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 6, 2005 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 Chris Harden
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Bob Downin g
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church
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. 17.
b. Consider approval of minutes from the August 15 and August 29, 2005 meetings.
c. Budget amendments in HOME Rehab Program Income, 2004 ADDI Funds, 2004 Homebuyer New Construction Fund, 1999 CDBG Entitlement Grant Fund; 2001 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund, 2003 CDBG Entitlement Grant Fund, 2004 CDBG Entitlement Grant Fund for FY 2005-2006.
d. Budget amendments in Hotel/Motel Surcharge, Spay/Neuter Fund, Civic and Cultural Development Authority and General Fund for FY 2004-2005.
e. Transfers of Appropriations in Economic Development Fund and Street Improvement Fund for FY 2005-2006.
f. Transfer of Appropriations in General Fund, Shawnee Municipal Authority and Capital Improvement Fund for FY 2004-2005
g. Acknowledge the following reports and minutes:
* Warrant Officer’s report for the month of July, 2005
* Treasurer’s financial report for fiscal year ending June 30, 2005.
* Shawnee Civic and Cultural Development Authority minutes from the July 21 and August 4, 2005 meetings.
* Shawnee Urban Renewal Authority minutes from the August 2, 2005 meeting.
* Traffic Commission minutes from the July 26, 2005 meeting.
* Sister Cities Council minutes from the July 12, 2005 meeting.
* Shawnee Public Library Board minutes from the April 12, 2005 meeting.
h. Approve out-of-state travel for Mike Wolf to attend Sunbelt Builders Show in Grapevine, Texas, October 13 – 15, 2005.
i. Acknowledge Worker’s Compensation settlement to Thomas Pringle in the amount of $4,740.00
j. Acknowledge Worker’s Compensation settlement to Darryl Bordeaux in the amount of $21,120.00.
k. Approve payment for repair of broken pipes for Gloria Wallace, 802 N. Broadway.
l. Authorize staff to advertise for bids for three chlorinators.
m. Authorize staff to advertise for bids for aggregate materials and asphalt concrete Type A, B and C.
n. Approve Oklahoma Alcoholic Beverage Application for Ryan McClendon d/b/a La Sabrosa Grill located at 419 N. Union.
o. Traffic Commission Recommendations:
1) Continue discussion and consideration of request from Carol McCoy, Wal-Mart representative, 196 Shawnee Mall Dr., to install a stop light at the intersection of Union St. and Mall Dr.
Recommendation: To defer request until next meeting to allow time for a traffic study to be performed by ODOT.
2) Request from Gary Heiden, Gordon Cooper Vo-Tech, 1 John C. Bruton Blvd., to install school warning signs on 45th Street for east and west bound traffic.
Recommendation: To deny request.
3) Request from Gary Heiden, Gordon Cooper Vo-Tech, 1 John C. Bruton Blvd., to install a stop sign at the south school exit on 45th Street.
Recommendation: To approve request.
4) Request from Gary Heiden, Gordon Cooper Vo-Tech, 1 John C. Bruton Blvd., to install a warning sign “Cross Traffic Does Not Stop” at the south exit of the school.
Recommendation: To deny request.
5) Request from concerned citizen to block off the dead-end on Ada Street.
Recommendation: To approve request
6) Request from Robert McClure, Central Plastics Company, 36508 W. Independence, to install a “Watch for Pedestrian Traffic” sign at the east entrance.
Recommendation: Item pulled from agenda at Mr. McClure’s request.
Before voting on the Consent Agenda, Vice Mayor Peterson requested to pull 1(k) for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the Consent Agenda Item Nos. 1 (a-o) less item 1(k). Motion carried 7-0.
AYE: Downing, Schrzan, O’Neal, Mills, Harden, Peterson, Claybrook
NAY: None
Now Agenda Item No. 1 (k) was considered.
A discussion was held concerning the repair of broken pipes for Gloria Wallace, 802 N. Broadway.
The Oklahoma Municipal Assurance Group (OMAG), the city’s insurance carrier, found no liability on the city’s part regarding the claim. Upon further investigation, the city staff recommended payment to claimant for water damages in the amount of $656.36.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve payment of claim to Gloria Wallace in the amount of $656.36.
