Date: 3/6/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:24:42 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 6, 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, March 6, 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 Wes Beck
Commissioner Ward 1 Commissioner Ward 4

Marva O’Neal Bob Downing
Commissioner Ward 3 Commissioner Ward 6

Linda Peterson
Commissioner Ward 5-Vice Mayor

ABSENT: Tom Schrzan
Commissioner Ward 2

INVOCATION Reverend Jimmy Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda:

a. Minutes from the February 21, 2006 meeting.

b. Acknowledge the following minutes:

* Planning Commission minutes from the February 1, 2006 meeting.

* Shawnee Urban Renewal Authority minutes from the February 7, 2006 meeting.

* Civic and Cultural Development Authority minutes from he January 29, 2006 meeting.

c. Approve out-of-state travel for Detective David Shannon to attend the Texas Department of Public Safety Polygraph School in Austin, Texas May 30 – August 4, 2006.

d. Approve a resolution authorizing Mayor Chuck Mills to nominate Becky Cragin to the Oklahoma Municipal Assurance Group Board of Directors.

Resolution No. 6267 entitled “A resolution authorizing and directing Chuck Mills, Mayor and authorized agent of the City of Shawnee to nominate Rebecca Cragin to fill a vacancy on the Board of Trustees of the Oklahoma Municipal Assurance Group for a three-year term commencing on July 1, 2006.”

e. Appointments:

Oklahoma Centennial Committee

Tom Terry
Kayron Devereaux
Rod Hopper
Renee Hopper
Cliff Lehman
Ruth Kennon
Richard Schroyer

Cable Television Advisory Committee

Bryan Caskey
Roger Hadley
Kermit Milburn
Connie Little
John C. Stobbe
Tony McMurry
Bill Johnson

Before voting on the Consent Agenda, items 1(b and c) were pulled for separate consideration, as requested by Vice Mayor Peterson.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that Agenda Item No. 1 (a-f), less (b and c) be approved. Motion carried 6-0.

AYE: Downing, Claybrook, O’Neal, Mills, Beck, Peterson
NAY: None

Under Agenda Item l(b), a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the SURA minutes of February 7, 2006. Motion carried 6-0.

AYE: Downing, Peterson, Claybrook, O’Neal, Mills, Beck
NAY: None

Under Agenda Item No. 1(c), a motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Detective David Shannon to attend the Texas Department of Public Safety Law Enforcement Polygraph School in Austin Texas from May 30th thru August 4th; and for City of Shawnee to pay cost of city vehicle and remaining expense for meals not provided. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Beck, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentation:

Mayor Mills presented the following proclamation:

“National Red Cross Month”
March, 2006
(accepted by Ms. Thixie Totty and Ms. Debbie Jack)
Presentation of Officer of the Month plaque to Sgt. Rodney Taylor

Police Chief Mike Chitwood announced that Sgt. Rodney Taylor was the Officer of the Month and the plaque would be given to Sgt. Taylor in recognition of his excellent and dedication to the City of Shawnee.
Sgt. Taylor was not present at the meeting to accept his plaque.

AGENDA ITEM NO. 3: Presentation by Chief Chitwood of Certificates of Appreciation to the following volunteers and businesses for their participation during the warrant sweep of February 26-27, 2006: Butch Cushman, Sondra Cushman, Betty Rogers, Opal Dean Thomas, Garfields Restaurant and Thai Orchid Restaurant.

Police Chief Mike Chitwood presented Certificates of Appreciation to
the following volunteers and businesses for their participation during the warrant sweep of February 26-27, 2006: Butch Cushman, Sondra Cushman, Betty Rogers, Opal Dean Thomas, Garfields Restaurant and Thai Orchid Restaurant.
City Clerk/Court Clerk Diana Hallock announced that $19,820.46 had been collected to-date from outstanding warrants.

AGENDA ITEM NO. 4: Presentation of $15 million and $20 million reinvestment plaques from the Main Street Center to Downtown Shawnee and Shawnee City Commissioners.

