Date: 1/17/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:22:16 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

JANUARY 17, 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, January 17, 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誰eal Wes Beck
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Bob Downing
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. Budget Amendments in Street Improvement Fund, General Fund and Capital Project Fund.

c. Transfers of Appropriations in General Fund.

d. Acknowledge the following reports and minutes:

* Sales Tax Report through January, 2006.

 License Payment Report for the month of December, 2005

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

 Shawnee Community Center report for the month of December, 2005, quarterly report for the fourth quarter and yearly report for 2005.

 Shawnee Urban Renewal Authority minutes from the December 6, 2005 meeting.

 Planning Commission minutes from the December 7, 2005 meeting.

 Sister Cities Council minutes from the December 13, 2005 meeting

 Shawnee Beautification Committee minutes from the December 5, 2005 meeting.

e. Authorize staff to advertise for bids for high volume copier.

f. Authorize staff to advertise for bids for replacement/repair of flow meters at Water Treatment Plant.

g. Authorize staff to advertise for bids for replacement of crane for chlorine cylinder handling at Water Treatment Plant

h. Authorize staff to advertise for bids for installation of HVAC for chlorine room.


i. Authorize extending the agreement with Accurate Labs for an additional year, pending the completion of the pilot study.

j. Authorize staff to advertise for bids for flights, chains and gears for Southside Waste Water Treatment Plant.

k. Approve out-of-state travel for Stephen Nolen and Kelly Lee to attend Incode Annual Education Forum in Dallas, February 27 through March 2, 2006.

l. Accept Airport Perimeter Security Fencing Project and place maintenance bonds into effect.

m. Approve Oklahoma Municipal Retirement Fund Application from Darrell Ulrickson for lump sum distribution.

n. Acknowledge Workers compensation settlement to Clay Maloy
in the amount of $20,000.00.

o. Appointments

Appoint Ann Davis, Bob Weaver, Laquita Hackett and Beverly Mossman to the Centennial Celebration Committee.

Shawnee Industrial Authority

Appoint Kent Bryant to replace Susan Jordan to a term to expire 7-16-2010.

Before voting on the Consent Agenda, Consent Agenda Items 1 (d) and (f) were pulled for separate consideration.

A motion was made by Commissioner Downing, seconded by Commissioner Beck, to approve the Consent Agenda Item No. 1 (a-o), less (d) and (f). Motion carried 7-0.

AYE: Downing, Beck, Peterson, Claybrook, Schrzan, O誰eal, Mills
NAY: None

Under Agenda Item No. 1(d), Vice Mayor Peterson referenced the Shawnee Urban Renewal Authority minutes from December 6, 2005 regarding the topic of restrictions on deeds for donated properties. Her question related to the matter that if the donated property was not used for the intended purposes then would it go back to the entity.
In this case the contributor did not want the property returned. A brief explanation of the process was given by Mr. Wendell Johnson of Westchester Development, the party involved. Also Ms. Jeannetta Townes, SURA Commissioner responded to questions as did staff member Mike Southard.
It was Vice Mayor Peterson痴 request that she would want to hear from SURA Program Manager Mike Wolf to give further explanation at the next meeting on how donations are handled.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O誰eal, to approve Agenda Item No. 1(d), the Shawnee Urban Renewal Authority minutes of December 6, 2005. Motion carried 7-0.

AYE: Peterson, O誰eal, Mills, Beck, Downing, Claybrook, Schrzan
NAY: None

Under Agenda Item 1(f), Utility Director Afsaneh Jabbar explained the replacing of the two flow meters of the incoming water line at the water treatment plant.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve Consent Agenda Item 1(f), authorize staff to advertise for bids for replacement/repair of flow meters at Water Treatment Plant. Motion carried 7-0.

AYE: Peterson, Downing, Claybrook, Schrzan, O誰eal, Mills, Beck
NAY: None

AGENDA ITEM NO.2: Presentation of donations for Shawnee Police Foundation.

Police Corporal Candie Swinney introduced the following groups and individuals who presented monetary donations to the Shawnee Police Foundation:

Southern Cruisers Motorcycle group
VanBrunt痴 Bail Bonding
Monroe痴 Wagoneers
Swinney Pump Service
Dr. Travis Crow
Westchester Development
Galilee Baptist Church
DaMax Development Company
Charlie Hill Oil Company

Mayor Mills expressed appreciation for their donations and assured that the Shawnee Police Foundation would use it for worthy projects.

AGENDA ITEM NO. 3: City Manager痴 Presentation of Employee of the Month. (Amber Davis, Meter Reader).

City Manager Jim Collard presented a plaque and gift certificate to a new employee in the Line Maintenance Division, Amber Davis, Meter Reader, as the January employee of the month in recognition of her dedication and good work for the City of Shawnee.
Ms. Davis was present to accept.

AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 14508 Walker Road from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit to allow for a manufactured home at this location. (Applicant: Eric & Michelle Peters) (Deferred from December 19, 2005 meeting).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone the property located at 14508 Walker Road with a Conditional Use Permit to allow for a manufactured home.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
Community Development Director Mike Southard gave the staff report and it was noted that the Planning Commission recommended approval with certain conditions being met as listed below and thirty (30) days be given to correct the code violations.
Mr. Southard stated that the dwelling was previously installed and has been occupied. A list of corrective actions was prepared by the building inspector and given to the owner at the Planning Commission meeting.

Conditions for Manufactured House Approval

1. The unit must bear a seal certifying compliance with the Federal Manufactured Construction and Safety Standards as revised on April 1, 1995.
2. The unit is dual sectional with a minimum front width of Twenty-four (24) feet and a minimum floor area of One thousand (1,000) square feet.
3. The unit must be attached to a continuous concrete or concrete block foundation that complies with the Building Code. The foundation must be an excavated and backfilled foundation, enclosed at the perimeter with the finished floor being a maximum of Twenty-four (24) inches above the exterior grade of the lot on the uphill side of the house.
4. The roof must be a gable or hip type construction with at least Class C shingle roofing material. The roof slope must have a vertical rise of Three (3) inches for every Twelve (12) inches of horizontal run with a minimum eave projection and roof overhang of Eight (8) inches, which may include guttering.
5. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure.

No formal protest had been filed with the City Clerk.

After due and careful consideration, Ordinance No. 2230NS was introduced and the title read aloud.

Ordinance No. 2230NS entitled 鄭n ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to wit: The North Half of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (N/2 SW/4 NE/4 SE/4) of Section 8, Township 10 North, Range 2 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at the Southeast Corner of said Section 8; thence N00ー0000 E on the East line of said Section a distance of 1976.12 feet; thence N89ー2929埜 a distance of 658.12 feet to the Northeast Corner of said N/2 SW/4 NE/4 SE/4 and the point of beginning; thence N89ー2929埜 a distance of 658.45 feet to the Northwest Corner of said N/2 SW/4 NE/4 SE/4; thence S00ー0417埜 a distance of 330.22 feet to the Southwest Corner of said N/2 SW/4 NE/4 SE/4; thence 89ー3026忍 a distance of 658.65 feet to the Southeast Corner of said N/2 SW/4 NE/4 SE/4; thence N00ー0208忍 a distance of 330.03 feet to the point of beginning... And The North 30 feet of the N/2 SE/4 NE/4 SE/4, more particularly described as follows: Beginning at the Southeast Corner of said Section 8; thence N00ー0000忍 on the East line of said Section a distance of 1946.12 feet to the point of beginning; thence N89ー2929埜 a distance of 658.47 feet; thence N00ー0208忍 a distance of 30.00 feet; thence S89ー2929忍 a distance of 658.45 feet to the East line of said Section; thence S00ー0000埜 on the East line of said Section a distance of 30.00 feet to the point of beginning, rezoning said property from A-1; Agricultural District to A-1P; Agricultural District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2230NS be approved with the five conditions being met for a Residential Design Manufactured home and owner be given thirty (30) days to address the code violations and bring the home into compliance with code as stipulated by staff. Motion carried 7-0.

AYE: Downing, Schrzan, O誰eal, Mills, Beck, Peterson, Claybrook
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2230NS duly passed and adopted.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance closing the alley located west of North Pennsylvania, between Highland and Ada streets. (Applicant: David Tomlinson)

Mayor Mills declared a public hearing in session to consider an ordinance closing the alley located west of North Pennsylvania between Highland and Ada Streets.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the alley closing request. No persons appeared and the public hearing was closed.
Staff report was given by Community Development Director Mike Southard and it was noted that the Planning Commission had recommended approval of the alley closing and no formal written protests had been filed with the City Clerk. He added that once the alley has been closed the applicant would vacate the alley and consolidate the lots into a single develop-able lot zoned C-1.
After due and careful consideration, Ordinance No. 2231NS was introduced and the title read aloud.
Ordinance No. 2231NS entitled 鄭n ordinance closing to public use the alley running East and West located West of North Pennsylvania Street between Highland and Ada Streets in the City of Shawnee, Oklahoma; specifically describing said location; reserving utilities; reserving the right to reopen said alley; and declaring an emergency.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Sections 1-4 be approved. Motion carried 7-0.

AYE: Schrzan, Peterson, Downing, Claybrook, O誰eal, Mills, Beck
NAY: None

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that Section 5, the emergency clause, be approved. Motion carried 7-0.

