BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 20, 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, Monday, November 20, 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
Marva O’Neal Linda Peterson
Commissioner Ward 3 Commissioner Ward 5-Vice Mayor
David Daugherty
Commissioner Ward 6
ABSENT: Wes Beck
Commissioner Ward 4
INVOCATION Sandra Merchant
Unitarian Universalist Fellowship of Shawnee
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of minutes of November 6, 2006 meeting.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to accept the November 6, 2006 City Commission minutes as presented. Motion carried 6-0.
AYE: Peterson, Schrzan, O’Neal, Mills, Daugherty
NAY: None
AGENDA ITEM NO. 2: Presentation of plaque of appreciation to Tom Claybrook, outgoing Ward I Commissioner.
Mayor Mills presented a plaque of appreciation on behalf of the City Commission and the citizens of Shawnee to outgoing Commissioner Tom Claybrook as City Commissioner of Ward 1 for his dedicated service from May 4, 1998-November 20, 2006.
AGENDA ITEM NO. 3: Swearing in of Pam Stephens, Ward I Commissioner, Linda Peterson, Ward V Commissioner and David Daugherty, Ward VI Commissioner by Municipal Judge Robert Jones and presentation of Certificates of Election.
Municipal Judge Robert H. Jones conducted a swearing-in ceremony and administered Oaths of Office to Ms. Pam Stephens, Commissioner Ward 1; Mr. David Daugherty, Commissioner Ward 6; and Ms. Linda Peterson, Vice Mayor.
Mayor Mills presented the three Commissioners with their Certificates of Election.
CITY COMMISSION RECESSED AT 5:37 P.M. FOR A RECEPTION FOR THE OUTGOING AND INCOMING COMMISSIONERS.
CITY COMMISSION RECONVENED AT 5:55 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 4: 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. 19.
b. Budget Amendment in Shawnee Municipal Authority, Workers’ Compensation Fund and General Fund.
c. Transfers of Appropriations in 2002 CDBG Entitlement Grant Fund , 2003 CDBG Entitlement Grant Fund and General Fund.
d. Acknowledge the following reports and minutes:
* Sales Tax Report for the month of November 2006
* Shawnee Beautification minutes from the September 11, 2006 meeting
* Sister Cities Council minutes from the September 12, 2006 meeting
e. Authorize staff to negotiate a contract with KMA of Canonsburg, Pennsylvania to prepare a Wayfinding Plan.
f. Authorize staff to solicit qualifications from professional engineers and landscape architects to prepare plans to extend the airport trail and improve pedestrian safety along MacArthur Street.
g. Authorize staff to advertise for bids for concrete breaker attachment to affix to Street Department backhoe.
h. Approve Oklahoma Municipal Retirement Fund application for distribution to Larry Barry.
Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item 4(b and f) be pulled for separate consideration.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that Consent Agenda Item 4(a-h), excluding items 4(b and f) be approved. Motion carried 6-0.
Under Agenda Item No. 4(b), Vice Mayor Peterson had her questions answered by City Treasurer Cragin about the overtime amounts in the SMA Fund and the $200,000 amount being transferred from the General Fund to the Workers’ Compensation Fund.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve Agenda Item No. 4(b). Motion carried 6-0.
Under Agenda Item No. 4(f), Community Development Director further explained about the project and purpose of the soliciting of professional engineers and landscape architects to prepare plans for the extension of the airport trail and improvements to the pedestrian safety along MacArthur.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Agenda Item No. 4(f). Motion carried 6-0.
Presentation of Certificate of Appreciation to Sandra Merchant
Mayor Mills presented a Certificate of Appreciation to Sandra Merchant of the Unitarian Univeralist Fellowship of Shawnee for her service in giving the invocation at the City Commission meetings.
Presentation of Resolution of Appreciation to Larry Barry for over 25 years of loyal service to the City of Shawnee.
Resolution No. 6287 was introduced and read into record.
Resolution No. 6287 entitled “A resolution expressing appreciation to Larry Barry for over 25 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Larry Barry.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the Title and Resolution No. 6287 be approved. Motion carried 6-0.
Thereupon Resolution No. 6287 was duly passed and adopted.
AGENDA ITEM NO. 6: City Manager’s presentation of Employee of the Month. (Kellie Howard, Police Department)
City Manager Jim Collard presented a plaque and gift certificate to Kellie Howard, Director of Support Services, as the November employee of the month in recognition of her excellent dedication to the City of Shawnee.
Ms. Kellie Howard was present to accept.
AGENDA ITEM NO. 7: Presentation to Chief Mathis and Candie Swinney for Santa’s Kids.
