.00
Kansas City, KS
Warren Cat $81,250.00
Oklahoma City, OK
A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the bids for the 4-wheel drive backhoe/loader be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
c. 27” Raw Water Line Repair Project (Open)
BIDDER AMOUNT
McKee Utility Contractors, Inc. $159,000.00
Prague, OK
Central Contracting Services, Inc. $ 75,960.00
Oklahoma City, OK
Urban Contractors, Inc. $146,650.00
Oklahoma City, OK
Krapff Reynolds Construction Co. $116,700.00
Oklahoma City, OK
Westchester Development Co. $135,420.00
Shawnee, OK
W. N. Couch, Inc. $160,050.00
Tulsa, OK
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the bids for the 27” raw water line repair project be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Schrzan, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 7: 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.
AGENDA ITEM NO. 8: Administrative Reports.
Under Administrative Reports, City Engineer John Krywicki reported that construction on road projects were on hold due to holidays and rain; and staff started the design on the MacArthur to 45th to Brangus Road.
Community Development Director Mike Southard reported on the Regional Park grant application and scheduled public hearings; Mr. Mehagan’s appeal of city’s decision to District Court regarding public nuisance property at 304 South Leo (petting zoo); and review of design proposals for the skate park due later in the week.
COMMISSIONER HADLEY OUT OF ROOM AT 6:28 P.M. AND RETURNED AT 6:30 P.M.
AGENDA ITEM NO. 9: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)
Mr. Ron Pentecost, BFI Regional Manager, expressed gratitude and appreciation to the City of Shawnee and citizens for all the condolences received due to the traffic accident resulting in the death of two employees in December.
AGENDA ITEM NO. 10: Commissioners Comments.
Under Commissioners Comments, Mayor Mills issued a public request to citizens to fill positions on the boards, committees, and commissions of the City. For example, the Shawnee Urban Renewal Authority, Shawnee Airport Advisory, and Traffic & Transportation Commission were some of the boards that have or would have vacancies.
AGENDA ITEM NO. 11: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried. (6:39 p.m.)
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
____________________________
DIANA HALLOCK, CITY CLERK
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