Mayor Mills was presented with two awards from Ms. Linda Barnett, State Director of the Oklahoma Main Street Center of the Oklahoma Department of Commerce, that recognized Downtown Shawnee, Inc. with $15 and $20 Million Main Street awards for using the four-point approach for downtown revitalization.
According to a media release in the agenda packet, Downtown Shawnee was recognized with a plaque for reinvesting more than $26 million in total reinvestment in 2005, which includes public and private dollars. Shawnee’s renovation of the Aldridge Hotel contributed $10 million toward the leap in private reinvestment in the past couple of years.
The Oklahoma Main Street Program employs the Four-Point Approach of organization, promotion, design and economic restructuring.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located on Wolverine Road between Kickapoo and Harrison Streets from A-1; Agricultural District to I-2; Light Industrial District for prospective industrial uses. (Applicant: South River Investment Corp.)

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located on Wolverine Road between Kickapoo and Harrison Streets for prospective industrial uses.
Mayor Mills asked if anyone was in favor or in protest of the rezoning request. No persons appeared and the public hearing was closed.
The staff report was given and it was noted the Planning Commission had recommended approval and that no formal written protest had been filed.
After due and careful consideration, Ordinance No. 2240NS was introduced and the title read aloud.

Ordinance No. 2240NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: The East Half of the East Half of the Northeast Quarter (E/2 E/2 NW/4) of Section 19, Township 11 North, Range 4 East of the Indian Meridian, Pottawatomie County, Oklahoma, rezoning said property from A-1, Agricultural District to I-2; Light Industrial District and amending the official zoning map of the City of Shawnee accordingly.”

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve Title and Ordinance No. 2240NS. Motion carried 6-0.

AYE: Downing, Peterson, Claybrook, O’Neal, Mills, Beck
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2240NS duly passed and adopted.

AGENDA ITEM NO. 6: Consider approval of final plat for Shawnee Mission Plaza, Section 6, located south of Interstate Parkway between Union and Kickapoo Streets. (Applicant: John Baxter o/b/o Intervest Development).

Community Development Director Mike Southard gave the staff report stating that the proposed use for Shawnee Mission Plaza Section 6 property is for a retail business consisting of a two- lot subdivision.
The Planning Commission finds the final plat conforms to all city codes and recommends approval.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the final plat for Shawnee Mission Plaza Section 6 located South of Interstate Parkway between Union and Kickapoo streets as submitted by applicant John Baxter o/b/o Intervest Development. Motion carried 6-0.

AYE: Downing, Peterson, Claybrook, O’Neal, Mills, Beck
NAY: None

AGENDA ITEM NO. 7: Consider approval of final plat for Immanuel Baptist Church located south of 45th Street and west of Bryan Street. (Applicant: Immanuel Baptist Church).

Community Development Director Mike Southard gave the staff report noting that the proposed use for final plat located south of 45th Street and west of Bryan is a one-lot subdivision consisting of +/-30 acres. Sufficient right-of-way will be dedicated (50 feet from centerline) in accordance with the Comprehensive Plan and Subdivision Regulations.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the final plat for the Immanuel Baptist Church located south of 45th Street and west of Bryan Street as submitted by Immanuel Baptist Church, applicant. Motion carried 6-0.

AYE: Claybrook, Peterson, Downing, O’Neal, Mills, Beck
NAY: None

AGENDA ITEM NO. 8: Consider approval of sale not to exceed Two Million Eight Hundred Thousand Dollars ($2,800,000.00) Oklahoma Baptist University Authority Revenue Refunding Bonds, Series 2006.

City Treasurer/Finance Director Becky Cragin reported that staff recommends approval of the OBU bond sale since it does not affect city’s bond funding and that the City does not assume responsibility.

Resolution No. 6268 was introduced and the title read aloud.

Resolution No. 6268 entitled “Approval of sale not to exceed two million eight hundred thousand dollars ($2,800,000.00) Oklahoma Baptist University Authority, Oklahoma Baptist University Revenue Refunding Bonds, Series 2006, designating bonds as bank qualified, waiving competitive bidding, and declaring an emergency.”


A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the Title and Resolution No. 6268. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Beck, Downing, Claybrook
NAY: None

Thereupon Mayor Mills declared Resolution No. 6268 duly passed and adopted.

AGENDA ITEM NO. 9: Discuss the solid waste collection contract and authorize staff to send Request for Proposals for solid waste collection.