Police Chief Bill Mathis and Community Relations Police Officer Candie Swinney were presented monetary gifts for Santa’s Kids from the following:
a. Linda Agee presented $500 on behalf of Shawnee Lake Association
b. Cecil Johnson presenting $200 on behalf of St. Mark’s United Methodist Church and Cecil & Louise Johnston.
AGENDA ITEM NO. 8: Presentation by Charlotte Patterson and Beverly Mosman on the activities and direction of the Centennial Committee.
Ms. Charlotte Patterson and Ms. Beverly Mosman, representatives of the Oklahoma State Centennial Celebration Planning Committee for the City of Shawnee, gave a power-point presentation on several proposed events and projects to honor Oklahoma’s 100th birthday. The Celebration Committee has chosen the dates of September 21-22, 2007 to celebrate the Centennial in Shawnee.
An overview of projects included the Louise Flunk Funk Memorial, Centennial Park, Centennial benches, horses in the city, and highlighted the centennial calendar of events.
Also in the material presented was a list of marketing opportunity packages to promote the event.
AGENDA ITEM NO. 9: Consider video production agreement with VideoDans.
City Treasurer Becky Cragin reported that two minor changes have been made to the agreement with VideoDans. The first change would be in paragraph one for the contractor to produce (10) videos instead of thirteen (13); and in paragraph 5(d) any requested changes will be made and the final copy delivered to the city manager’s office within five (5) working days of notification of the changes to be made to the final draft instead of three.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the contract with VideoDans with noted changes for cable television production of video shows highlighting various aspects of the City and its community. Motion carried 6-0.
AGENDA ITEM NO. 10: Discuss and consider septic tank requirements.
Community Development Director Mike Southard referred to the memorandum in the agenda packet that had a list of recommendations by staff for septic system requirements for Shawnee. These recommendations were the same as the ones presented by staff in September.
“Below are the recommended action items for septic system requirements:
1. Remove the 400 feet of lateral line language from the Subdivision Regulations.
2. Utilize the building code to regulate individual sewage septic system requirements with city inspectors reviewing proposed development for compliance with all city codes.
3. Register individual sewage system installers.
4. Establish additional criteria to protect Twin Lakes from possible contamination:
a. Inspect septic tank bi-annually.
b. Pump septic tanks every 5 years.
c. Redirect drainage flows away from lateral fields.
d. No parking or driving over the lateral fields.
e. No landscaping allowed other than grass over the lateral field, and
f. Retain the 150 foot horizontal separation requirement between a septic system and the high water mark. Some experts recommend increasing this separation to 300 feet in order to protect the public water supply.
g. New septic systems must be located as far away from the high water mark as possible such as in the front or side yard.
h. Allow for aerobic and other alternative sewage systems as per the building code, with equal separation and locational requirements as previously mentioned.
i. Prohibit privies as an allowed individual sewage system.
j. Completely replace the entire sewage septic system every 20 years.
k. Modify the language in the lease to reflect current City Code and other regulations.
5. Bring Lake Lease properties into compliance as the leases are renewed every five years or prior to the lese being transferred.”
Mr. Southard indicated that an ordinance would be prepared and presented at the next meeting for consideration.
Upon review of the list of septic system requirements, the Commission ensued in discussion about some principal concerns they had which consisted of questions about what is the plan for non-conforming properties; specific matters to consider such as lake lots and seeking grants for the lake residents to assist with bringing septic systems into compliance; and understanding the requirements as a whole.
At this time, Commissioner Schrzan made a motion to disapprove five recommendations with several exceptions; and lifting the moratorium at the lake. After continued discussion about the lake properties, Commissioner Schrzan withdrew his motion.
In view of the Commission’s concerns, City Manager Jim Collard responded that staff would gather specific information as requested by the Commission.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to defer the consideration of septic tank requirements to the December 4th meeting for staff to return with more information.
AGENDA ITEM NO. 11: Consider an ordinance increasing water and sewer tap fees.
Ordinance No. 2289NS was introduced and the title read aloud.
ORDINANCE NO. 2289NS ENTITLED “AN ORDINANCE RELATING TO WATER AND WASTE WATER TAP FEES; AMENDING SECTION 26-97, SUBDIVISION 1, DIVISION 2, ARTICLE III OF CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; ESTABLISHING A NEW WATER TAP FEE BASED ON METER SIZE, CAPACITY AND USAGE AND ESTABLISHING A FEE FOR THE WATER METER BASED ON ITS SIZE, CREATING A NEW LAW CODIFIED AT SUB-SECTION (f), SECTION 26-272, DIVISION 1, ARTICLE IV OF CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; ESTABLISHING A WASTE WATER TAP FEE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Title and Sections 1 and 3 of Ordinance No. 2289NS be approved.