AGENDA ITEM NO. 2: Mayor’s Proclamations.
Mayor Mills issued the following proclamation:
“Constitution Week”
September 17 – 23, 2005
(accepted by Patti Hillhouse).
Mayor Mills presented certificates recognizing Oklahoma Teacher of the Year finalist. The two finalists were chosen from 300-400 districts in the state. The first presentation went to Terri Clark 1st and 4th grade teacher at Pleasant Grove Elementary School; the second presentation went to Starla Howard a 1st grade teacher at Will Rogers Elementary School.
AGENDA ITEM NO. 3: Consider setting Monday, October 31, 2005, as the official trick-or-treat night in the City of Shawnee.
A motion was made by Commissioner Harden, seconded by Vice Mayor Peterson, to set Monday October 31, 2005 as the official Trick–or-Treat night in the City of Shawnee. Motion carried 7-0.
AGENDA ITEM NO. 4: Consider authorizing city manager to deploy city resources for Hurricane Katrina disaster relief.
Consideration was made concerning the deployment of city resources for Hurricane Katrina disaster relief.
Mr. Don Lynch, Emergency Management Director, reported on the on-going activities of the management system. He reported that Resource Coordinating committee would meet every Wednesday in the Commission Chambers at 3:00 p.m. to help meet the needs of the evacuees, and any who have been set up for short-term or need-term housing.
Community Relations Officer Candie Swinney is accepting donated items such as non-perishables and clothing.
He noted that if the need arises for the city’s assistance, through an agreement with the State the city would be reimbursed for its expenses.
Motion was made by Commissioner Harden, seconded by Commissioner O’Neal, to approve deployment of city resources for the Hurricane Katrina disaster relief. Motion carried 7-0.
Community Development Director Mike Southard distributed the charts involving the redrawing of ward boundaries. The 2000 census showed that all six wards are still equal so there is no law requiring redistricting.
Currently, Ward 6 has approximately 800 more citizens, but that is attributed to a block of dorms and apartments housing students on the Oklahoma Baptist University campus.
AGENDA ITEM NO. 6: Consider final Payment for Bell Street Project.
The final payment to Vantage Paving for the Bell Street Project had been processed in April of this year. However, Vantage Paving disputed the amount and submitted detailed measurements and calculations to support their position.
City Engineer John Krywicki reviewed their submittal by doing re-measurements and calculations and has determined that the final payment be approved by the City Commission in the amount of $26,049.42.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve final payment in the amount of $26,049.42 to Vantage Paving for the Bell Street Streetscape project. Motion carried 7-0.
AGENDA ITEM NO. 7: Update from staff regarding engineering projects.
City Engineer John Krywicki presented an update on eighteen engineering projects that included street paving projects, water and sewer line relocations, drainage improvement projects, traffic signalization, sidewalk rehabilitation and installation, and intake water tower rehabilitation.
Upon conclusion, Commissioner Harden requested to place on the next meeting agenda discussion of the court house parking improvements.
AGENDA ITEM NO. 8: Consider Memorandum of Understanding between District Attorney’s Office and Shawnee Police Department for services to victims of domestic violence and sexual assault in Shawnee.
Mr. Robert Mitchell, First Counsel to the Pottawatomie County District Attorney, appeared before the City Commission to present the agreement.
The agreement between District Attorney’s Office and Shawnee Police Department will allow the Shawnee Police Department to work in conjunction with the District Attorney’s Office in providing assistance to victims of abuse.
Since funding was not available last year, this agreement will also assist with attempt for renewal of an old grant that the County did not get last year in efforts to help hire a new prosecutor for Pottawatomie County.
A motion was made by Commissioner Harden, seconded by Vice Mayor Peterson, to approve the Memorandum of Understanding between the Shawnee Police Department and the Pottawatomie County District Attorney’s Office to provide assistance to abused victims. Motion carried 7-0.
AGENDA ITEM NO. 9: Consider proposal from F.P.M. Company for engineering work to design an HVAC system.
Motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to defer consideration of the proposal from F.P.M. Company for engineering work to design an HVAC system to the next meeting as requested by staff. Motion carried 7-0.
AGENDA ITEM NO. 10: Consider governmental services agreement between the City and Shawnee Civic and Cultural Development Authority
Ms. Donna Mayo, Operations Director for the Expo Center, noted that one correction to the contract where wording was omitted in paragraph 11 of the Governmental Services Contract should include “except the Trust Indenture.”
A motion was made by Commissioner Downing, seconded by Commissioner Harden, to approve the governmental services agreement between the City of Shawnee and the Civic and Cultural Development Authority with correction. Motion carried 7-0.
AGENDA ITEM NO. 11: Consider an ordinance establishing a twenty-five year non-exclusive franchise to Oklahoma Gas and Electric Company to allow the company to produce, transmit, distribute and sell electricity to customers within the City and repealing Ordinance No. 2204NS.
One word in the ordinance needed to be changed from “tax” to “fee.”
Ordinance No. 2216NS was introduced and the title read aloud.
Ordinance No. 2216NS entitled “An ordinance granting to the Oklahoma Gas and Electric Company, an Oklahoma Corporation, its successors and assigns, the right to produce, transmit and distribute electricity within the city limits and to sell electricity therein for all purposes for which it may be used, to the City of Shawnee, Pottawatomie County, Oklahoma, its inhabitants and the public generally, and the right to construct, maintain and operate a system of poles, wires, conduits and other facilities and equipment in, upon, across, under and over the streets, alleys, public grounds, and other places in the city for such purposes for a period of twenty-five (25) years from the approval and acceptance of this ordinance; providing compensation to the City; and ordering an election.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the Title and Sections 1-12. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2216NS duly passed and adopted.
AGENDA ITEM NO. 12: Consider a resolution calling for a special election to determine whether the electorate of the City of Shawnee will approve the twenty-five year franchise created by Ordinance No. 2216NS for Oklahoma Gas and Electric Company.
Resolution No. 6248 was introduce and the title read aloud.
Resolution No. 6248 entitled “A resolution calling for a special election in the City of Shawnee, Oklahoma, on November 8, 2005, for the purpose of submitting to the qualified electors of the City of Shawnee the question of whether an ordinance granting a franchise to Oklahoma Gas and Electric Company for purposes of producing, transmitting and distributing electricity in the City of Shawnee shall be approved; authorizing the Mayor to call the election by proclamation and requesting the Pottawatomie County Election Board to conduct the election.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the Title and Sections 1-7. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6248 duly passed and adopted.
AGENDA ITEM NO. 13: Consider an ordinance repealing the prohibitions and restrictions on A-frame, sandwich signs and swinger signs.
Commissioner Schrzan had made the request for discussion on the sign ordinance in particular repealing restrictions on A-frame signs.
Community Development Director Mike Southard gave the staff report noting that free standing signs could be a safety issue such as signs in the sight triangle could become a view obstruction.
Commissioner Claybrook, who is a member of the Beautification Committee, gave a brief history of the committee’s past work with city staff to clean up signs in violation of city ordinances.
Upon discussion to involve other entities such as the Beautification Committee and Downtown Shawnee, the following motion was made.
A motion was made by Commissioner Harden, seconded by Commissioner Schrzan, to defer action on the sign ordinance to a future meeting until other entities have reviewed the sign ordinance and bring back their recommendations to the Commission. Motion carried 7-0.
AGENDA ITEM NO. 14: Consider a resolution authorizing the execution of Project Agreement for Federal-aid Project Number STP-163E(176)EH (Airport Trails Extension and Safety Improvements) with the Oklahoma Department of Transportation.
Resolution No. 6249 was introduced and the title read aloud.
Resolution No 6249 entitled “ A resolution approving the execution a certain project agreement between the City of Shawnee and the Department of Transportation of the State of Oklahoma in connection with project agreement for federal aid project number STP-163E (176)EH, State Job Number 22603(04).”
A motion was made by Commissioner Downing, seconded by Commisioner Claybrook, that the Title and Resolution be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6249 duly passed and adopted.
