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Date: 8/7/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 8:15:26 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 7, 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, August 7, 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

Wes Beck Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor

Vacant
Commissioner Ward 6

ABSENT: Marva O’Neal
Commissioner Ward 3

INVOCATION Reverend Milo Steffen
First Christian Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of minutes from the July 17, 2006 meeting.

A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to approve minutes of July 17, 2006 meeting as presented. Motion carried 4-0-1.

AYE: Schrzan, Claybrook, Mills, Beck
NAY: None
ABSTAIN: Peterson
AGENDA ITEM NO. 2: Swearing in of David Daugherty as Ward 6 Commissioner by Municipal Judge Robert H. Jones.

At the July 3rd meeting, the Commission approved appointment and swearing in of the elected candidate from the July 25th election to fill the unexpired term of Ward 6 Commissioner.
Municipal Judge Robert H. Jones conducted the swearing in of David Daugherty as Ward 6 Commissioner to complete the unexpired term of the late Commissioner Bob Downing.
Commissioner Daugherty took his seat as Ward 6 City Commissioner.

AGENDA ITEM NO. 3: Consider approval of consent agenda:

a. Budget Amendment in 2006 CDBG Entitlement Grant Fund and Shawnee Airport Authority.

b. Transfers of Appropriations in CDBG Entitlement Grant Fund and Shawnee Municipal Authority.

c. Acknowledge the following reports and minutes:

* Shawnee Municipal Court Warrant Report from January 1, 2006 and July 1, 2006.

* Shawnee Civic and Cultural Development Authority minutes from the June 15, 2006 meeting.

* Traffic Commission minutes from the February 28 and May 23, 2006 meetings.

* Planning Commission minutes from the July 5, 2006 meeting.

* Airport Advisory Board minutes from the June 21 and July 5, 2006 meetings.

d. Authorize staff to purchase two police units from Joe Cooper Ford at the state purchase price.

e. Authorize staff to advertise for bids for one 72” inch cut lawn mower for use at Shawnee Airport.

f. Authorize staff to advertise for bids for backhoe for use by the Street Dept.

g. Authorize staff to advertise for bids for sewer line repair on Dewey Street.

h. Approve Agreement for Administration of the Sales Tax Ordinances with Oklahoma Tax Commission.

i. Approve Agreement for Administration of the Use Tax Ordinances with the Oklahoma Tax Commission.

j. Approve a resolution establishing maximum fare to be charged by Up Front Limousine, Inc.

The following resolution was accepted into record.

Resolution No. 6278 entitled “A resolution establishing the maximum fare to be charged to passengers by Up Front Limousine, Inc. pursuant to Section 8-467, Division l, Article X of the Code of the City of Shawnee, Oklahoma.”

k. Acknowledge Official Certificate of Votes from the July 25, 2006 Primary Election.

l. Approve the following Centennial projects:

1) Fencing and 5 granite plaques at Centennial Park
2) Twelve benches representing each incorporated city within Pottawatomie County.
3) One horse sculpture and commission of artist to paint sculpture.

m. Approve recommendation from the Community Service Contracts Review Committee to award the management and operation of the Shawnee Community Center to the Y.M.C.A.

n. Approve recommendations from the Traffic Commission from their July 25, 2006 meeting:

1) Request from Salvation Army, 200 E. Ninth, to install a recessed curb in front of the building facing Union Street.

Recommendation: To defer until next meeting.

2) Request from Thomas Schrzan, Aldridge Hotel, 20 E. Ninth, to install a loading and unloading sign in front of the Aldridge Hotel.

Recommendation: To approve request.

3) Request from Thomas Schrzan, Aldridge Hotel, 20 E. Ninth, to install 2 hour parking signs on Union and Ninth streets.

Recommendation: To deny request.

4) Request from Gary Walker, 4107 N. Market, to install a stop sign for southbound traffic at Market and 39th streets.

Recommendation: To deny request.

5) Request from Franklin Wilson, owner of Remember When Antique Shop, 8 W. Main Street, to install 2 hour parking for entire block.

Recommendation: To deny request.

6) Request from Randy Smith, Oklahoma Baptist University, 500 W. University, to install a 25 mph sign on MacArthur Street from Kickapoo Street to Airport Drive.

