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| Date: 7/21/2003 | Board: City Commission | DocumentType: Minutes | Web Posted: 8/5/2003 10:09:00 AM |
BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 21, 2003 AT 7:00 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, July 21, 2003 at 7:00 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 Linda Peterson
Commissioner Ward 4 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Robert M. Pettyjohn
Commissioner Ward 2
INVOCATION Reverend Emmitt Hazelwood
Vol. Chaplain Unity Hospital
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the July 7, 2003 meeting.
b. Budget amendments in Shawnee Airport Authority Fund, Street Improvement Fund and Gifts and Contributions Fund.
c. Transfer of Appropriations in Street Improvement Fund, General Fund, Capital Improvement Fund and Shawnee Municipal Authority.
d. Acknowledge the following reports and minutes:
* Sales Tax Report through July, 2003
* Utility Division Report for the month of June, 2003
* City Clerk Report for the month of June, 2003
* Warrant Officer activity report for the month of June, 2003
* Shawnee Community Center report for the month of June, 2003 and quarterly report for April, May & June, 2003.
* Shawnee Urban Renewal Authority minutes of the June 17, 2003 meeting.
* Sister Cities Council minutes from the June 10, 2003 meeting.
* Shawnee Public Library Board minutes from the April 8, 2003 meeting.
* Shawnee Beautification Committee minutes from the May 5, 2003 meeting
* Citizen’s Advisory Committee minutes from the May 7, 2003 meeting
e. Lakesite Lease Transfer:
10 Belcher Tract
To: Michael D. McQuain From: Paul & Sandra Alexander
Jana L. McQuain 1215 Bryant
2305 Troon Circle Benbrook, TX 76126
Shawnee, OK 74801
f. Acknowledge Shawnee Industrial Authority annual audit for year ended September 2002.
g. Authorize staff to advertise for bids for hydraulic power pack for Line Maintenance Division.
h. Authorize staff to advertise for bids for full-size pickup truck for use by the Code Enforcement Officer in the Action Center.
i. Acknowledge emergency request for out-of-state travel for Detective Greg Gibson to fly to Flagstaff, Arizona to interview suspect.
j. Acknowledge letter from Sharon Autrey expressing appreciation to Gailia Jackson in Customer Service Dept. for her helpfulness, friendliness and professionalism.
k. Approve renewal of the following agreements for fiscal year 2003-2004:
1) Town of Tecumseh for the treatment and disposal of animals
2) Town of McLoud for the treatment and disposal of animals.
3) Independent School District No. 93 for maintenance of tennis courts.
4) Interlocal Agreement with Pottawatomie County District Court to enable the Municipal Court to establish, develop and implement programs for juvenile misdemeanor offenders.
5) Interlocal Cooperation Agreement with Gordon Cooper Technology Center (GCTC) District No. 5 5o provide for the repaving and repair on public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
6) Project H.E.A.R.T. for operation space and utility services.
7) South Central Industries for parks maintenance services.
8) Interlocal Agreement with Independent School District No. 93 for placement of police officers in schools for increased security.
9) Interlocal Agreement with Gordon Cooper Area Vocational Technical School for placement of police officers in school for increased security.
l. Acceptance of the following projects and placing maintenance bonds into effect:
1) Rehab Concrete Streets Project Contract No. COS-PW-01-9
2) Rosa and Franklin Streets Paving Projects (Market to Broadway) Contract No. COS-PW-01-7
3) Rehab Asphalt Streets Paving Project Contract No. COS-PW-01-5
4) YMCA Parking Lot Improvement Project Contract No. COS-PW-02-01.
m. Approve resolutions renewing lease purchase agreements for the following equipment:
1) SmartNet Trunked Radio Systems Upgrade
Resolution No. 6169 entitled “A resolution approving renewal of a certain lease agreement with Motorola, Inc., Schaumburg, Illinois.
2) Incode Computer Software and Licenses
Resolution No. 6170 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.
3) Backhoe Loader (Serial #31024093)
Resolution No. 6171 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.
