BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 18, 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, September 18, 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.
Tom Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3
Wes Beck Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
Commissioner Ward 6
Commissioner Ward 1
INVOCATION Reverend Leroy Kerbo
Oak Park Church of God
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Consent Agenda:
a. Minutes from the September 5, 2006 meeting.
b. Budget Amendment in Shawnee Airport Authority.
c. Budget Transfer in Capital Outlay Fund.
d. Acknowledge the following reports and minutes:
* Sales Tax Report through September, 2006
* Warrant Officer reports from July 11, 2006 to September 5, 2006.
* License Payment Report for the month of August, 2006
* Project Payment Report for the month of August, 2006
* Shawnee Community Center report for the month of August, 2006.
* Sister Cities Council minutes from the August 8, 2006 meeting.
* Shawnee Urban Renewal Authority minutes from the August 8, 2006 meeting.
* Planning Commission minutes from the August 2, 2006 meeting.
* Beautification Committee minutes from the June 5, 2006 meeting.
e. Authorize staff to advertise for bids for vacuum tank trailer for use at Northside Wastewater Treatment Plant and Southside Wastewater Treatment Plant.
f. Authorize staff to purchase two police units from Joe Cooper Ford at state contract price.
g. Approve resolution and authorize staff to submit an enhancement grant to continue downtown streetscape on Main Street between Beard Street and Union Street.
h. Authorize staff to submit grant to Environmental Protection Agency for Geographical Information Systems.
i. Approve October 31, 2006 from 5:30 p.m. to 8:30 p.m. as Trick-or-Treat night in the City of Shawnee.
j. Lake Lease Transfer:
Lot 7 Johnson Tract
To: E. Agee & L. Agee
From: L. Cowen & H. Cowen
k. Mayor’s Appointment:
Appoint Deena Harris to replace Kenneth Harris to a term to expire 1/1/08.
YMCA Community Center Sub-Committee
Appoint Peggy Rider to a term to expire 6/30/07
Appoint Marva O’Neal to a term to expire 6/30/08
Appoint Kay Edwards to a term to expire 6/30/09
Before voting on the consent agenda, Commissioner Schrzan requested to pull for separate consideration Item No. 1(f) and City Manager Jim Collard asked that 1(g) be considered.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that Consent Agenda Item No. 1(a-k), less 1(f and g), be approved. Motion carried 6-0.
Under Consent Agenda Item No. 1(f) concerning the authorization of staff to purchase two police units from Joe Cooper Ford at state contract price, Commissioner Schrzan inquired about who sets the price after receiving bids. Each unit will come with complete police package and will be required to be decaled at $135.00 each and painted black and white at $300.00 each. Making the total cost per unit of $28,590.00.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that Agenda Item 1(f) be approved. Motion carried 7-0.
Under 1(g), Community Development Director Mike Southard gave a brief summary of the application for the Transportation Enhancement Program for the phase 2 streetscape project of Main Street from Beard to Philadelphia.
In his report he explained that the maximum grant amount is $400,000 with a 20% ($80,000) match and submittal of the application would be due October 2, 2006 with no applications being accepted after that date. Funding for this type of grant is available every 2 years.
Upon consideration, Resolution No. 6284 was introduced into record.
Resolution No. 6284 entitled “A resolution endorsing a Transportation Enhancement Project grant application for Main Street between Beard and Philadelphia in the City of Shawnee.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve Resolution No. 6284 as presented. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6284 duly passed and adopted.
AGENDA ITEM NO. 2: Mayor’s Presentations:
a. Certificate of Appreciation to Reverend Jimmie Don Gibson
Mayor Mills presented a Certificate of Appreciation to Reverend Jimmie Don Gibson for his service in giving the invocation at the City Commission meetings.
b. Certificate of Recognition to Eagle Scout Thomas Askins.
Mayor Mills presented a Certificate of Recognition to Thomas Askins in obtaining his Eagle Scout.
Eagle Scout Thomas Askins was present to accept his certificate and he presented Mayor Mills with an 8-minute video about respecting the American flag and instructions on flag etiquette of displaying and disposal of flags as a project toward earning his Eagle Scout honor.
AGENDA ITEM NO. 3: Mayor’s Proclamations:
“Constitution Week in the City of Shawnee”
September 17 – 23, 2006
(accepted by Ruth Kennon, Regent of Wunagisa Charter of Daughters of the American Revolution)
“Race Equality and Inclusive Communities Week”
September 25 – 29, 2006
(accepted by Hiram Ryan)
AGENDA ITEM NO. 4: City Manager’s Presentations:
a. Employee of the Month. (Brad Schmidt, Line Maintenance Division).
Presentation of plaque and certificate will be deferred to the next meeting due to Mr. Schmidt being on duty at this time and unable to attend.
b. Recognition of Don Lynch on his Emergency Management state re-certification.