Recommendation: To deny request. Two traffic signals and one pedestrian signal crossing at this location eliminates the need.


Before voting on the consent agenda, Vice Mayor Peterson requested to pull for separate consideration Item No. 3.c and n (6) and Commissioner Schrzan requested l(3) and n(3).
A motion was made by Commissioner Claybrook, seconded by Commissioner Beck, that Consent Agenda Item No. 3 (a-n), less 3c, l(3), n(3), and n(6) be approved. Motion carried 6-0.

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

Under Consent Agenda Item No. 3c regarding the Traffic Commission minutes of May 23, 2006, Vice Mayor Peterson questioned the signing of the minutes by a member who was not present at that meeting.
The city attorney advised that it was incorrect and recommended to send back to the Traffic Commission for proper signing.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Claybrook, that Agenda Item No. 3c regarding the Traffic Commission minutes of May 23, 2006 be remanded to the Traffic Commission for appropriate signature. Motion carried 6-0.

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

Regarding Consent Agenda Item No. 3. l(3), Commissioner Schrzan had questions about painting of the horse sculpture.
Staff gave the explanation that it was not bronze and it would look similar to the painted artwork on the buffalos in Oklahoma City. The horse sculpture would be placed in Woodland Park.
A motion was made Commissioner Schrzan, seconded by Vice Mayor Peterson, that Agenda Item No. 3. l(3), regarding the one horse sculpture and commission of artist to paint the sculpture, be approved.



Motion carried. 6-0.

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

Under Consent Agenda Item No. 3. n(3), Commissioner Schrzan pointed out that the request for 2-hour parking signs were for Bell and Ninth streets instead of Union and Ninth streets as printed in the agenda.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to remand to the Traffic Commission Consent Agenda Item No. 3. n(3) for reconsideration of request for installation of 2-hour parking signs at Bell and Ninth streets. Motion carried 6-0.

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

Under Consent Agenda Item No. 3. n(6), Vice Mayor Peterson was informed that Oklahoma Baptist University did not get the notice regarding this item.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to remand to the Traffic Commission the Consent Agenda Item No. 3. n(6) regarding request from Randy Smith, OBU, to install a 25 mph sign on MacArthur from Kickapoo Street to Airport Drive.
Motion carried. 6-0.

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

AGENDA ITEM NO. 4: Mayor’s Presentation of Officer of the Month plaque to Patrolman Jon Goss.

Mayor Mills presented a plague to Patrolman Jon Goss, a five-year officer with the Shawnee Police Department, as Officer of the month. Patrolman Goss was present to accept.

AGENDA ITEM NO. 5: City Manager’s Presentation of Employee of the Month (Charles Retherford, Animal Control Officer)

Due to Mr. Retherford’s absence, the Employee of the Month presentation was deferred to a future meeting.

The Commission deviated from the formal agenda to consider Agenda Item No. 19.

AGENDA ITEM NO. 19: Discuss and consider water rationing and lake levels.

An extensive discussion was held by the Commission regarding the water rationing and lake levels.
City Manager Jim Collard and Utility Director Afsaneh Jabbar gave the staff reports and they started with a power point presentation taking an overview of the entire State of Oklahoma’s drought conditions.
The Mayor noted that Commission and staff has been proactive in addressing the water situation when they started identifying the water situation two years ago.
Staff gave an overview of the various options for resolution of the drought situation.
The discussion involved:
*Purchasing water from Oklahoma City for use of the Atoka waterline
*Action Plans for extensive treatment of water
*Testing of surrounding groundwater wells
*Costs for purchasing treated water vs. purchasing untreated water from the Atoka waterline
*short-term vs long-term water planning
Further discussion involved future surcharge of approximately fifty percent being passed on to the residents for water to reduce or allow for lift of water rationing now in place.
It was staff’s recommendation to pursue purchasing water from Oklahoma City for use of the Atoka reservoir in order not to go to water rationing Level 3, a more severe rationing, that would affect the industries, businesses, and the economy of the city.
Concluding discussion, it was the Commission’s direction to staff to place a public hearing on the August 21st meeting for public input regarding the water situation.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 113½ N. Bell from C-4; Central Business District to C-4P; Central Business District with Conditional Use Permit for the on-premise consumption of beer and alcoholic beverages at a pub/cafe. (Applicant: Sam and Brandi Bullock).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 1131/2 N. Bell with Conditional Use Permit for the on-premise consumption of beer and alcoholic beverages at a pub/café.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Community Development Director Mike Southard gave the staff report it was noted that the Planning Commission recommended approval. There were no formal written protests that had been filed.
The applicant, Mr. Sam Bullock appeared on behalf of his application. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2274NS was introduced and the title read aloud.