Utility Director Afsaneh Jabbar gave the staff report on requesting bidders to supply a plan and ask for several options for solid waste collection.
It was noted that the recycling questionnaire was sent to the citizens and the deadline for the surveys to be returned will be April 10. Thereafter, the results will be presented to the Commission.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to authorize staff to send request for proposals for solid waste collection. Motion carried 6-0.

AYE: Peterson, Downing, Claybrook, O’Neal, Mills, Beck
NAY: None

AGENDA ITEM NO. 10: Consider authorizing staff to purchase a street sweeper.

City Engineer John Krywicki gave the staff report on the history of the city’s contracted street sweeping services over the past 15 years and the costs involved.
A survey was conducted of 15 in-state cities regarding street sweeping done in-house vs. contracting out, and only one had contracted the services and the other cities had street sweeping done in-house.
The advantages to providing in-house street sweeping operations was better control and accountability; quicker response to specific sites; less funding from the General Fund; and cost-effectiveness over a 6-year period.
A motion was made by Commissioner Beck, seconded by Commissioner O’Neal, to authorize staff to advertise for bids for the purchase of a street sweeper. Motion carried 6-0.

AYE: Beck, O’Neal, Mills, Peterson, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 11: Consider revoking lake lease of James Falter, Lots 2 and 3 Bodkin Tract.

Community Development Director Mike Southard gave the staff report regarding the history of the lake lease lots 2 and 3, Bodkin Tract and city staff working with the lessee to get the lots in compliance with city codes dating back to 2003.
In the agenda packet was the letter sent from Assistant Building Inspector Jason Miles to Mr. Falter informing him that the revocation of Lots #2 and #3 Bodkin tracts would be recommended due to the annual inspection of the leases being disapproved due to numerous violations.
Mr. James Falter was present to appeal to the Commission for more time.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to revoke lake lease of James Falter on Lots 2 and 3 Bodkin Tract as recommended by staff. Motion carried 6-0.

AYE: Claybrook, Peterson, Downing, O’Neal, Mills, Beck
NAY: None

AGENDA ITEM NO. 12: Consider authorizing staff to negotiate a contract for the Neighborhood Action Plan.

Community Development Director Mike Southard gave the staff report that the selection committee had completed the interview process and made recommendation for selection of a professional firm’s services for the Neighborhood Action Plan. The projected completion of the Plan would take six to nine months.
A motion was made by Commissioner Beck, seconded by Commissioner O’Neal, to authorize staff to negotiate a contract with J-Quad & Associates of Dallas, Texas for professional services in the development of the Neighborhood Action Plan; and with Fleener Associates of Upland, California, as the backup firm if there was a breakdown in negotiations. Motion carried 6-0.

AYE: Beck, O’Neal, Mills, Peterson, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 13: Consider authorizing staff to negotiate a contract for the Developmental Code.

Community Development Director Mike Southard gave the staff report noting that three firms had been interviewed for professional services to develop the Development Code in replacement of the Subdivision and Zoning Code. It was estimated that it would take nine to 14 months to complete the Code.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to authorize staff to negotiate a contract with Duncan Associates of Austin, Texas for professional services for the Developmental Code. Motion carried 6-0.

AYE: Peterson, Downing, Claybrook, O’Neal, Mills, Beck
NAY: None

AGENDA ITEM NO. 14: Presentation and discussion of the rationing section of Water Management Plan

Utility Director Afsaneh Jabbar gave the staff report on the proposed Water Management Plan with emphasis on the water rationing section.
The presentation was an overview of the lake levels at Shawnee Twin Lakes; the inclusion of Wes Watkins Reservoir in the language of the Plan; the demand on the lakes and its effects; the State was in a Category 3 drought situation with Category 4 as the highest; and reporting that the current lake level was at 1,060 feet.
After discussion, the proposed Water Management Plan would be presented at the next meeting for approval.



AGENDA ITEM NO. 15: Discussion of prohibiting the allowing of water to run off property while watering grass, trees or shrubs.

In discussion of an ordinance about conserving water, City Manager Jim Collard advised that with the water situation and possible water rationing, there will be a percentage of residential and business customers that will not be concerned about the water situation. As an example, he pointed out the use of sprinkler systems where water can run off the property.
In discussion, some Commissioners were concerned that the ordinance would not be enforceable, but it had good intentions.

