BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 5, 2006 AT 5:30 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, Tuesday, September 5, 2006 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 David Daugherty
Commissioner Ward 5- Vice Mayor Commissioner Ward 6
ABSENT: None
INVOCATION Reverend Leroy Kerbo
Oak Park Church of God
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. 11.
b. Minutes from the August 21 and August 28, 2006 meetings.
c. Budget amendment in General Fund.
d. Transfer of Appropriation in Shawnee Municipal Authority.
e. Acknowledge the following reports and minutes:
* Airport Advisory Board minutes from the August 2, 2006 meeting.
* Traffic Commission minutes from the May 23 and July 25, 2006 meetings.
* Civic and Cultural Development Authority minutes from the July 20, 2006 meeting.
f. Authorize out-of-state travel for Afsaneh Jabbar to attend Designing and Managing Wastewater Pumping Facilities workshop in Madison, Wisconsin from September 24 – 27, 2006.
g. Authorize out-of-state travel for John Parks to attend Pretreatment Training Workshop in Houston, Texas from September 26 – 28, 2006.
h. Authorize out-of-state travel for Jim Collard to attend International City Manager’s Association in San Antonio, Texas, September 10 – 12, 2006 as per city manager contract.
i. Approve Memorandum of Understanding between District Attorney and Shawnee Police Department to set forth agreements regarding services to victims of domestic violence and sexual assault.
j. Acknowledge Workers Compensation settlement with Anthony Wittman in the amount of $15,972.
k. Declare property on Harrison and Grant as surplus and authorize the City Manager to auction the property.
l. Authorize staff to advertise for bids for new roof for Shawnee Community Center.
m. Approve recommendations from the Traffic Commission from their August 22, 2006 meeting:
1) Continue discussion and consideration of request from Salvation Army, 200 E. 9th, to install a recessed curb in front of the building facing Union Street.
Recommendation: To approve request if Salvation Army pays for the installation.
2) Request from Thomas Schrzan, Aldridge Hotel, 20 E. 9th, to install 2 hour parking signs at Bell and 9th Streets.
Recommendation: To deny request.
3) Request from Dr. Mark Brister, O.B.U. 500 W. University, 50 install a 25 m.p.h. speed from Kickapoo Street to Airport Drive on MacArthur Street.
Recommendation: To approve request for 25 m.p.h. zone from Kickapoo Street to Airport Drive on MacArthur Street.
4) Request from Richard Randle, 1 Kaross, to install speed limit signs in Harbor Estates.
Recommendation: To defer request for further traffic study.
5) Consideration and discussion of the dissolution of the Traffic Commission.
Recommendation: To defer the discussion for two months.
Before voting on the consent agenda, Vice Mayor Peterson requested to pull for separate consideration Item No. 1b. and Commissioner Schrzan asked that 1m(2) be considered.
A motion was made by Commissioner Claybrook, seconded by Commissioner Beck, that Consent Agenda Item No. 1(a-m), less 1(b) and 1m(2), be approved.
Under Consent Agenda Item No. 1(b) regarding the August 28, 2006 special called minutes, Vice Mayor Peterson pointed out that a correction needed to be made to the motion by adding additional wording that had been omitted concerning staff’s recommendation addressing the surcharge for purchase of water from Oklahoma City.
The two items omitted were: “3) a storage surcharge for ease of operations; and 4) blending with Wes Watkins.” (Note: City Clerk also included “charge $1.79 per 1,000 gallons” as stated in the motion at the special called meeting. For clarification, the motion reads as follows:
“A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to accept staff’s recommendation that: 1) charge $1.79 per 1,000 gallons based on the City of Shawnee Demand Availability contract (pay as you use) with Oklahoma City; 2) the first 1,000 gallons of use would be exempt from the surcharge; 3) a storage surcharge for ease of operations; 4) blending with Wes Watkins; 5) that the city staff revisit the water purchase in six months or before and bring a report back to the City Commission; and 6) the water rationing stays in effect. Motion carried 7-0.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that Agenda Item No. 1(b) regarding the special called minutes of August 28, 2006 with corrections, be approved. Motion carried 7-0.
Under 1m(2), Commissioner Schrzan, requested that a 2 hour parking
sign be installed at Aldridge Hotel, 20 E. 9th.
City Engineer John Krywicki gave the staff report and noted that the reason the Traffic Commission denied the request was because there were two signs already in place.
Commissioner Schrzan further explained that employees are parking in the spaces around the hotel and the ground floor businesses in the Aldridge Hotel do not have customer parking spaces available.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to reverse the Traffic Commission’s recommendation and add an additional sign on Bell Street. Motion carried 7-0.
a. Officer of the Month plaque to Cpl. Freeland Wood
Mayor Chuck Mills presented a plaque to Corporal Freeland Wood, a nineteen-year veteran with the Shawnee Police Department as the August Officer of the month, in recognition of his excellent dedication to the City of Shawnee and his service to the Shawnee Public School system as the school’s resource officer.