4) Backhoe Loader (Serial #31024482)
Resolution No. 6172 entitled “A resolution approving renewal of a certain lease agreement with BancFirst, Shawnee, Oklahoma.
n. Mayor’s Appointments:
Citizens Advisory Committee
Appoint Bradie Winrow to a four-year term expiring 5/3/07
Appoint David Parsons to a four-year term expiring 5/3/07
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, to approve Consent Agenda Item No. 1 (a-n), as presented. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harrod
NAY: None
ABSTAIN: Harden
Thereupon Mayor Harden declared Resolution Nos. 6169, 6170, 6171, and 6172 duly passed and adopted.
AGENDA ITEM NO. 2: City Manager’s Presentation to Employee of the Month.
Personnel Director Dave Chesher, on behalf of City Manager Terry Powell, presented a plaque and gift certificate to Gailia Jackson, Water Customer Services Collection’s Clerk, as the July employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
Ms. Jackson was present to accept her award and expressed her appreciation.
AGENDA ITEM NO. 3: Public hearing and consider an ordinance rezoning property located at the southeast corner of Bradley and Center streets from R-1; Single Family Residential District to PUD; Planned Unit Development for use as a residential development. (Applicant: R.W. Burnley on behalf of Jeff & Doty Case and BancFirst)
Before the Mayor declared a public hearing in session, City Manager Terry Powell announced that the applicant, R. W. Burnley, on behalf of Jeff and Doty Case and BancFirst, withdrew the application for rezoning property located at the southeast corner of Bradley and Center Streets.
City Manager Terry Powell noted that the developer intends to proceed with a residential subdivision using the existing zoning classification (R-1) and will later submit a plat for review.
AGENDA ITEM NO. 4: Public hearing and presentation of the Shawnee Downtown Revitalization Proposed Project Plan.
City Manager Terry Powell announced that the Shawnee Downtown Revitalization Proposed Project Plan would be heard at the August 4, 2003 meeting due to publication requirements not being met.
AGENDA ITEM NO. 5: Consider a resolution approving a mutual aid agreement between the District Attorney and the Shawnee Police Department to aid in drug law enforcement.
Resolution No. 6173 entitled was introduced and the title read aloud.
Resolution No. 6173 entitled “A resolution of the City of Shawnee, Oklahoma, approving a mutual aid agreement, allowing the assistance of Shawnee Police Officers to the Pottawatomie County District Attorney’s Drug Task Force; providing for formal request to the Chief of Police or the on-duty patrol supervisor for assistance by the District Attorney; providing that officers continue to receive pay and benefits from the City of Shawnee while serving with the District Attorney’s Task Force; and providing for Shawnee Police Officers to receive commission cards from the District Attorney.”
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the mutual aid agreement with the District Attorney’s Drug Task Force. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6173 duly passed and adopted.
AGENDA ITEM NO. 6: Discuss prohibiting the parking of trailers within the front yards and visible side yards in residential districts.
In reference to the agenda notes, in May the Commission discussed the appearance of trailers parked in the front and side yards of residential properties.
The City Code prohibits extended parking of recreational vehicles and fifth wheel trailers but does not address flat bed or other trailers for hauling equipment or materials, boats, etc.
Upon a brief discussion, Commissioner Claybrook advised that Community Development Director Mike Southard, who was absent at this meeting, was aware of what the Commission requested and the city attorney would draft an ordinance to be placed on the upcoming meeting agenda.
AGENDA ITEM NO. 7: Consider prioritizing proposed Capital Road Improvement Projects report prepared by Engineering Dept.
City Manager Terry Powell gave the presentation on the proposed capital road improvement projects prepared by staff based on input from the Commission of what they considered priority projects.