AYE: Downing, Schrzan, O誰eal, Mills, Beck, Peterson, Claybrook
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2231NS duly passed and adopted.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 1710 N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for the sale of beer and alcoholic beverages for on-premise consumption. (Applicant: Hui Cheng Wang d/b/a King Buffet)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 1710 N. Harrison with a Conditional Use Permit to allow for the sale of beer and alcohol for on-premise consumption.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request. No persons appeared and the public hearing was closed.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2232NS was introduced and the title read aloud.
Ordinance No. 2232NS entitled 鄭n ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: A tract of land described as beginning at a point 1362.50 feet North of the Southeast Corner of the Southeast Quarter (SE/4) of Section 7, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence North a distance of 109.9 feet; thence West a distance of 325 feet; thence South a distance of 110 feet; thence East a distance of 9 feet; thence North a distance of 0.10 feet; thence East a distance of 316 feet to the point of beginning AND
A tract of land located in the Southeast Quarter (SE/4) of Section 7, Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, described as beginning at a point 1472.40 feet North and 325.00 feet West of the Southeast Corner of said Section 7; Township 10 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, described as beginning at a point 1472.40 feet North and 325.00 feet West if the Southeast Corner of said Section 7, thence West a distance of 95.00 feet; thence South a distance of 110.00 feet; thence East a distance of 95.00 feet; thence North a distance of 110.00 feet to the point of beginning rezoning said property from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2232NS be approved. Motion carried 7-0.

AYE: Downing, Peterson, Claybrook, Schrzan, O誰eal, Mills, Beck
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2232NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consider amending Ordinance No. 2052NS and Section 40.2.8 of the Zoning Code to remove the requirement for sidewalks in new residential subdivisions.

A motion was made by Commissioner Downing, seconded by Commissioner O誰eal, to defer the public hearing for consideration of amending Ordinance No. 2052NS and Section 40.2.8 to remove sidewalks in new residential subdivisions until February 21, 2006 meeting. Motion carried 7-0.

AYE: Downing, O誰eal, Mills, Beck, Peterson, Claybrook, Schrzan
NAY: None
CITY COMMISSION RECESSED AT 7:38 P.M. FOR A FIVE MINUTE BREAK AND RECONVENED AT 7:43 WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 8: Consider lake lease, Lot 5 Bodkin Tract, leased by Lahoma Gallagher. (Continued from November 21 and December 19, 2005 meetings).

At the November 21st City Commission meeting, Commission took action to allow staff to check with the Department of Environmental Quality (DEQ) to determine if records could be produced on the inspection of the septic tank system.
The lease has not been renewed because there is no proof of the system being inspected when it was installed in the early 1980s.
Ms. Lahoma Gallagher was present to speak for her lease. She had a receipt of the installation of the septic system, but not a report that it had been approved by the State Health Department.
Community Development Director Mike Southard gave the report that staff had contacted the State Health Department and the Department of Environmental Quality for records that would show that an inspection had been made on the septic tank. To no avail, records could not be produced.
It was staff痴 recommendation that the owner be given sufficient time to install a new septic tank to comply with city codes and if that cannot be done then the alternative would be to revoke the lease.
After careful consideration on this issue and it effect on the lake water supply, the following motion was made.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that staff痴 recommendation be accepted to allow the owner ninety (90) days to come into compliance with the city codes or the lease will be terminated. Motion carried 7-0.

AYE: Peterson, Downing, Claybrook, Schrzan, O誰eal, Mills, Beck
NAY: None

AGENDA ITEM NO. 9: Presentation by staff and consider Water Management Plan.

City Manager Jim Collard presented the 的nterim Report of the City of Shawnee Water Management Plan on the power-point and was assisted by Utility Director Afsaneh Jabbar.
Mr. Collard gave a history of the water plan stating that it was enacted in 1983 by ordinance to address water rationing.
He informed the Commission that the plan needed to be modified to tie in a rationing plan that would determine at what criteria should the City of Shawnee would go on water rationing.
Mr. Collard stated that the city is not in a crisis state yet, but a water management plan needs to be put in place since it was acknowledged that the majority of the state of Oklahoma was in a drought.
Mr. Collard gave two reasons to consider a water rationing plan be in place because of the water supply issue and the basic demand on the water treatment system.
He emphasized that the community as a whole needed to start thinking about taking water conservation actions daily.
Highlights of the report touched on:

*Category 1, Demand Based and Category II, Supply Based
*Graph of percentage use/percentage Revenue
*Map of current US Drought Monitor nationwide
*Lake water rationing levels

Further points of discussion involved meeting the Department of Environmental Quality standards and current operations of the water treatment plant; Wes Watkins as a supply; cost to tie-in to Atoka waterline; and ways staff can run tests to determine the best methods of improving the water treatment.
Concluding, City Manager Jim Collard stated that to get the citizens involved and be informed about the water situation, he would start out with a town hall meeting and include ward meetings and make presentations to civic organizations.
He noted that staff would be giving updated reports at each City Commission meeting.