Mayor Mills presented Don Lynch a certificate issued by the Oklahoma Emergency Management Association dated August 16, 2006 for his re-certification of completing requirements as an Oklahoma Certified Emergency Manager.
AGENDA ITEM NO. 5: Public hearing and consider granting a home occupation (single operator beauty shop) at 4303 N. Chapman.
Mayor Mills declared a public hearing in session to consider granting a home occupation (single operator beauty shop) at 4303 N. Chapman.
Mayor Mills asked if anyone was in favor or in protest of the request.
Community Development Director Mike Southard gave the staff report and it was noted the Planning Commission and staff had recommended approval.
There were several formal protests from individuals living in the vicinity of the proposed salon who voiced concern that the business would cause a decrease in their property values and disruption to the neighborhood since it is zoned for residential and not commercial use. Those appearing were Marilyn Symons, Lloyd Wilkins, Beverly Childers, Beverly Hutcheson, and Edward Hutcheson.
Appearing in favor of the application was Wayne Hines, the applicant’s father. No others appeared and the public hearing was closed.
After due and careful consideration, a motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to approve the application of Leah Longest for a home-based single operator beauty shop at 4303 N. Chapman. Motion failed 3-4.
AGENDA ITEM NO. 6: Public hearing and consider modifying the ordinance and zoning codes relating to manufactured homes. (Continued from 8/7/06 meeting).
Mayor Mills declared a public hearing in session to consider modifying the ordinance and zoning codes relating to manufactured homes.
Mayor Mills asked if anyone was in favor of or in protest of the modification of ordinance and zoning codes.
Community Development Director Mike Southard gave the staff report and it was noted the Planning Commission had recommended approval to modernize existing code.
Appearing before the Commission was Julie Ackerman and Warren Rutherford to voice their concerns. No others appeared and the public hearing was closed.
Upon review of the tables of permitted uses that included five standards in agricultural and residential zoning districts, the Commission requested that the amendatory sections be considered separately by section instead of the entire code.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to refer the ordinance on the manufactured housing to the Planning Commission with noted changes. Motion carried 7-0.
The city manager noted that the swearing in of Mr. Mathis would be at the next Commission meeting of October 2, 2006.
AGENDA ITEM NO. 8: Consider an ordinance allowing privately owned water wells to be located anywhere on the owner’s property, except for existing right-of-way and easements, but prohibiting any structure other than the wellhead to be visible if the well is located outside of the rear yard.
Ordinance No. 2279NS was introduced and the title read aloud.
ORDINANCE NO. 2279NS ENTITLED “AN ORDINANCE RELATING TO THE LOCATION OF INDIVIDUAL WATER WELLS; AMENDING SUB-SECTION (d), OF SECTION 26-71, DIVISION I, ARTICLE III OF CHAPTER 26, OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA, ALLOWING INDIVIDUAL WATER WELLS TO BE DRILLED ANYWHERE ON A PERSON’S PROPERTY BUT ALLOWING ONLY THE WELLHEAD TO BE VISIBLE IF THE WELL IS LOCATED OUTSIDE THE REAR YARD; PROHIBITING DRILLING OF WELLS ON EXISTING EASEMENTS AND RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Sections 1 and 2 of Ordinance No. 2279NS be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2279NS duly passed and adopted.
AGENDA ITEM NO. 9: Presentation and discussion regarding requirements for septic systems in Shawnee.
Community Development Director Mike Southard gave the staff report on the city’s septic system which concluded a 90-day moratorium on septic systems issued by the City Commission at its June 19, 2006 meeting.
Based upon the information for thorough consideration by the Commission, no action was taken to lift the moratorium until the Commission has more time to study the report and recommendations.
Further discussion of this topic will be placed on the October 2nd Commission meeting and consideration of extending the moratorium.
AGENDA ITEM NO. 10: Consider Local Government Cooperative Agreement with Independent School District 93 of Pottawatomie County for walking track on school property.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to defer the Local Government Agreement with Independent School District 93 of Pottawatomie County for walking track on school property to the October 2, 2006 meeting to allow staff to gather more information. Motion carried 7-0.
AGENDA ITEM NO. 11: Consider a resolution establishing a surcharge for consumer use of water for both its use and storage, and exempting the first one thousand gallons of water used each billing cycle from the surcharge.
The Commission reviewed the resolution establishing a surcharge for consumer use of water and modifications were made to the Commission’s satisfaction regarding the separation of the water charge of $1.23 and the $0.56 storage fee which totaled the $1.79 per thousand gallons; and deletion of verbage.
Commissioner Claybrook voiced his concerns regarding less water being purchased in a year and if the contract would allow for that deviation and adjustments would be made, especially if the costs were passed on to the consumer.
Utility Director Afsaneh Jabbar answered questions and indicated that the contract allowed for changes since it would be charged “as used.” as stated in the contract.