ORDINANCE NO. 2274NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: LOTS TWENTY-TWO (22) AND TWENTY-THREE (23), BLOCK TWENTY-SIX (26) IN THE AMENDED PLAT TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-4; CENTRAL BUSINESS DISTRICT TO C-4P; CENTRAL BUSINESS DISTRICT WITH CONDITION USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2274NS be approved.


Motion carried 6-0.

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

Thereupon Mayor Mills declared Ordinance No. 2274NS duly passed and adopted.

AGENDA ITEM NO. 7; Public hearing and consider an ordinance rezoning property located east of Harrison Street and south of 45th Street from A-1; Agricultural District to R-1; Single Family Residential District and C-2; Suburban Office District for use as a residential subdivision and commercial use along 45th Street. (Applicant: Mehdi Azimi)

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located east of Harrison Street and south of 45th Street for use as a residential subdivision and commercial use along 45th Street.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
The staff report was given and it was noted that the Planning Commission had recommended approval and one formal written protest had been filed. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2275NS was introduced and the title read aloud.

ORDINANCE NO. 2275NS ENTITLED “AN ORDINANCE 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: A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION 5, TOWNSHIP 10 NORTH (T10N), RANGE 4 EAST (R4E) OF THE INDIAN MERIDIAN, SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 5;
THENCE NORTH 89 DEGREES 28 MINUTES 28 SECONDS EAST A DISTANCE OF 659.57 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 01 DEGREES 28 MINUTES 26 SECONDS EAST A DISTANCE OF 350.43 FEET TO A POINT;
THENCE NORTH 89 DEGREES 20 MINUTES 38 SECONDS EAST A DISTANCE OF 1319.65 FEET TO A POINT; THENCE NORTH 01 DEGREES 33 MINUTES 54 SECONDS WEST A DISTANCE OF 347.43 FEET TO A POINT;
THENCE SOUTH 89 DEGREES 28 MINUTES 28 SECONDS WEST A DISTANCE OF 1319.14 FEET TO THE POINT OF BEGINNING, CONTAINING 10.57 ACRES, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD REZONING SAID PROPERTY FROM A-1, AGRICULTURAL DISTRICT TO C-2; SUBURBAN OFFICE DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
AND
THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION 5, TOWNSHIP 10 NORTH (T10N), RANGE 4 EAST (R4E) OF THE INDIAN MERIDIAN, SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 5; THENCE NORTH 89 DEGREES 28 MINUTES 28 SECONDS EAST A DISTANCE OF 659.57 FEET TO A POINT; THENCE SOUTH 01 DEGREES 28 MINUTES 26 SECONDS EAST A DISTANCE OF 350.43 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 28 MINUTES 26 SECONDS EAST A DISTANCE OF 978.11 FEET TO A POINT; THENCE NORTH 89 DEGREES 20 MINUTES 38 SECONDS EAST A DISTANCE OF 1321.20 FEET TO A POINT;
THENCE NORTH 01 DEGREES 33 MINUTES 54 SECONDS WEST A DISTANCE OF 978.14 FEET TO A POINT; THENCE SOUTH 89 DEGREES 20 MINUTES 38 SECONDS WEST A DISTANCE OF 1319.65 FEET TO THE POINT OF BEGINNING, CONTAINING 29.65 ACRES, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO R-1; SINGLE FAMILY RESIDENTIAL DISTRICT.

A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2275NS be approved. Motion carried 6-0.

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

Therefore Mayor Mills declared Ordinance No. 2275NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 801 W. Franklin from R-1; Single Family Residential District to R-2; Two Family Residential District for use as duplex housing. (Applicant: Aaron Capps and Chad Self o/b/o Dale Owens).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 801 W. Franklin for use as duplex housing.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
The city staff report was given by Community Development Director Mike Southard and he noted that the Planning Commission recommended approval. No others persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2276NS was introduced and the title read aloud.

