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Date: 11/4/2002Board: City CommissionDocumentType: MinutesWeb Posted: 11/20/2002 8:51:00 AM




BOARD OF CITY COMMISSIONERS PROCEEDINGS

NOVEMBER 4, 2002 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 4, 2002 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 Bob Weaver
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor

INVOCATION Reverend Bob Searl
University Baptist Church
FLAG SALUTE

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Minutes of the October 21, 2002 meeting

b. Budget Amendments in 2001 CDBG Entitlement Fund, 2000 CDBG Entitlement Fund, 1999 CDBG Entitlement Fund, 1998 CDBG Entitlement Fund, 1997 CDBG Entitlement Fund, 2001 Home Grant Fund and General Fund.

c. Transfer of Appropriations in Capital Improvement Fund.

d. Acknowledge the following report and minutes:

* Civic and Cultural Development Authority minutes from
the September 19, 2002 meeting.

* Traffic and Transportation minutes from the August 27, 2002 meeting.

* Shawnee Urban Renewal Authority minutes from the October 8, 2002 meeting.

e. Acknowledge letter to Hank Land from Teresa Findley expressing appreciation to Shawnee police for their kindness and prompt response time in assisting her mother.

f. Acknowledge Oklahoma Good Roads and Transportation Association Superior Achievement Award for 2002.

g. Authorize staff to advertise for bids the FY 2002-2003 Rehab Sanitary Sewer Project (Pipe-Bursting).

h. Acknowledge Order for Payment of Medical Expenses from Workers’ Compensation Court concerning Jeffrey A. Rodgers.

i. Recommendations from the Traffic and Transportation Commission from their October 22, 2002 meeting.

1) Request from Mr. Stan Kroeling, 1603 E. Walnut, to install a “No Parking” sign on Lindale Street from 7th Street to Walnut and the south side of the 1400 – 1600 block of Walnut Street.

Recommendation: To approve request.

2) Request from Mr. Adam Gokey, 218 S. Pottenger, to install “Child at Play” sign on South Pottenger.

Recommendation: To deny request.

3) Request from Mr. Gary Serena, Shawnee, to install a “School Bus Stop” sign at 45th and Burning Wood housing addition.

Recommendation: To deny request.

4) Request from Dan & Charlotte Davis, 127 S. Center, to install a “Handicap Parking” sign along the curb in front of their residence.

Recommendation: Item withdrawn at citizens’ request.

5) Request from Jason & Paula Welliver, 1410 N. Minnesota, to install a “Sharp Curve” sign on Minnesota Street.

Recommendation: Approved 90-degree curve sign and speed advisory sign.

6) Request from Rocky Arrington, 2600 N. Union, to paint crosswalk on Union across from school driveway.

Recommendation: To deny request.

7) Request from James Thorpe, 521 N. Beard, to reduce speed limit on Beard Street north of Highland Street from 30 m.p.h. to 25 m.p.h.

Recommendation: To deny request.

8) Request from James Thorpe, 521 N. Beard, to install a “Child at Play” sign as there are two mentally challenged children at this address.

Recommendation: Approve installation of “Handicapped Children” advance warning sign.

9) Consider request from Public Works staff to change traffic signals on Main Street during night operation to flash red all directions or normal green, yellow and red operation instead of flashing red on side streets and yellow on+ Main Street.

Recommendation: Approve to change traffic signals to normal green, yellow and red operation 24 hours per day.

A motion was made by Commissioner Pettyjohn, seconded by Commissioner Weaver, that Consent Agenda Item No. 1 (a-i), inclusive, be approved as presented. Motion carried.
AYE: Pettyjohn, Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamation.

Mayor Harden issued the following proclamation:

“National Hospice Month”
November, 2002
(accepted by Susan Ward)

AGENDA ITEM NO. 3: Consider an ordinance prohibiting parking on Lindale Street from 7th Street to Walnut Street and the 1400 – 1600 block of Walnut Street (south side).

