Date: 11/21/2005Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:19:04 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

NOVEMBER 21, 2005 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 21, 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 Linda Peterson
Commissioner Ward 1 Commissioner Ward 5-Vice Mayor
Bob Downing
Commissioner Ward 6

ABSENT: Tom Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3

Chris Harden
Commissioner Ward 4

INVOCATION Reverend Jimmie Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Minutes of November 7, 2005 meeting.

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the November 7, 2005 minutes be approved as presented. Motion failed 3-0-1.

AYE: Downing, Claybrook, Mills
NAY: None
ABSTAIN: Peterson (Not present at the November 7, 2005 meeting)

AGENDA ITEM NO. 2: Presentation of appreciation plaque to out-going Ward IV Commissioner Chris Harden.

Due to the absence of Chris Harden, out-going Ward IV Commissioner, the plaque of appreciation for service to the City from July 5, 2005 to November 21, 2005, would be delivered to her.

AGENDA ITEM NO. 3: Swearing in of Wes Beck as Ward IV Commissioner by Municipal Judge Robert H. Jones and presentation of Certificate of Election.

Municipal Judge Robert H. Jones conducted a swearing-in-ceremony and administered the oath of office to Mr. Wes Beck as the Ward IV City Commissioner. The term expires in 2008.
Mayor Mills presented Commissioner Beck the official Certificate of Election.

THE CITY COMMISSION RECESSED AT 5:36 P.M. FOR RECEPTION HONORING WARD IV COMMISSIONER BECK (15 minutes)

THE CITY COMMISSION RECONVENED AT 5:54 P.M. WITH
COMMISSIONER SCHRZAN NOW 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. 12.

b. Budget Amendments in General Fund and 2005 CDBG Entitlement Grant Fund.

c. Transfers of Appropriations in Shawnee Municipal Authority and Street Fund.

d. Acknowledge the following reports and minutes:

* Sales Tax Report through November, 2005.

 Shawnee Community Center report for the month of October, 2005

 License Payment Report for the month of October, 2005

 Planning Division Project Payment Report for the month of October, 2005

 Shawnee Urban Renewal Authority minutes from the October 18, 2005 meeting.

 Shawnee Beautification Committee minutes from the September 12, 2005 meeting.

 Sister Cities Council minutes from the October 11, 2005 meeting.

e. Lakesite Lease:

Renewal:

Lot A, Hart Tract

Elton Agee & Linda Agee
16001 Hart Road
Shawnee, OK 74801

Transfer:

Lot 4, Damron Tract

To: Geoffrey A. Pruitt & Nancy J. Pruitt
1210 St. Andrews Dr.
Edmond, OK 73003

From: Jack A. Moore & Betty L. Moore
33803 Belcher Road
Shawnee, OK 74801

f. Acknowledge letter to Chief Chitwood from Susan Kinkade expressing appreciation to Officers Raymond and Kelly Vague for drug program and K-9 demonstration.

g. Approve recommendation from Community Service Contracts Review Committee to renew a six-month contract with Central Oklahoma Community Action Agency for management of Municipal Auditorium and Shawnee Community Center for the period from January 1, 2006 through June 30, 2006.

h. Approve recommendations from the November 7, 2005 Beautification Committee:

1. Discuss and consider changing the sign ordinance related to A-frame, swinger and sandwich signs.

Recommendation: That no changes be made to the current sign ordinance related to A-frame, swinger and sandwich signs.

2. Request from Rick Haley for installation of a 9-hole disc golf course at Boy Scout Park.

Recommendation: To approve request.

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the Consent Agenda No. 1 (a-h). Motion carried 6-0.

AYE: Downing, Peterson, Claybrook, Schrzan, Mills, Beck
NAY: None

AGENDA ITEM NO. 5: Mayor’s Presentation:

a. Certificate of Achievement to Gage Pennanen for winning the Presidential Fitness Award five consecutive times.

Mayor Mills presented a certificate from the City of Shawnee to Gage Pennanen, elementary student, in recognition of his achievement of winning five consecutive Presidential Fitness Awards. Gage was present to accept.

b. Resolution of Appreciation to Tom Hennigh for over 27 years service to the City of Shawnee.

Commissioner Downing presented the Resolution of Appreciation to Tom Hennigh for over 27 years of loyal service to the City of Shawnee by serving in the Police Department.

Resolution No. 6256 was introduced and the title read aloud.

Resolution No. 6256 entitled “A resolution expressing appreciation to Tom Hennigh for over 27 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 Tom Hennigh.”

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution No. 6256 be approved. Motion carried 6-0.

AYE: Claybrook, Peterson, Schrzan, Mills, Beck, Downing
NAY: None

Thereupon Mayor Mills declared Resolution No. 6256 duly passed and adopted.

AGENDA ITEM NO. 6: City Manager’s presentation of Employee of the Month. (Randy Wesley – Action Center).

City Manager Jim Collard presented a plaque and gift certificate to Randy Wesley, Action Center, as the November employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.

Mr. Wesley has been employed with the City of Shawnee for 14 years of which 11 years was working in the Animal Control Division and three years in the Action Center. Mr. Wesley was present to accept his award.