AGENDA ITEM 15: Consider a resolution authorizing the execution of Project Agreement for Federal-aid Project Number STP-163E(177)EH (Shawnee Trails Master Plan Transportation Enhancement Project) with the Oklahoma Department of Transportation.
Resolution No. 6250 was introduced and the title read aloud.
Resolution No. 6250 entitled “A resolution approving the execution a certain project agreement between the City of Shawnee and the Department of Transportation of the State of Oklahoma in connection with project agreement for Federal Aid Project Number STP-163(177)EH, State Job Number 22604(04).”
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that the Title and Resolution be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6250 duly passed and adopted.
AGENDA ITEM NO. 16: Consider a resolution authorizing the execution of a Project Agreement SAP-163C(136) with Oklahoma Department of Transportation for MacArthur Street Paving Project from Leo Street to Highway 177.
Resolution No. 6251 was introduced and the title read aloud.
Resolution No. 6251 entitled “A resolution approving the execution a certain project agreement between the City of Shawnee and the Department of Transportation of the State of Oklahoma in connection with project agreement SAP-163C(136), J/P Number 20816(04).”
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the Title and Resolution be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6251 duly passed and adopted.
AGENDA ITEM 17: Consider Bids:
a. One Walk Behind Concrete Saw (Award)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to award Contractors Supply Company, Oklahoma City, Oklahoma, the bid on the One Walk Behind Concrete Saw in the amount of $10,705.00 as the lowest and best bid. Motion carried 7-0.
b. Screw Pump Repair – Southside Water Treatment Plant (Open)
BIDDER AMOUNT
Lamar Industries $22,700.00
Shawnee, OK
Westchester Development Co. $34,622.00
Shawnee, OK
A motion was made Commissioner Claybrook, seconded by Commissioner Harden, that the bids for the screw pump repair be deferred to staff for review and recommendation at the next meeting.
AGENDA ITEM NO. 18: 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. 19: Administrative Reports
Under Administrative Reports, City Treasurer Becky Cragin issued the quarterly report in comparison to the previous year.
Community Development Director Mike Southard reported that a meeting will be held at the end of this month with the Site Design Group regarding three proposed designs for the skate park. He reported that the City of Shawnee is one of 20 cities selected to receive Transportation Enhancement Fund in amount of $17,500 (with City’s share of $5,000) for tree planting to be done on the south side of I-40 and Harrison.
City Manager Jim Collard reported that he and city staff met last Thursday with Federal Aviation Administration (FAA) officials to present the proposed Early Childhood Center on airport property. A checklist was given to city staff to complete for additional submission to FAA.
He reported that Downtown Shawnee is considering re-enacting the 2-hour parking with enforcement on parking limits.
AGENDA ITEM NO. 20: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDS ITEM NO. 21: Consider an Executive Session for the following purposes:
a. City Manager’s performance evaluation pursuant to 25 O.S. §307(B)(1).
b. Update on contract with International Association of Firefighters Local No. 1628 pursuant to 25 O.S. §307(B)(2)
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Commission go into Executive Session to discuss matters pertaining to City Manager’s performance, and Contract with International Association of Firefighters. Motion carried 7-0.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:07 P.M.
WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:40 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 21: Consider matters discussed in Executive Session:
a. City Manager’s performance evaluation pursuant to 25 O.S. §307(B)(1).
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to renew current contract for City Manager with current terms and conditions. Motion carried 7-0.
A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to award Mr. Collard with a performance bonus of $5,000.00 for prior year service to the City of Shawnee. Motion carried 6-0-1.
b. Update on contract with International Association of Firefighters Local No. 1628 pursuant 25 O.S. §307(B)(2).
No action was taken concerning the update on contract at this time.
AGENDA ITEM NO. 22: Commissioners Comments
Under Commissioners Comments, Vice Mayor Peterson mentioned that the City still does not have a current contract with the Shawnee Economic Development Foundation and she requested to put this item on the next Commission agenda. She also noted that there was not a current agreement with Central Oklahoma Community Action Agency. This item will need to go before the Contracts Review Committee.
AGENDA ITEM NO. 23: Adjournment
There being no further business to be considered, a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 7-0. (10:44 p.m.)
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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