The following ordinance was a follow up to the Traffic and Transportation Commission’s recommendation that was approved by the Commission under the consent agenda earlier in the meeting.
Ordinance No. 2074NS was introduced and the title read aloud.

Ordinance No. 2074NS entitled “An ordinance amending Section 16-138, Chapter 16, Article V of the Code of the City of Shawnee, Oklahoma; providing for no parking on portions of certain streets; naming said streets; designating the portions where parking is prohibited and other conditions relating to parking; and declaring an emergency.”

A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook, Pettyjohn
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, Peterson, Claybrook
NAY: Pettyjohn

Thereupon Mayor Harden declared Ordinance No. 2074NS duly passed and adopted.
AGENDA ITEM NO. 4: Consider amendment to contract with Garver Engineers for engineering services for Phase 2 Water Treatment Plant Improvements.

It was staff’s recommendation to amend the contract with Garver Engineers to include additional services that was not included in the initial contract.
Mr. Kirby Rowland, engineering consultant of Garver Engineers, identified additional improvements that are required in Phase II of the Water Treatment Plant improvements.
The design engineering services shall include the following additional improvements:
1) addition of sulfuric acid feed for pH control of the influent;
2) addition of a screening structure at the mid-wall of the pre-sedimentation basins; and
3) additional pipeline work for improved influent and effluent capacity at the pre-sedimentation basins.

It was noted that the additional fee would not exceed $13,500 above the original contract amount making the contract amount $198,500.00.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to approve Amendment No. 1 to the contract with Garver Engineers, LLC for additional engineering services for Phase II Water Treatment Plant Improvements increasing the contract amount to $198,500.00. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Pettyjohn, Harden, Weaver
NAY: None

AGENDA ITEM NO. 5: Consider confirmation of emergency declaration by City Manager to repair sludge pump at Northside Wastewater Treatment Plant.

Public Works Director James Cole reported that the sludge pump at the Northside Wastewater Treatment plant failed and staff was requesting approval for emergency repairs to be done by PGS, Inc.
He informed the Commission that a quote was obtained from PGS Inc. in Tulsa to rebuild the pump for approximately $9,800.00.
He advised that other quotes were requested with some too high and others would not give a quote without looking at the pump; and the pump manufacturer no longer did business in this area.
It was staff’s concern that failure to make timely repairs could result in the upset of the treatment process and possible violation of the requirements of our OPDES permit.

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to confirm City Manager Terry Powell’s declaration that an emergency exist and repairs be made to the Northside Wastewater Treatment Plant sludge pump. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

AGENDA ITEM NO. 6: Consider Bids.

a. 3,000 Gram/Hour Negative Pressure Ozone Generating System (award)

Before voting on this item, Mr. Kirby B. Rowland, Vice President and Manager of the Environmental Division for Garver Engineers, LLC of Little Rock, Arkansas, the consulting firm hired by the City, first gave an overview of what had transpired to-date about the need for improving the treatment of the city’s drinking water and why they were making their recommendation on the company to award the bid.
He reported that the Environmental Protection Agency (EPA) has taken a stringent approach to enforcing regulations for cities to improve on water treatment and Shawnee has received Consent Orders from EPA to make those improvements by 2004.
He informed the Commission that the consent orders had been amended by the Oklahoma Department of Environmental Quality to allow implementation of the ozonation treatment process.
Mr. Rowland gave a thorough explanation of the technical aspects of the process, in which his firm was recommending to use the negative pressure system, and he explained about the installed cost of the equipment.
He had a handout that compared the two bidders out of three and the recommendation was to award the bid to Ozone Technology, Inc. of Tyler, Texas, the higher bid, as opposed to Ozonia of Elmwood Park, New Jersey, the lower bid.
Mr. Rowland presented factors for consideration of the two bidders that included the following:
Ozone Technology, Inc.
*original OTI price (submitted during pre-disinfection technical memorandum review) was $786,000. Competitive bids brought OTI’s price down $46,140 to $739,860.00
*OTI bid the specified equipment, air preparation system, 3 skid mounted ozonators, and turbine injectors.
*OTI has several negative pressure systems in the United States and all parts are available “off-the-shelf.”