Thereupon Mayor Mills declared Ordinance No. 2289NS duly passed and adopted.
AGENDA ITEM NO. 12: Discuss and consider moving “Citizens’ Participation” to immediately following the consent agenda.
Commissioner Schrzan suggested moving the “Citizens Participation” item on the agenda to the front of the meeting as a courtesy to the citizens attending the meeting to give the citizens time to speak instead of waiting until the end of the meeting.
For informational purposes only, the City Clerk’s office had conducted a survey of eight other cities and the survey was provided to the Commission on where other cities place the “public comments” on the agenda and provided other information regarding the Open Meeting Act.
A motion was made by Commissioner Daugherty, seconded by Commissioner Schrzan, to move the “Citizens Participation” agenda item permanently after the consent agenda and also place the item at the end of meeting agenda for a month until the public gets use to the order. Motion carried 6-0.
AGENDA ITEM NO. 13: Discuss and consider adding an agenda item following the flag salute, which would allow any commissioner to move any item on the agenda out of its present order.
Commissioner Schrzan proposed to add an agenda item to allow the Commission to move any item on the agenda out of its present order.
Upon discussion, City Attorney John Canavan advised that the Commission needed to be careful not to be randomly moving items around since it would violate the Open Meeting Act. He noted that the Commission already had that authority to do so upon an “as needed” basis.
A motion was made by Commissioner Daugherty, seconded by Commissioner Stephens, to permanently place under the Consent Agenda an item to allow any commissioner to move any item on the agenda out of its present order. Motion carried 6-0.
Commissioner Schrzan requested input from the Commission in regards to moving the agenda item “Commissioners Comments” to earlier in the meeting.
After discussion, the Commission was under the consensus that there was not a significant advantage to moving this item to earlier in the agenda.
Since this was for discussion purposes only, no action was required.
AGENDA ITEM NO. 15: Consider a resolution authorizing the selection of Wingfield Engineering to perform the City of Shawnee bridge inspections for FY 2007-2008
City Engineer John Krywicki gave the staff report and recommended to enter into an agreement with Wingfield Engineering of Antlers, Oklahoma, to conduct bridge inspections for the City.
The proposed engineering firm has been pre-qualified by the Oklahoma Department of Transportation (ODOT). The City will pay for twenty percent (20%) of the costs with an eighty percent (80%) Federal matching funds.
Resolution No. 6288 was introduced and the title read aloud.
RESOLUTION NO. 6288 ENTITLED “A RESOLUTION REQUESTING BRIDGE INSPECTION RESPONSIBILITY BY THE LOCAL GOVERNMENT FOR COMPLIANCE WITH NATIONAL BRIDGE INSPECTIONS STANDARDS. BRIDGE INSPECTION CONTRACTS FOR 2007 & 2008.”
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve the Title and Resolution No. 6288.
Thereupon Mayor Mills declared Resolution No. 6288 duly passed and adopted.
AGENDA ITEM NO. 16: Consider authorizing staff to pursue partnerships with other entities for possible acquisition of additional water supplies.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to authorize the city manager to continue pursuing partnerships with other entities to deal with the water issues. Motion carried 6-0.
AGENDA ITEM NO. 17: Consider approving transfer of real property from City of Shawnee to Shawnee Airport Authority.
In the staff report, City Manager Jim Collard reiterated the process city staff took in meeting with the Federal Aviation Administration in Ft. Worth, Texas, over a year ago to pursue the School District’s desire to construction an Early Childhood Center on airport property; and he received FAA’s approval for transfer of property as long it was based on fair market value.
Since then, Oklahoma Baptist University and the Shawnee Little Theatre, Inc. have approached the city to purchase properties that they have leased for decades.
The city attorney, Mr. John Canavan, advised the Commission that the proper documents had been completed for transfer of properties from the City of Shawnee to the Shawnee Airport Authority, a public trust, in accordance with the Authority’s trust indenture that allows for selling of property.
City Attorney Canavan also informed the Commission that he had prepared the document for transfer of the property where the U.S. Army Reserve Training Center was housed for future transactions.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve transfer of real properties from the City of Shawnee to Shawnee Airport Authority on the three properties mentioned as the property of approximately 9.2 acres located east of Airport Road, north of Federal Street, and south of University Street; the .45 acres of land at 1829 Airport Road; and the 3.72 acres of land located in the N1/2 SE1/4 of Section 12, Township 10 North, Range 3 East, Pottawatomie County, Oklahoma. Motion carried 6-0.