ORDINANCE NO. 2276NS 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: THE EAST HALF (E/2) OF LOTS ONE (1) AND TWO (2) AND ALL OF LOTS THREE (3), FOUR (4) AND FIVE (5), BLOCK SEVEN (7), SUNSET PARK ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2; TWO-FAMILY RESIDENTIAL DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2276NS be approved. Motion carried 6-0.

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

Therefore Mayor Mills declared Ordinance No. 2276NS duly passed and adopted.

AGENDA ITEM NO. 9: Public hearing and consider an ordinance amending the Zoning Code of the City of Shawnee relating to manufactured homes.

The public hearing to consider an ordinance amending the Zoning Code of the City of Shawnee relating to manufactured homes has been deferred to the Planning Commission’s September 6, 2006 meeting for further study.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to defer the item relating to manufactured homes to be placed on the City Commission agenda for the September 18, 2006 meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consider request from Sam Bullock for a revocable permit to construct a balcony above the sidewalk at 113½ N. Bell.

Community Development Director Mike Southard gave the staff report and noted that there were some design considerations to be made and staff needed more information.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to defer the request of revocable permit to construct a balcony above the sidewalk at 113 ½ N. Bell to the next City Commission meeting scheduled for August 21, 2006. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Consider variance request of Dr. Robert Barnard and Thomas P. Tibbetts, IV regarding the Kickapoo Run Subdivision and the requirement of performance bonds.

The staff report was given on the Kickapoo Run Subdivision request for a variance for certain requirements in order to secure final financial approval.
A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to approve of staff’s recommendation to grant the variance request regarding the Kickapoo Run Subdivision and the requirement of performance bonds. Motion carried 6-0.

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

AGENDA ITEM NO. 12: Consider a resolution authorizing the emergency replacement of the ten-ton HVAC unit at the Water Treatment Plant.

Resolution No. 6279 was introduced and the title read aloud.

RESOLUTION NO. 6279 ENTITLED “A RESOLUTION AUTHORIZING MECHANICAL CONCEPTS TO MAKE EMERGENCY REPAIRS TO THE WATER TREATMENT PLANT HVAC SYSTEM AT AN APPROXIMATE COST OF $12,000.00; AND WAIVING COMPETITIVE BIDDING.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Resolution No. 3279 be approved. Motion carried 6-0.

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

Thereupon Mayor Mills declared Resolution No. 6279 duly passed and adopted.

AGENDA ITEM NO. 13: Consider termination of lease and acceptance of Army Reserve building located at 1822 Airport Drive.

A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to terminate the lease and accept the Army Reserve building located at 1822 Airport Drive located on the Shawnee Regional Airport property. Motion carried 6-0.

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

AGENDA ITEM NO. 14: Consider a public hearing during the August 21, 2006 city commission meeting for purposes of discussing the possible relocation of Shawnee Police Dept.

Commissioner Schrzan presented the item for consideration regarding a public hearing to discuss on the next agenda the possible relocation of the Shawnee Police Department.
Upon discussion, it was suggested that matters regarding the Police Department should wait until a new police chief had been hired.
City Manager Jim Collard and Interim Police Chief Wayne Crall emphasized that it would take much planning to relocate the Police Department. It was also mentioned that the jail area was vacant and needed to be considered as an expansion area for the Department.
A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, to approve consideration of a public hearing during the August 21, 2006 city commission meeting for the purpose of discussing the possible relocation of Shawnee Police Department. Motion failed 2-4.

AYE: Schrzan, Daugherty
NAY: Claybrook, Mills, Beck, Peterson

AGENDA ITEM NO. 15: Consider a resolution accepting a grant from Federal Aviation Administration for reconstruction of a portion of taxiway A at Shawnee Regional Airport.

Resolution No. 6280 was introduced and the title read aloud.