Ozonia
*Ozonia has no negative pressure systems in the United States
*air preparation and ozonation equipment all in one cabinet. The system requires 6 cabinets versus 3 skid units specified
*Venturi injection system bid in lieu of specified turbine injectors with a cost difference of $92,000.
The approximate cost of a turbine injection system (3 units) is $120,000 and approximate cost of a venture injection system (3 units) is $28,000.

Mr. Rowland also distributed a cost breakdown of the equipment bid, construction cost, and present worth. On a 20-year present worth basis comparing both units with the specified turbine injectors, there is a 3.95% difference between Ozonia and OTI.
The total cost for OTI was $l,730,000 that included the equipment bid; construction cost, and ten percent contingency; and total cost for Ozonia was $1,553,000.
City staff noted that there was $2,572,000 budgeted for the Water Treatment Plant Phase II improvements that included the control system.
After hearing Mr. Rowland’s recommendation, the Commission discussed reasons for considering the negative pressure ozone system as recommended by the consulting firm.

A motion was made by Commissioner Claybrook, seconded by Commissioner Harrod, to approve purchasing the 3000 Gram/Hour Negative Pressure Ozone Generating System from Ozone Technology Inc., Tyler, Texas, in the amount of $739,860, based on bid specifications and by incorporating all the reasons given by the consultant. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing
NAY: None

b. One Snow Plow (award)

A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to award the bid for one snow plow to Truck Quip, Tulsa, Oklahoma, in the amount of $5,905.00 as the lowest and best bid. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
NAY: None

c. Two Salt Spreaders with Liquid De-Icing Solution (award)

Public Works Director James Cole reported that staff was recommending to award the bid to the next lowest bidder since the lowest bidder, Truck Quip, did not meet the de-icing specifications.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to award the bid for the two salt spreaders with liquid de-icing solution to All Wheel Drive Equipment, Tulsa, Oklahoma in the amount of $14,271.48 as the best bid incorporating staff’s reasons for the award. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Weaver, Peterson
NAY: None





d. YMCA Parking Lot Improvements (award)

City Engineer John Krywicki referred to the bid tabulations in the agenda packet and advised that he had requested bids for both Phase I and II of the YMCA parking lot improvements.
He stated that although he had budgeted for Phase I only in this year’s budget, there were funds available from last year’s carryover for new streets that could be used for Phase II improvements to be done at the same time as the first phase.
The recommended bid breakdown of the Phases were $92,583.40 for Phase I and $53462.30 for Phase II.
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the bid for the YMCA parking lot improvements be awarded to All Roads Paving, Inc., Oklahoma City, Oklahoma in the amount of $146,045.70 as the lowest and best bid for road construction for Phase I and Phase II as recommended by the city engineer. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Pettyjohn, Harrod, Harden
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)

City Engineer John Krywicki informed the Commission that the bid opening for the water and sewer line relocation project on North Harrison Street was to have been opened this night, but since the item was inadvertently omitted from the agenda, he requested that the Commission authorize opening the bids at the November 18, 2002 meeting.
A motion was made by Commissioner Peterson, seconded by Vice Mayor Downing, to approve opening the bids on the Water and Sewer Line Relocation Project on North Harrison/State Highway 18 at the next City Commission meeting of November 18, 2002. Motion carried.
AYE: Peterson, Downing, Claybrook, Pettyjohn, Harrod, Harden, Weaver
NAY: None

AGENDA ITEM NO. 8: Administrative Reports.

There were no Administrative Reports.

AGENDA ITEM NO. 9: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 10: Commissioners’ Comments.

There were no Commissioners’ Comments.

AGENDA ITEM NO. 11: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (9:00 p.m.)
AYE: Pettyjohn, Harrod, Harden, Weaver, Peterson, Downing, Claybrook
NAY: None
____________________________________
MAYOR

(SEAL)
ATTEST:

________________________________
CITY CLERK



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