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, December 20, 1999 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 Melanie New Baha’i Faith
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. 7.
b. Minutes of December 6, 1999 meeting
c. Transfer of Appropriations in General Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of November 30, 1999
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of December, 1999
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of November, 1999
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of November, 1999
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of November, 1999
* Utility Division Report for the month of November, 1999
* Building Inspector Report for the month of November, 1999
* Municipal Court Report for the month of November, 1999
* Shawnee Police Report for the month of November, 1999
* City Clerk Report for the month of November, 1999
* Shawnee Community Center Report for the month of November, 1999
* Sister Cities Council minutes of September 14 and October 12, 1999 meetings
e. Lakesite Lease Renewal:
Lot 2 Bodkin Tract
James B. Falter
1115 Swan Lake Road
Edmond, OK 73003
f. Acknowledge regular meeting schedule for calendar year 2000 for City Commission and related authorities
g. Authorize staff to advertise for bids for milling and resurfacing of various street projects
h. Accept letter of resignation from Buddy Henderson from the Shawnee Urban Renewal Authority Board
i. Approve the reappointment of Larry Smith to the Shawnee Industrial Authority Board of Trustees to a term to expire 7/16/05
A motion was made by Commissioner Winrow, seconded by Vice Mayor Downing, to approve Agenda Item No. 1 (a-i). Motion carried.
AYE: Winrow, Downing, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentation.
Mayor Harden issued the following proclamation:
“Universal Hour of Peace”
January 1, 2000 at 6:00 A.M. C.S.T.
Mayor Harden presented a plaque of appreciation for 28 years of service to Mr. Ray H. Quackenbush as a member of the Shawnee Urban Renewal Authority Board.
Mr. Quackenbush was present to accept and thanked the Commission and City for allowing him to serve on the SURA Board.
AGENDA ITEM NO. 3: Consider an ordinance amending the penalty for persons driving under the influence of alcohol and amending the proof required for persons under 21 years of age.
Ordinance No. 1952NS was introduced and the title read aloud.
Ordinance No. 1952 entitled “An ordinance concerning the offense of driving under the influence of alcohol or intoxicating liquor by persons under twenty-one years of age; amending Sections 16-117 and 16-119, Article IV, Chapter 16 of the Code of the City of Shawnee, Oklahoma; making it unlawful for any person under the age of twenty-one years to drive, operate or be in actual physical control of a motor vehicle while that person has any measurable quantity of alcohol in that person’s blood or breath at the time of testing; providing penalty for all persons; providing for severability, and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Claybrook
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Ordinance No. 1952NS duly passed and approved.
AGENDA ITEM NO. 4: Consider approval of contract with the National League of Cities concerning downtown strategic plan.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve the contract with the National League of Cities regarding downtown strategic plan. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow
NAY: None
AGENDA ITEM NO. 5: Consider an emergency resolution authorizing the city attorney to levy a judgment of the Workers Compensation Court of the State of Oklahoma entered in favor of Calvin McCalip and against the City of Shawnee in the amount $146,000.00.
Budget/Finance Director Jim Wilsie presented a written explanation for the emergency resolution authorizing payment of a $146,000.00 Workers Compensation Court judgment against the City of Shawnee by means of a three-year property tax levy.
The state Workers Compensation Court recently awarded Calvin A. McCalip, former city parks department employee, a $150,000.00 judgment against the City.
The City paid Mr. McCalip $4,000.00, and the remainder ($146,000.00) will be levied as property tax on the citizens of Shawnee. One-third is to be paid on each June 15, beginning in 2001 and ending in 2003.
Mr. Wilsie listed the City’s options as follows:
1) Transfer funds from the contingency account of the General Fund
2) Cut the budget in other areas (lay off employees)
3) Deplete the fund balance in the General Fund
4) Place the judgment on the tax rolls
Mr. Wilsie stated that the contingency account does not have enough money to fund the large claims the City is facing.
Cuts of the magnitude necessary to fund these claims would result in employee layoffs and a corresponding reduction of services.
It was Mr. Wilsie’s opinion that depletion of the General Fund should only be done when all other options have been exhausted; and placing Mr. McCalip’s judgment and others pending (Jeff Rodgers) on the tax rolls is the best solution to the current funding problems.
Resolution No. 6056 was introduced and the title read aloud.
Resolution No. 6056 entitled “An emergency resolution authorizing the City Attorney to levy a judgment of the Workers’ Compensation Court of the State of Oklahoma entered in favor of Calvin A. McCalip and against the City of Shawnee in the amount of $146,000.00 providing that this judgment will be levied pursuant to 62 O.S. d365.1 – 365.6; and approving an agreement acknowledging such judgment, providing for the payment of such judgment in exchange for the City’s promise to repay such judgment from collected tax levies; declaring an emergency.”