Corporal Wood was present to accept.
b. Certificates of Appreciation to Ron Gillham and Jeremiah Nichol for their service to the Zoning Board of Adjustment.
Mayor Mills also presented Certificates of Appreciation to Ron Gillham and Jeremiah Nichol for their service to the Zoning Board of Adjustment. Mr. Gillham was present to accept and Mr. Nichol was not present due to illness.
AGENDA ITEM NO. 3: Mayor’s Proclamation:
“National Preparedness Month”
September, 2006
(accepted by Don Lynch, Emergency Management Director)
AGENDA ITEM NO. 4: City Manager’s Presentation:
City Manager Jim Collard presented Mr. Jim Veasey a framed “Trade-A-Plane” magazine news article that was featured about Mr. Veasey receiving a $25,000 prize for his story about fulfilling his dream from 43 years ago to flight an airplane that he accomplished recently.
AGENDA ITEM NO. 5: Consider amending Shawnee City Code Section 26-71(d) as it relates to the location that residents can drill water wells.
Commissioner Claybrook requested that the Commission reconsider the ordinance regarding the section on the location of drilling water wells on residential property that would include water wells being placed in the front yards. He commented that the regulations are too restrictive and requirements of placing the wells in the backyards are not easily accessible for drilling water wells and it creates a hardship on residents.
His request came at the request of city residents who had drilled a water well in the front yard that is against city ordinances.
Community Development Director Mike Southard gave the staff report and explained that water wells are considered structure according to zoning codes.
After discussion about placement of water wells and the aesthetics of the well-heads, staff was directed to draft an ordinance to be presened at the next meeting.
A motion was made by Commissioner Claybrook, seconded by Commissioner Beck, to amend the ordinance regarding the water wells by omitting the requirement restricting water wells to the backyard and making the ordinance retroactive to the date when the ordinance was initially enacted. Motion carried 7-0.
AGENDA ITEM NO. 6: Consider contract with Howell & Vancuren, Inc. for landscape consulting services for the Trails Master Plan.
The Commission reviewed the standard form of agreement between the City of Shawnee and Howell & Vancuren, Inc., architect firm in Tulsa, Oklahoma, regarding consulting services for the landscape for the Trails Master Plan.
The city staff has negotiated a contract with the architect to prepare the Trails Master Plan and the grant will be funded with a $40,000 federal funds and $10,000 in city match.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the contract with Howell & Vancuren, Inc., architect, for consulting services for the development of the Trails Master Plan in the amount of $49,974.00. Motion carried 7-0.
AGENDA ITEM NO. 7: Consider an ordinance changing the name from the Traffic and Transportation Commission to the Traffic Commission and removing ward requirements for its members.
City Engineer John Krywicki informed the Commission that this ordinance would officially change the name of the Traffic and Transportation Commission to Traffic Commission.
He advised that another change in the ordinance of removing the ward requirements for the Traffic Commission members would be beneficial in order to receive volunteers citywide.
Ordinance No. 2278NS was introduced and the title read aloud.
ORDINANCE NO. 2278NS ENTITLED “AN ORDINANCE RELATING TO THE CHANGE OF NAME OF THE TRAFFIC AND TRANSPORTATION COMMISSION AND THE APPOINTMENT OF ITS MEMBERS; AMENDING SECTIONS 19-76, 19-77, 19-78, 19-79(a) AND 19-80(a) DIVISION 2, ARTICLE II OF CHAPTER 19 OF THE CODE OF THE CITY OF SHAWNEE; ALSO AMENDING THE TITLE OF DIVISION 2, ARTICLE II OF CHAPTER 19 OF THE CODE OF THE CITY OF SHAWNEE; CHANGING THE NAME OF THE TRAFFIC AND TRANSPORTATION COMMISSION TO TRAFFIC COMMISSION; REMOVING THE WARD REQUIREMENT FOR MEMBERSHIP ON THE COMMISSION; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the Title and Section 1-7, be approved. Motion carried 7-0.
The emergency clause, Section 8, was not voted upon due to lack of a motion.
Thereupon Mayor Mills declared Ordinance No. 2278NS duly passed and adopted to become effective thirty days from this date.
AGENDA ITEM NO. 8: Consider a resolution to enter into an agreement with Oklahoma Department of Transportation Right-of-Way, Public Utility and Encroachment Agreement for State Highway 18 (North Harrison) Project No. STPY-063B(371).