MAYOR MILLS ANNOUNCED THAT THE COMMISSION WOULD DEVIATE FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEM NO. 8.

AGENDA ITEM NO. 8: Discuss and consider lake lease, Lot 5 Bodkin Tract, leased by Lahoma Gallagher.

The staff report was given by Community Development Director Mike Southard regarding the lake lease at Lot 5, Bodkin Tract, leased by Ms. Lahoma Gallagher, addressing the septic tank system not meeting the reporting requirements.
Mr. Southard reported that in 1998 an ordinance was adopted with an additional requirement of lake lease inspections that would include an on-site sewage disposal system inspection report from the Department of Environmental Quality(DEQ).
In this case, the lessee cannot produce an inspection report showing that it had been inspected when it was installed in the early 1980s.
Ms. Lahoma Gallagher was present to give an account of her trying to get the report to no avail. She had a receipt of the installation of the septic system.
In discussion, it was the city manager’s suggestion that staff check further with DEQ to try to resolve this issue.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to defer decision on the lake lease, Lot 5 Bodkin Tract, leased by Ms. Lahoma Gallahger, to the December 19th meeting to allow Utility Director Afsaneh Jabbar to check with DEQ. Motion carried 6-0.

AYE: Downing, Peterson, Claybrook, Schrzan, Mills, Beck
NAY: None

THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA.

AGENDA ITEM NO. 7: Consider a resolution of support by the city for favorable consideration to be given for a tax credit award for the proposed construction of 59 single-family homes by Shawnee Affordable Housing LP and Native American Housing Services, Inc.

Resolution No. 6257 was introduced and the title read aloud.

Resolution No. 6257 entitled “A resolution of the Board of Commissioners of the City of Shawnee for community support for the construction of 59 single family homes.”

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that the Title and Resolution be approved. Motion carried 6-0.

AYE: Claybrook, Downing, Schrzan, Mills, Beck, Peterson
NAY: None

Thereupon Mayor Mills declared Resolution No. 6257duly passed and adopted.

AGENDA ITEM NO. 9: Consider an ordinance relating to the reporting of items and their descriptions on the daily article lists of pawnbrokers, auction houses, salvage shops and junk dealers to the Shawnee Police Department.

Ordinance No. 2124NS was introduced and the title read aloud.

Ordinance No. 2124NS entitled “An ordinance relating to reports of pawnbrokers, auction houses, salvage shops and junk dealers; amending Section 8-3, Article 1 of Chapter 8 of the Code of the City of Shawnee; allowing the chief of police to establish the manner by which pawnbrokers, auction houses, salvage yards and junk dealers report their daily article list; adding to required item description; adding the requirement of a physical description of the person from whom such articles are received; providing for severability and declaring an emergency.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the Title and Sections 1-2 be approved. Motion carried 6-0.

AYE: Peterson, Downing, Claybrook, Schrzan, Mills, Beck
NAY: None

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Downing, Peterson, Claybrook, Schrzan, Mills, Beck
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2124NS duly passed and adopted.

AGENDA ITEM NO. 10: Consider a Memorandum of Agreement between the City and Nick Davis Productions for televising police chief series. (Deferred from 11/7/05)

City Manager Jim Collard reported that he was not able to get more than $5,000 per episode for the production of the non-fiction television series featuring Police Chief Michael Chitwood and the Shawnee Police Department.
Mr. Gordon Wasserman, producer of the series, was present to address questions from the Commission and to state that the $5,000 per episode was the top offer.
Mr. Wasserman felt confident that the series would be an impressive document that would show new ways of fighting crime in a smaller community.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the memorandum of agreement between the City of Shawnee and Nick Davis Productions. Motion carried 6-0.

AYE: Downing, Schrzan, Claybrook, Mills, Beck, Peterson
NAY: None

AGENDA ITEM NO. 11: Consider O.G. & E. Kickapoo Street Relocation Agreement, STPY-163A(05),J/P 18969(04).

City Engineer John Krywicki gave the staff report noting that it would cost the city approximately $59,968.00 for OGE to relocate and install electrical lines underground because of the ODOT and City Kickapoo Street paving project.
Staff has the funds budgeted and it is the most cost-efficient.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the electric facilities relocation agreement between the City of Shawnee and the Oklahoma Gas and Electric Company (OG&E) for the Kickapoo Street paving project. Motion carried 6-0.

AYE: Claybrook, Peterson, Schrzan, Mills, Beck, Downing
NAY: None






AGENDA ITEM NO. 12: Consider Bids:

a. Emergency Vehicle Exhaust Removal System (Award)

Fire Chief Jerry Bower received two (2) bids for the Vehicle Exhaust Removal System. Upon review of both bids it was recommended that the lowest bid of $86,880.00 by Air Cleaning Technologies, Inc. be awarded the bid to do the installation in all three fire stations.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to award the Vehicle Exhaust Removal System bid to Air Cleaning Technologies, Inc., Broken Arrow, Oklahoma, in the amount of $86,880.00 as the lowest and best bid. Motion carried 6-0.