A motion was made by Commissioner Claybrook that a $1.7 million surplus “built into the budget to take care of things like this that might occur” be used instead of increasing taxes.
The motion died for lack of a second.
A motion was made by Commissioner Young, seconded by Commissioner Gillham, that the Title and Resolution be approved. Motion carried.
AYE: Young, Gillham, Winrow, Downing
NAY: Claybrook, Harden
Thereupon Mayor Harden declared Resolution No. 6056 duly passed and adopted.
AGENDA ITEM NO. 6: Consider a resolution approving the incurring of indebtedness by Shawnee Industrial Authority for the Shawnee Conservation District building project; waiving competitive bidding and declaring an emergency.
Mr. Bob Jones appeared on behalf of the Shawnee Industrial Authority to explain the details of the Shawnee Conservation Building Project and to answer any questions from the Commission.
He stated that currently the financing for the project is in place and approval for a lease purchase agreement was needed to complete the project. He further stated that the financing term will be for 20 years and that there will be no liability against the City of Shawnee.
In response to a question by Commissioner Claybrook, Mr. Jones said that the building that will house the Shawnee Conservation District is an existing building, the former employment office on 9th Street.
Resolution No. 6057 was introduced and the title read aloud.
Resolution No. 6057 entitled “A resolution approving the incurring of indebtedness by Shawnee Industrial Authority; waiving competitive bidding thereon; and declaring an emergency.”
A motion was made by Commissioner Young, seconded by Commissioner Claybrook, that the Title and Resolution be approved. Motion carried.
AYE: Young, Claybrook, Gillham, Harden, Winrow, Downing
NAY: None
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Section 2, the emergency clause, be approved. Motion carried.
AYE: Downing, Young, Harden, Winrow, Claybrook, Gillham
NAY: None
Thereupon Mayor Harden declared Resolution No. 6057 duly passed and adopted.
AGENDA ITEM NO. 7: Consider Bids.
a) Industrial Park Sanitary Sewer Extension (award)
A motion was made by Commissioner Gillham, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for the Industrial Park Sanitary Sewer Extension to Central Contracting Services, LLC, Shawnee, Oklahoma in the amount of $17,225.00. Motion carried.
AYE: Gillham, Young, Harden, Winrow, Downing, Claybrook
NAY: None
The following bids was opened, read aloud and found to be as follows:
b) Worker’s Compensation Claim Actuarial Study (open)
By The Numbers Actuarial $1,500 - $2,500
Brentwood, TN
Milliman & Robertson $5,000 - $6,000
Brookfield, WI
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the bids for the Worker’s Compensation Claim Actuarial Study be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Downing, Winrow, Claybrook, Gillham, Young, Harden
NAY: None
c) Rehab Concrete Streets Project (open)
BIDDER AMOUNT
S.E.A. Construction Corp. $349,090.00
Edmond, OK
ML Young Construction, Inc. $453,224.00
Edmond, OK
Krapff-Reynolds Construction Co. $331,430.00
Midwest City, OK
Winsett Concrete Construction $294,990.00
Shawnee, OK
Vantage Paving, Inc. $324,328.00
Oklahoma City, OK
McBride & Sons Const. Co. $384,030.00
Guthrie, OK
BJP Enterprises, Inc. $353,465.92
Guthrie, OK
Rudy Construction Co. $369,050.00
Oklahoma City, OK
ENGINEER’S ESTIMATE $373,130.00
A motion was made by Commissioner Gillham, seconded by Commissioner Claybrook, that the bids for the Rehab Concrete Streets project be deferred to staff for review and recommendation at the next City Commission meeting. Motion carried.
AYE: Gillham, Claybrook, Young, Harden, Winrow, Downing
NAY: None
AGENDA ITEM NO. 8: New Business.
There was no New Business to be considered.
AGENDA ITEM NO. 9: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Dr. Basheer Badiei appeared to thank the Commission for allowing Baha’i to open the meeting with prayer and gave a brief explanation of the principles of the Baha’i faith.
He offered to help the City in anyway possible and extended his hand in friendship.
AGENDA ITEM NO. 10: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 11: Commissioners’ Comments.
There were no Commissioners’ Comments.
AGENDA ITEM NO. 12: Adjournment.
There being no further business to come before the meeting, a motion
was made by Vice Mayor Downing, seconded by Commissioner Young, that the meeting be adjourned. Motion carried.
AYE: Downing, Young, Harden, Winrow, Claybrook, Gillham
NAY: None
_____________________________
MAYOR
(SEAL)
ATTEST:
__________________________
CITY CLERK
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