Upon due and careful consideration, Resolution No. 6285 was introduced and the title read aloud.
RESOLUTION NO. 6285 ENTITLED “A RESOLUTION ESTABLISHING A WATER SURCHARGE FEE FOR CONSUMERS OF THE CITY OF SHAWNEE WATER SUPPLY AND EXEMPTING THE FIRST ONE THOUSAND (1000) GALLONS OF WATER USED EACH BILLING CYCLE FROM THE SURCHARGE.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to approve the Title and Resolution No. 6285 and with noted changes. Motion carried 6-1.
Thereupon Mayor Mills declared Resolution No. 6285 duly passed and adopted.
AGENDA ITEM NO. 12: Consider a resolution and highway agreement with Oklahoma Department of Transportation for signal light maintenance at Highway 177 and Hardesty Road.
Resolution No. 6286 was introduced and the title read aloud.
RESOLUTION NO. 6286 ENTITLED “A RESOLUTION APPROVING THE EXECUTION OF A CERTAIN PROJECT AGREEMENT BETWEEN THE CITY OF SHAWNEE AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF OKLAHOMA FOR PROJECT NUMBER HSIPY-163C(189)TR, J/P#23083(04).”
A motion was made Commissioner Schrzan, seconded by Commissioner Daugherty, that the Title and Resolution No. 6286 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6286 duly passed and adopted.
AGENDA ITEM NO. 13: Consider an ordinance requiring that certain code sections not enforced for a period of one year or longer be reviewed by the City Commission following a public hearing before those sections may be enforced and providing for exceptions to this requirement.
Commissioner Daugherty introduced the proposed ordinance for certain code sections not being enforced for a period of one year or longer would be reviewed by the City Commission following a public hearing regarding such codes for the reasoning of establishing a line of communication.
City Attorney John Canavan gave further explanation that the majority of the codes meet federal and state requirements.
The ordinance title was introduced into record.
“AN ORDINANCE RELATING TO CODE SECTION ENFORCEMENT ; CREATING A NEW SECTION OF LAW CODIFIED AT SECTION 1-15, CHAPTER 1 OF THE CODE OF THE CITY OF SHAWNEE; REQUIRING THAT CERTAIN CODE SECTIONS NOT ENFORCED FOR A PERIOD OF ONE YEAR OR LONGER BE REVIEWED BY THE CITY COMMISSION FOLLOWING A PUBLIC HEARING BEFORE THOSE SECTIONS MAY BE ENFORCED; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”
A motion was made by Commissioner Daugherty, seconded by Commissioner Schrzan, that Sections 1 and 2 be approved. Motion failed 2-5.
a. 72” Cut Riding Mower for Shawnee Regional Airport (award)
A motion was made by Commissioner Claybrook, seconded by Commissioner Daugherty, to approve staff’s recommendation to award the 72” cut riding mower for Shawnee Regional Airport to Dinsmore Tractor Sales, Shawnee, Oklahoma, in the amount of $9,990.00 as the lowest and best bid. Motion carried 7-0.
City Engineer John Krywicki and staff examined all bids received, and recommended the bid be awarded to Warren Caterpillar to purchase the Caterpillar 430E IT in the amount of $104,329.00 as the lowest and best bid meeting and exceeding all specifications.
Although the Warren Caterpillar bid was not the lowest, Mr. Krywicki had presented in the staff report a comparison breakdown of all the bids as justification why staff chose Warren.
A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to approve staff’s recommendation to award the One Four-Wheel Drive Backhoe/Loader to Warren Caterpillar, Oklahoma City, Oklahoma, in the amount of $104,329.00 as the lowest and best bid as justified by staff and filed in the records of the City Clerk’s files. Motion carried 7-0.
AGENDA ITEM NO. 15: 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. 16: Administrative Reports
There were no Administrative Reports.
AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Shawnee resident Jim Sims expressed his thanks to the city and contractors who fixed the sidewalk in front of the Planning and Engineering Building.
He had complaints about laws not being enforced regarding obstruction of sidewalk by vehicles; people in the crosswalks on Beard Street; and complaint on requiring signs posted to have the business telephone number on it.
Others appearing were Julie Ackerman suggesting a recycling material for the school walking track; and Linda Agee had questions about the septic system.
AGENDA ITEM NO. 18: Commissioners Comments
Under Commissioners Comments, Commissioner O’Neal requested staff to inform her prior to any special items being placed on the agenda so she will be aware that involves ethic groups. Her request was in reference to an earlier item on the agenda pertaining to the “Race Equality and Inclusive Community Week” proclamation.
Mayor Mills announced that a reception would be held for Corporal Pratt, recently home from the war, where he received injuries and he would be honored on Thursday at the Senior Citizens center.
AGENDA ITEM NO. 19: Adjournment.
There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the meeting be adjourned. Motion carried 7-0. (9:45 p.m.)
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