AYE: Downing, Schrzan, Claybrook, Mills, Beck, Peterson
NAY: None

City Engineer John Krywicki read into the records the following bids:

b. Asphaltic Concrete Type A, B & C (Open)


Hot Mix Asphalt Concrete

Fiscal Year 2005-2006

T.J. Campbell Falcon Matl Haskell Lemon
Oklahoma City, OK Wewoka, OK Oklahoma City, OK

Material Delivered to Job Site Price per ton Price per ton Price per ton

Type A Asphaltic Concrete 42.50 38.80 37.00


Type B Asphaltic Concrete 43.50 41.10 39.50

Type C Asphaltic Concrete 43.50 42.50 39.50


Material Loaded at Plant Price per ton Price per ton Price per ton

Type A Asphaltic Concrete 36.25 33.85 31.00

Type B Asphaltic Concrete 37.25 36.15 33.50

Type C Asphaltic Concrete 37.25 37.60 33.50



Hot Mix Asphalt Concrete

Fiscal Year 2005-2006

APAC
Tulsa, OK

Material Delivered to Job Site Price per ton Price per ton Price per ton

Type A Asphaltic Concrete 32.75

Type B Asphaltic Concrete 36.00

Type C Asphaltic Concrete 44.75


Material Loaded at Plant Price per ton Price per ton Price per ton

Type A Asphaltic Concrete 30.00

Type B Asphaltic Concrete 33.25

Type C Asphaltic Concrete 42.00


A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the bids be deferred to staff for review and recommendation at the next meeting. Motion carried 6-0.

AYE: Downing, Claybrook, Schrzan, Mills, Beck, Peterson
NAY: None


c. Aggregate Materials (Open)

Aggregate Material

Fiscal Year 2005-2006
NB = No Bid

Material Services Falcon Materials Martin Marietta Dolese
Of Oklahoma Materials
Cushing, OK Wewoka, OK Moore, OK OKC, OK

Material Price per ton Price per ton Price per ton Price per ton

1 ½” Crusher Run #1 5.25 NB 3.35 3.15

1 ½” Crusher Run #2 3.00 4.25 NB 3.15

2” Crusher Run NB NB 3.40 3.40

3/8” Limestone Chips NB NB 6.50 6.20

5/8” Limestone Chips NB 8.00 6.25 5.85

1 ½” Coarse Stone NB NB 4.80 4.80

2” Coarse Stone 5.75 NB NB 5.50

3/8” Screenings NB 5.00 4.00 3.90

5/8” Mill Run NB NB NB NB

1 ½” Mill Run #10 NB NB NB 4.60

6” Rip Rap NB NB NB 5.10

8” Rip Rap NB NB NB 8.75

10” Rip Rap NB NB NB NB

12” Rip Rap NB NB 10.00 8.75

18” Rip Rap NB NB 9.00 7.75

24” Rip Rap NB NB 9.00 7.75


A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the bids for the Aggregate Materials be deferred to staff for review and recommendation at the next meeting. Motion carried 6-0.

AYE: Schrzan, Peterson, Downing, Claybrook, Mills, Beck
NAY: None

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Under Administrative Reports, the following were given:

*City Manager Jim Collard explained about the error in the payroll system that did not withhold the correct amount of state and federal taxes in 2003 from an employee’s pay and actions taken by city staff to correct the error.
*City Engineer John Krywicki advised that staff will conduct further study to establish a plan for paving alleys in future budget. It was estimated that 21miles of alleyways are not paved in the city limits.
*Utility Director Afsanah Jabbar informed about the Water Resource Committee meeting held last week discussing water issues such as quality and the distribution system. She reported on the meeting with the Shawnee Twin Lakes Association and her explanation to them about the water distribution.
Vice Mayor Peterson suggested having available at the public library basic information about how water lines get from the lake or lakes to the city treatment plan.
*Community Development Director Mike Southard reported that the Skate Park plans were ninety percent (90%) complete; and he would meet with the School Land Commission person after the Thanksgiving holidays about the Regional Park 30-year lease.

AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person)
(A fifteen-minute limit per topic)

Under Citizens Participation, Mr. Jim Sims, appeared before the Commission to voice concerns about wheelchair/handicapped accessibility within the city. He volunteered to assist with a plan of action regarding the City becoming ADA compliant.
Mr. Doyle Reese, Shawnee resident, appeared to voice his opinion about the building permit fee of $140 was too high and he felt that it should not be calculated on square footage.

AGENDA ITEM NO. 16: Commissioners Comments.
Under Commissioners Comments, the following comments were made:
Commissioner Schrzan requested to place on the next City Commission agenda under executive session discussion of the city treasurer’s job performance.
Mayor Mills announced several upcoming community activities and Vice Mayor Peterson stated that she missed the last City Commission meeting due to a family illness and thanked everyone for keeping her informed and for their support.

AGENDA ITEM NO. 17: Adjournment.
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 6-0. (8:05 p.m.)

AYE: Schrzan, Peterson, Claybrook, Mills, Beck, Downing
NAY: None

______________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERKTweet

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