Mr. Powell reviewed the problem, solution, and gave estimated costs on each project. The projects covered were as follows: (Note: the amounts are estimated costs)
1. MacArthur and Airport Drive Intersection Improvements, $750,000
2. MacArthur Drive from Airport Tunnel west to Acme Road, $550,000
3. 5-Laning Kickapoo Street from I-40 to 45th Street, $1.3 million
4. Kickapoo Street 4-laning from MacArthur to Farrall (3 miles) in three phases, $11.8 million
5. 45th Street 4-laning from Kickapoo to Harrison (SH 18), $2 million
6. North Kickapoo Street Improvements (I-40 to ½ mile south of Wolverine, 2 miles, $1.7 million
7. MacArthur Street 4-laning from Harrison to Bryan (l mile), $2.5 million
8. Downtown Streetscape Improvement Project in three phases, $5.3 million
9. Highland and Union Intersection improvements, $380,000
10. Other intersection improvements, $8 million
Additional information supplied by the engineering staff was provided in the agenda packet. It noted that staff prepared preliminary cost estimates for major arterial roadway improvements. The major arterial roadways do not typically get recommended for improvement by funding with the third penny sales tax. Funding for these type projects are sought from outside sources and through intergovernmental participation of costs.
Staff requested that the Commission prioritize the projects in the order they would want staff to begin working towards the design and funding for the projects.
After the city manager’s presentation, the following motion was made to formalize the projects that the Commission considered priority.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the priority projects named as 1) MacArthur and Airport Drive intersection improvements; 2) MacArthur Drive from Airport Tunnel west to Acme Road; 3) 5-laning Kickapoo Street from I-40 to 45th Street; and 4) Kickapoo Street 4-laning from MacArthur to Farrall (3 miles). Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 8: Report from staff regarding the status of the following proposed paving projects:
a. MacArthur Street Paving Improvements from west of Airport Tunnel to U.S. Highway 177.
b. MacArthur Street Paving Improvements from east of the Airport Tunnel to Kickapoo Street, including signalization of Airport Road and MacArthur Street intersection.
c. Future signalization and intersection improvements at MacArthur Street and U.S. Highway 177 intersection.
d. Overlay of Leo Street from MacArthur Street to 45th Street
City Manager Terry Powell highlighted the four projects for improvement noting that selection of these projects were influenced by an art exhibit from the Vatican which will be opened at the Mabee-Gerrer Museum at St. Gregory’s University in June 2004 to alleviate the anticipated high volume of traffic.
In regards to funding, Mr. Powell advised that funding support would come from federal, state and county. Since Acme Road to SH 177 is in the County, it is anticipated that the County would pay its share of costs.
The federal and ODOT would match funding for the various projects and ODOT would reimburse the city $300,000 for the Leo overlay project.
Concluding, the Commission was told that the other road projects on list were included in the three-year capital improvement plans and some possibly could be funded by the state early next year.
AGENDA ITEM NO. 9: Consider Oklahoma Department of Transportation Highway Agreement for proposed MacArthur Street Paving Improvements from west of Airport Tunnel to U.S. Highway 177.
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, to approve the Oklahoma Department of Transportation Highway Agreement for proposed MacArthur Street Paving Improvements from west of Airport Tunnel to U.S. Highway 177 be approved.
Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 10: Consider authorizing staff to advertise for bids for the MacArthur Street Paving Project from the west side of the Airport Tunnel to U.S. Highway 177.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to authorize staff to advertise for bids for the MacArthur Street Paving Project from the west side of the Airport Tunnel to U.S. Highway 177. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 11: Consider approval of FY 03-04 Street Recommendations of the Three Year Street Improvement Program.
City Manager Terry Powell presented the revised Street Improvement program list for FY 2003-04. He advised that if the Commission wished to make changes, the list was flexible to make the changes.
According to the city engineer’s report, the revisions take into account that the City Street Department would be performing all the overlays of streets identified. The rehab asphalt and concrete street projects would be by contract.
It is estimated that the total cost of the street improvement program for this year is $l,808.350 which will come from the third penny sales tax revenue.
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to approve the FY 03-04 Street recommendations of the Three Year Street Improvement Program. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
AGENDA ITEM NO. 12: Consider and discuss options to continue merit step and COLA’s for non-union employees in a fashion that will not compromise the integrity of the projected 3% reserve for the General Fund for FY 03-04.