AGENDA ITEM NO. 10: Presentation by staff regarding survey of city development services.

Administrative Assistant Toni Gray reported that a satisfaction survey was being developed to send to customers that do business with or have been in contact with the various divisions of the City.
The purpose is to use the surveys as a self-improvement report of how the citizens are being served by the City.
She stated that she is being assisted by an OBU class that will help with gathering the statistics of the incoming surveys.
The department that has been selected for the first surveys will be the Planning/Code Enforcement. The time period covered will be over two and one-half years with 1,200 surveys to be mailed.
She also reported that the recycling surveys would soon be mailed.

AGENDA ITEM NO. 11: Consider Bids.

a. Cleveland Street Sanitary Sewer Project (Award)

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to award the bid for the Cleveland Street Sanitary Sewer Project to Trent Construction, Harrah, Oklahoma, in the total amount of $52,535.00 as the lowest and best bid. Motion carried 7-0.

AYE: Downing, Schrzan, O誰eal, Mills, Beck, Peterson, Claybrook
NAY: None

b. Northridge Drainage Project

It was staff痴 recommendation to reject the bids and re-bid since all the bids received were significantly over budget and staff would explore ways of possibly city crews doing a portion of the work.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O誰eal, to accept staff痴 recommendation to reject all bids and re-bid the Northridge Drainage Project at a later date. Motion carried 7-0.

AYE: Peterson, O誰eal, Mills, Beck, Downing, Claybrook, Schrzan
NAY: None
The following bids were opened and read aloud into record.

c. Digital Copy Machine for City Clerk痴 Office (Open)

Bidder Monthly Base Payment (60 months)

Don痴 Copiers Plus, Inc. Savin 8025 $88.70
Shawnee, OK Savin 8030 $106.43

Shawnee Office Systems #2050 $87.00
Shawnee, OK Copystar #3035 $128.00
#2550 $96.00

A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to defer the Digital Copy Machine bids to staff for a review and recommendation at the next meeting. Motion carried 7-0.

AYE: Schrzan, Downing, Claybrook, O誰eal, Mills, Beck, Peterson
NAY: None

d. Chain Link Fencing and Gates for Water Treatment Plant (Open)

Bidder Amount

Kelley Fence Company $13,605.00
Oklahoma City, OK

A-1 Fence Company $10,254.00
Tecumseh, OK

A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to defer the Chain Link Fencing and Gates for Water Treatment Plant to staff for review and recommendation at the next meeting. Motion carried 7-0.

AYE: Peterson, Beck, Downing, Claybrook, Schrzan, O誰eal, Mills
NAY: None

e. I-40/Harrison Enhancement Project (Open)

Community Development Director Mike Southard reported that only one bid had been received for the I-40/Harrison Enhancement Project and in consideration of possible water rationing, he asked that the bid be rejected and carryover to next fall.
A motion was made by Commissioner Schrzan, seconded by Commissioner O誰eal, to reject the bid for the I-40/Harrison Enhancement Project and carryover to next fall. Motion carried 7-0.

AYE: Schrzan, O誰eal, Mills, Beck, Peterson, Downing, Claybrook
NAY: None

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, the following staff reports were given:
*Emergency Management Director Don Lynch gave an update on the wildfire situation.
*City Engineer John Krywicki presented a 鉄uperior Achievement Award from the Oklahoma Good Roads Association that the City of Shawnee received.
*City Treasurer/Finance Director Becky Cragin gave the financial quarterly report noting that the revenues had increased and the expenses in the General Fund had a slight increase.
*City Manager Jim Collard reported that staff would be starting on next year痴 budget in ten days and a calendar of the budget retreat would be presented soon.

AGENDA ITEM NO. 14: Citizens Participation (A five minute
limit per person) (A fifteen-minute limit per topic)

Under Citizens Participation, Ms. Mary Rafferty on North Pennsylvania Street, requested law enforcement to monitor the traffic during the Saturdays that a local church gives discount groceries called the 鄭ngel Food Program. The traffic creates a traffic jam and blocks the driveways and her concern is if an emergency was to occur, there would not be room for the vehicle to pass.
Police Chief Chitwood responded that he would have a police unit check the next time.

AGENDA ITEM NO. 15: Commissioners Comments.
Under Commissioners Comments, Commissioner Schrzan announced that the Shawnee Twin Lakes Association would be meeting Thursday January 19, 2006 at 6:30 P.M. at the City Commission Chambers.
Commissioner Beck acknowledged the good reports he was hearing of the splendid work Emergency Management, Fire and Police Departments are doing.

AGENDA ITEM NO. 16: 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. (9:45 p.m.)

AYE: Downing, Peterson, Claybrook, Schrzan, O誰eal, Mills, Beck
NAY: None

_____________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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