AGENDA ITEM NO. 16: Consider an ordinance requiring the fixing of water leaks within 30 days of discovery.

Staff presented an ordinance that would help in controlling the loss of water. It would require customers to repair waterline leaks and take water saving measures.
After due and careful consideration, Ordinance No. 2241NS was introduced and the title read aloud.

Ordinance No. 2241NS entitled “An ordinance relating to controlling loss of water; creating a new law codified at Section 26-70, Division 1, Article III of Chapter 26 of the Code of the City of Shawnee, Oklahoma; requiring that service lines or private pipes with water leaks either be repaired or have the water turned off within thirty (30) days of discovery of the leak; providing penalty; providing for severability and declaring an emergency.”

A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to adopt the Title and Ordinance No. 2241NS, Sections 1 and 2, with the added provisions of the 30-day discovery in which a water leak is to be repaired; and failure to do so will have penalty of one hundred fifty dollars ($150) and each subsequent day that the leak continues to flow will be punishable by a fine of twenty-five dollars ($25). Motion carried 6-0.

AYE: Beck, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None

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

AYE: Downing, Claybrook, O’Neal, Mills, Beck, Peterson
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2241NS duly passed and adopted.

AGENDA ITEM NO. 17: Discussion of an ordinance establishing penalties for violating the various categories and levels of water rationing.

Staff presented for discussion an ordinance establishing penalties for violating the various categories and levels of water rationing.
The Commission discussion the categories and made modification to the ordinance using the rule of reason.
City Manager Jim Collard advised that the ordinance would be intended for the citizens that would ignore the water rationing rules.
The revised ordinance would be presented at the next meeting.

AGENDA ITEM NO. 18: Consider awarding bid for Flights, Chains and Gears for Southside Waste Water Treatment Plant.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to award the bid for Flights, Chains and Gears for Southside Waste Water Treatment Plant to US Filter, Waukesha, Wisconsin, in the amount of $15,748.00 as the lowest and best bid.


Motion carried 6-0.

AYE: Peterson, Downing, Claybrook, O’Neal, Mills, Beck
NAY: None

AGENDA ITEM NO. 19: New Business (Any matter not known about or which could have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 20: Administrative Reports

Under Administrative Reports the following reported:
*City Engineer John Krywicki reported that ODOT had bid openings on the MacArthur/Kickapoo projects and both bids came in under the estimated price. The bids will go to legal division of ODOT and after that the project will start.
*Community Development Director Mike Southard reported that the Convention & Visitor’s Bureau (CVB) will review three proposals for the Way Finding study and have ready for the planning session on March 23rd.
This Wednesday the mayor and city manager will meet with Keith Kuhlman, State School Land Commission, about land acquisition for the Regional Park.
*City Manager Jim Collard reported that staff is continuing to meet with the County officials and investigate the E911 plan to insure that it will meet the citizens needs.

AGENDA ITEM NO. 21: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 22: Consider an Executive Session to discuss the pending investigation and possible action regarding the status of the City of Shawnee Water Treatment Plant pursuant to 25 O.S. 307(B)(4).

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Commission go into Executive Session to discuss matters pertaining to the pending investigation and possible action regarding the status of the City of Shawnee Water Treatment Plant pursuant to 25 O.S. 307 (B)(4). Motion carried 6-0.

AYE: Claybrook, Peterson, Downing, O’Neal, Mills, Beck
NAY: None

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:57 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:17 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 23: Consider action taken in Executive Session in reference to the pending investigation and possible action regarding the status of the City of Shawnee Water Treatment Plant pursuant to 25 O.S. 307(B)(4).

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to direct the city attorney to initiate appropriate legal action to recoup all monies expended on Phase II of the Water Treatment Plant project. Motion carried 6-0.

AYE: Claybrook, Downing, O’Neal, Mills, Beck, Peterson
NAY: None

AGENDA ITEM NO. 24: Commissioners Comments

Under Commissioners Comments, it was announced that the Ward 2 meeting would be held tomorrow night at 6 o’clock p.m. in the Commission Chambers of City Hall.





AGENDA ITEM NO. 25: Adjournment

There being no further business to be considered, a motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 6-0. (9:20 p.m.)

AYE: Downing, O’Neal, Mills, Beck, Peterson, Claybrook
NAY: None

____________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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