City Manager Terry Powell explained to the Commission that in checking with the auditors regarding options to continue merit step and COLA increases for non-union employees, the general fund budget could allocate the paving costs performed by the city workers to the capital improvement fund, releasing funds for merit raises and allowing a two percent (2%) cost-of-living adjustment.
In his proposal, City Manager Terry Powell stated that he and City Treasurer Terry Compton would closely monitor the “fund balance” in order not to compromise the integrity of the projected three percent (3%) reserve for the General Fund for FY03-04.
Mr. Brian Woodall, Central Garage superintendent, addressed the Commission as a spokesperson for the non-union employees.
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, that the continuance of merit steps and a two percent (2%) Cost-of-Living Adjustment (COLA) increase to non-union employees be approved.
Motion carried.
AYE: Downing, Harrod, Harden, Peterson, Claybrook
NAY: Weaver
AGENDA ITEM NO. 13: Consider Bids.
a. Union Street Water Line Relocation Project (award)
A motion was made by Commissioner Harrod, seconded by Commissioner Weaver, to award the Union Street Water Line Relocation Project to Terra-Tech, LLC, Oklahoma City, Oklahoma, in the amount of $68, 250.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Weaver, Peterson, Downing, Claybrook, Harden
NAY: None
b. Water Treatment Chemicals (award)
Before awarding the water treatment chemical bids, Public Works Director James Cole advised that since no bids were received for the food grade salt for the MIOX system, staff would continue purchasing salt from Cargill Company from Kansas City, Missouri.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to accept staff’s recommendations to award the water treatment chemical bids to the following: 1) award to Altivia, Houston, Texas, for the coagulants for $352.00 per ton; 2) award to Brenntag Southwest, Sand Springs, Oklahoma, for chlorine for $405.00 per ton; and 3) award to Harcos Chemical, Tulsa, Oklahoma, the sodium hydroxide for $262.00 per ton, with all being the lowest and best bids meeting specifications. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, 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.
Under Administrative Reports, Public Works Director James Cole reported that the water situation had not improved due to the demand and that the City was under volunteer water rationing using the odd/even system. He advised that if the situation worsened then a mandatory rationing declaration could be issued.
AGENDA ITEM NO. 16: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Ms. Nora Northcutt requested the status on the request for sidewalks to be installed near Milstead Circle.
She was advised by staff that they would determine the costs for the project noting that it was not budged for this year.
Next, Mr. Tom Smith, Korean War Veteran, announced and invited the Commission on July 27th to observe for 22 seconds of silence at 10:00 a.m. in remembrance of all those in the armed forces of present and past.
AGENDA ITEM NO. 17: Consider an Executive Session pursuant to 25 O.S. §307B(4) to discuss pending litigation entitled James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma on January 30, 2003.
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, that the Commission go into Executive Session to discuss the pending litigation entitled James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97. Motion carried.
AYE: Weaver, Downing, Claybrook, Harden, Peterson
NAY: None
ABSTAIN: Harrod
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:56 P.M. WITH FIVE COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:42 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 18: Consider matters discussed in Executive Session pursuant to 25 O.S. §307B(4) regarding pending litigation entitled James Harrod and Kaye Steele Harrod, Case No. C-03-97 filed in the District Court of Pottawatomie County, Oklahoma on January 30, 2003.
A motion was made by Commissioner Claybrook, seconded by Commissioner Weaver, to retain Mr. David Cawthon, attorney of West Law Firm, to continue representing the City Commission in the case of James Harrod and Kaye Steele Harrod vs. the Board of City Commissioners of the City of Shawnee, Oklahoma, Case No. C-03-97 filed in District Court of
Pottawatomie County, Oklahoma. Motion carried.
AYE: Claybrook, Weaver, Peterson, Downing, Harden
NAY: None
ABSTAIN: Harrod
AGENDA ITEM NO. 19: Commissioners Comments.
There were no Commissioners Comments.
AGENDA ITEM NO. 20: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the meeting be adjourned. Motion carried. (8:45 p.m.)
AYE: Downing, Weaver, Peterson, Claybrook, Harrod, Harden
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
_________________________
CITY CLERK
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