RESOLUTION NO. 6280 ENTITLED “ A RESOLUTION RATIFYING THE SUBMISSION OF A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR FY-01 AIRPORT IMPROVEMENT PROJUCT NO. 3-40-0099-011-2006 AT THE SHAWNEE MUNICIPAL AIRPORT ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE PROJUCT; APPROVING THE TERMS AND CONDITIONS OF THE GRANT AGREEMENT; RATIFYING THE CITY MANAGER’S EXECUTION OF THE GRANT APPLICATION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF SHAWNEE.”


A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Resolution No. 6280 be approved. Motion carried 6-0.

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

Thereupon Mayor Mills declared Resolution No. 6280 duly passed and adopted.

AGENDA ITEM NO. 16: Consider Charter Communications airport lease amendment and lease transfer.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the amendment and lease transfer agreement from Falcon Cable Media, Inc. to Allegiance Communication. LLC. Motion carried 6-0.

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

AGENDA ITEM NO. 17: Consider revoking the following lake leases for non-payment of lease:
Lot 8, Roewe Tract
Terri & Michael Johnson
Lot 3, Eckel Tract
Howard Ellestad

According to staff, three attempts have been made to secure the lease payments. A fourth notice was mailed on July 28th indicating that this item would by heard by the Commission with a recommendation to revoke the lease for non- payment. Both parties involved were present and explained their circumstances as to why payment had not been made in a timely manner.
A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, to not revoke the lease on Lot 8, Rowe Tract and for lease payment by Terri & Michael Johnson be paid on Tuesday August 8, 2006. Motion carried 4-2.

AYE: Schrzan, Daugherty, Mills, Beck
NAY: Claybrook, Peterson

A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to not revoke the lease on Lot 3, Eckel Tract and that payment owed from Howard Ellestad be paid on Tuesday August 8, 2006. Motion carried 4-2.

AYE: Schrzan, Beck, Mills, Daugherty
NAY: Claybrook, Peterson

AGENDA ITEM NO. 18: Consider lease agreement with Independent School District I-93 of Pottawatomie County for airport property to be used as Early Childhood Center.

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve lease agreement with Independent School District I-93 of Pottawatomie County for airport property to be used as Early Childhood Center. Motion carried 6-0.

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

AGENDA ITEM NO. 19: Discuss and consider water rationing and lake levels.

This item was considered earlier in the meeting after Agenda Item No. 5.

AGENDA ITEM NO. 20: Consider awarding bids for Asphalt Concrete Type A, B & C and Aggregate Materials. (Deferred from 7/17/06).


Asphalt Concrete Type A, B & C
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to accept staff’s recommendation to award the 6-month bid for Asphalt Concrete Type A, B & C to Haskell Lemon, Oklahoma City, Oklahoma as follows as the lowest and best bid.

Pick up at Plant Delivered to job site from Shawnee Plant
Type A $38.00/ton Type A $41.00/ton
Type B 40.00/ton Type B 43.00/ton
Type C 40.00/ton Type C 43.00/ton

Motion carried 6-0.

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

Aggregate Materials
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve staff’s request to defer the aggregate materials bids for further review to make a recommendation at the next meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 21: 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. 22: Administrative Reports

There were no Administrative Reports.

AGENDA ITEM NO. 23: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)

Under Citizens Participation, the following citizens made comments and requests.
*Mrs. Linda Agee, lake lessee and President of the lake association, made positive comments about the Commission’s handling of the two lake leases earlier in the meeting.
*Mr. Tom Smith distributed information about veterans in Pottawatomie County which lead to his request for a Veteran’s park.
*Mr. Leon Freeman, lake lessee, had comments about the treatment plant and questions that were addressed by staff.
*Ms. Bradie Winrow encouraged the Commission on the good things they are doing for Shawnee and she especially thanked them for the proposed Early Childhood Center.
*Mr. Don Forsberg, lake lessee, had questions about the large boat that use to be at the lake. He was told by city staff that it had been placed in storage for security purposes.
*Ms. Julie Ackerman, lake lessee, suggested that more explanation be given to the public since many do not understand the complex issues of the water situation.

AGENDA ITEM NO. 24: Commissioners Comments

Under Commissioners Comments, Vice Mayor Peterson thanked everyone for their expression of condolences.

AGENDA ITEM NO. 25: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, that the meeting be adjourned. Motion carried 6-0. (8:36 p.m.)

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

_________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:


______________________________
DIANA HALLOCK, CITY CLERK

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