The city engineer noted that this was a housekeeping item from the Oklahoma Department of Transportation since they did not have a signed agreement with the City regarding this road project from Westech to Hazel Del Road, a segment of the State Highway 18 project.
Resolution No.6283 was introduced and the title read aloud.
RESOLUTION NO. 6283 ENTITLED “A RESOLUTION APPROVING THE EXECUTION A CERTAIN PROJECT AGREEMENT BETWEEN THE CITY OF SHAWNEE AND THE DEPARTMENT OT TRANSPORTATION OF THE STATE OF OKLAHOMA IN CONNECTION WITH FEDERAL AID PROJECT AGREEMENT STPY-063B(371), STATE JOB NO. 05859(04)CONST., (05)UTIL., (14)RW.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to approve the Title and Resolution No. 6283. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6283 duly passed and adopted.
AGENDA ITEM NO. 9: Consider acceptance of the Cleveland Street Sanitary Sewer Extension Project and placing maintenance bonds into effect.
City staff reported that the Cleveland Street sanitary sewer extension project has been satisfactorily installed in accordance with the City’s plans and specifications and staff was recommending approval of the project.
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to approve staff’s recommendation to accept the Cleveland Street Sanitary Sewer Extension Project and placing maintenance bonds into effect. Motion carried 7-0.
AGENDA ITEM NO. 10: Receive information from Dwight Wise, Pottawatomie County E-911 Coordinator, regarding E-911 countywide services.
The Commission received an overview of the countywide plans for the Pottawatomie County Enhanced 911 services from Mr. Dwight Wise, the County’s E-911 Coordinator and member of the board which operates the 598 and E-911 exchanges.
The proposal for telephone landline E-911 services in the areas of the county without the services will go to the vote of the people at the November 7 election to determine if they will approve a ten percent (10%) tax increase to fund the services. (Note: The City of Shawnee will not vote on this referendum since it has the services in place. The City Commission took action at a previous meeting to not take this question to the vote of the people since it would increase the current three percent (3%) tax to ten percent (10%) tax on the existing services. The City of Shawnee citizens will be voting on a referendum on November 7 to approve a 50-cent tax for E-911 services for cell phones)
Mr. Wise distributed maps showing the areas that are not covered by E-911 land services, mainly in the southern part of the county, and he talked about the plans to build a Geographical Information Systems (GPS).
Upon conclusion, Mayor Mills responded that the City still would be interested in a viable business plan. He stated that the City was still waiting on a plan that would be agreeable to all parties and the County decided to go ahead with taking the proposal to a vote in November.
Mayor Mills thanked Mr. Wise for the up-date and offered the City’s support in the County’s efforts for the E-911 services.
AGENDA ITEM NO. 11: Consider Bids:
a. 72” Cut Riding Mower for Airport (Open)
Assistant Airport Manager Jerry Sharp opened 5 bids for the 72” Cut Riding Mower for Airport and read into record.
BIDDER AMOUNT
Luber Brothers, Inc. $12,750.00
Dallas, Texas
Lesco, Inc. No Bid At This Time
Cleveland, OH
Central Power Equipment $10,907.28
Oklahoma City, OK
Dinsmore Tractor Sales, Inc. $9,990.00
Shawnee, OK
Central New Holland, Inc. $13,356.00
Oklahoma City, OK
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the bids for the 72” cut riding mower be deferred to staff for review and recommendation at the next meeting. Motion carried 7-0.
b. 4 Wheel Drive Backhoe/Loader for Street Dept. (Open)
Bids for the 4 Wheel Drive Backhoe/Loader for Street Department were opened by City Engineer John Krywicki and read aloud and into record.
BIDDER AMOUNT
OCT Equipment LLC. $66,162.01
Oklahoma City, OK
Kirby-Smith Machinery, Inc. $88,831.00
Oklahoma City, OK
The G.W. Van Keppel Co. $64,295.00
Oklahoma City, OK
Warren Cat $86,139.00
Oklahoma City, OK
A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, that the bids for the 4 wheel drive backhoe/loader for Street Department be deferred to staff for review and recommendation at the next meeting. Motion carried 7-0.
AGENDA ITEM NO. 12: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 13: Administrative Reports
Under Administrative Reports, City Manager Jim Collard announced that the Pottawatomie County Fair would start this Thursday and the Firefighters Olympics would be held on Saturday morning. He noted that the water for the water bucket contest would be the untreated water trucked in from the Wes Watkins Reservoir and not the city’s treated water.
AGENDA ITEM NO. 14: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 15: Commissioners Comments
There was no Commissioners Comments.
AGENDA ITEM NO. 16: Adjournment
There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, that the meeting be adjourned. Motion carried 7-0. (6:52 p.m.)
______________________________
DIANA HALLOCK, CITY CLERK
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