CITY COMMISSION RECESSED THE CITY COMMISSION MEETING AT 8:05 P.M. AND CONVENED THE SHAWNEE AIRPORT AUTHORITY MEETING WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION MEETING RECONVENED AT 8:09 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 18: Confirm the following actions taken by Shawnee Airport Authority: Shawnee Airport Agenda Item No. 3(b) regarding the authorization to advertise for bids for repair/replacement of roof at Shawnee Regional Airport terminal building; Shawnee Airport Authority Agenda Item No. 4 regarding lease amendment with U.S. Government to provide for the disposition of buildings upon termination of the lease; Shawnee Airport Authority Agenda Item No. 5 regarding sale of real property to Oklahoma Baptist University; Shawnee Airport Authority Agenda Item No. 6 regarding sale of real property to Shawnee Little Theatre.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to confirm the approval by the Shawnee Airport Authority on the following items: 1) Shawnee Airport Agenda Item No. 3(b), gave authorization to staff to advertise for bids for repair/replacement of roof at Shawnee Regional Airport terminal building; 2) Shawnee Airport Authority Agenda Item No. 4 regarding the approval of lease amendment with U.S. Government to provide for the disposition of buildings upon termination of the lease; 3) Shawnee Airport Authority Agenda Item No. 5 regarding the approval of sale of real property to Oklahoma Baptist University; and 4) Shawnee Airport Authority Agenda Item No. 6 regarding the approval of sale of real property to Shawnee Little Theatre. Motion carried 6-0.
Utility Deputy Director Jim Bierd reported that four bids were received and read them into record.
a. Rehabilitation of the Bryan Sanitary Sewer Lift Station. (Open)
BIDDER AMOUNT
Ratliff, Inc. $95,300.00
Ponca City, OK 74601
Jordan Contractors $81,800.00
Tecumseh, OK 74873
PSI Construction, Inc. $57,324.00
Sapulpa, OK 74066
Bowen Construction, Inc. $94,400.00
Oklahoma City, OK 73128
A motion was made by Commissioner O’Neal, seconded by Commissioner Daugherty, to defer the bids on the Rehabilitation of the Bryan Sanitary Sewer Lift Station to staff for review and recommendation at the December 4, 2006 meeting. Motion carried 6-0.
b. Water Plant Sanitary Sewer Lift Station with Forcemain and Rehabilitation of Sludge Lift Station. (Open)
BIDDER AMOUNT
Ratliff, Inc. $170,400.00
Ponca City, OK 74601
Jordan Contractors $132,200.00
Tecumseh, OK 74873
PSI Construction, Inc. $123,537.00
Sapulpa, OK 74066
Bowen Construction, Inc. $152,015.10
Oklahoma City, OK 73128
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to defer bids to staff for review and recommendation at the December 4, 2006 meeting. Motion carried 6-0.
AGENDA ITEM NO. 20: 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. 21: Administrative Reports
Under Administrative Reports, City Treasurer Becky Cragin gave the report on the fourth quarter FY 05/06 General Fund and SMA; and informed that the IRS auditor had finished review of the City’s documents and a report would be forthcoming.
City Engineer John Krywicki gave an update on the water tower projects; pursue installing the traffic signal at Union Street entry to Wal-Mart; and Kickapoo Street project nearing completion.
Community Development Director Mike Southard invited the public to the Dunbar Heights community meeting on November 28th at 6:00 p.m. at the Shawnee Community Center as a follow-up to a previous meeting in efforts to identify the needs and revitalization of the area.
AGENDA ITEM NO. 22: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Ms. Jo Davis, Ms. Julie Ackerman, and Ms. Linda Agee, all lake lessees, commented about the discussions held earlier in the meeting about the septic system requirements and they offered suggestions about informing the public and staff to do more research before decisions are made; and take into consideration input from lake leaseholders.
AGENDA ITEM NO. 23: Commissioners Comments
Under Commissioners Comments, Vice Mayor Peterson requested that in the future she would like to receive copies of the minutes from the Zoning Board of Adjustment meetings.
Mayor Mills mentioned graffiti problems in the central downtown area and the police department was working the problem; and he mentioned about seeing in the newspaper comments about water leaks not getting fixed. Utility staff responded that they department works the leaks based on priority.
Vice Mayor Peterson announced the upcoming OML water summit was being held next Thursday.
Commissioner Schrzan welcomed the two new commissioners of Ward 1 and 6, and congratulated Linda Peterson on her reseat as Vice Mayor; and wished everyone a “Happy Thanksgiving.”
AGENDA ITEM NO. 24: Adjournment.
There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 6-0. (9:03 p.m.)
(SEAL)
ATTEST:
_______________________________
DIANA HALLOCK, CITY CLERK
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