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Date: 9/19/2005Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 8:45:53 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

SEPTEMBER 19, 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, September 19, 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 Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Chris Harden
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson
Commissioner Ward 5-Vice Mayor

ABSENT:

Bob Downing
Commissioner Ward 6


INVOCATION Reverend Emmitt Hazelwood
Chaplain, Unity Health Center

FLAG SALUTE Mayor Mills

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


a. Acknowledge the opening and consideration of bids as set forth in agenda item No. 15.

b. Minutes of the September 6, 2005 meeting.

c. Acknowledge the following reports and minutes:

* Sales Tax Report through September 2005.

 Shawnee Urban Renewal Authority minutes from the August 16, 2005 meeting.

 Airport Advisory Board minutes from the July 27, 2005 meeting.

 Shawnee Beautification Committee minutes from the August 1, 2005 meeting

 Shawnee Sister Cities Council minutes from the August 23, 2005 meeting

d. Approve out-of-state travel for Training Officer Ken King to attend Managing the FTO and FTO Liability courses in Jacksonville, Florida October 24 – 27, 2005

e. Authorize staff to advertise for bids for mowing and debris removal.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Consent Agenda 1 (a-e) be approved. Motion carried 6-0.

AYE: Schrzan, Peterson, Claybrook, O’Neal, Mills, Harden
NAY: None

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

“Homer Looper Day”
September 30, 2005
(accepted by Homer Looper)

“Assisted Living Week”
September 11 – 17, 2005
(accepted by Community Representative Belinda Riggs)

“Saving Pets at Risk Month”
September, 2005
(accepted by SPAR Wes Beck and Carolyn Sullivan)

“Sister Cities Days-15th Anniversary”
September 28 – October 3, 2005
(accepted by Vice Mayor Linda Peterson)

Presentation of Certificate of Appreciation to Kickapoo Tribe of Oklahoma for $1,500.00 donation for Shawnee Police Department Bicycle Patrol.
(Police Chief Chitwood to present to Kickapoo Tribe)

AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month. (Keith Ward, Water Utility Division).

City Manager Jim Collard presented a plaque and gift certificate to Keith Ward, Water Utility Division, as the September employee of the month in recognition of his 14 years of excellent and dedicated service to the City of Shawnee.
Mr. Ward was present to accept his award and expressed his appreciation.

AGENDA ITEM NO. 4: Public hearing and consider a resolution endorsing the location of Federal and Airport Drive as the future location for the Early Childhood Development Center.

Mayor Mills declared a public hearing in session to consider endorsing the location at the southeast corner of Federal Street and Airport Drive as the future location for a proposed Early Childhood Development Center selected by the Shawnee Board of Education.
City Manager Jim Collard and staff met with representatives of the Federal Aviation Administration (FAA) to request the release of the property as airport property and allow the City to purchase it at fair market value.
Staff advised that there were several requirements FAA had requested and one was to have a public hearing and for the formal approval by the Board of City Commissioners to endorse the site for the Early Childhood Center.
Appearing on behalf of the Board of Education of Shawnee Public Schools was Marilyn Bradford.
Mr. Scott Warren, former Airport Advisory Board member, spoke in favor of the proposed site.
In opposition to the proposed site was Mr. Robert Shannon, pilot and lessee at the airport.
No others appeared and the public hearing was closed.

After due and careful consideration, Resolution No. 6252 was read into record.
“Resolution No. 6252 entitled “A resolution endorsing the Early Childhood Center to be located at Federal and Airport Drive which is currently owned by the Shawnee Airport Authority and used as a city park.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Harden, that the Title and Resolution No. 6252 be approved.
Motion carried. 6-0

AYE: Peterson, Harden, Claybrook, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Resolution No. 6252 duly passed and adopted.

AGENDA ITEM NO. 5: Public hearing and consider resolution to determine whether or not sidewalk at 721 N. Louisa is a danger to public safety and ordering that said sidewalk be repaired as set forth by Section 24-44 of the municipal code.

Mayor Mills declared a public hearing in session to determine whether the sidewalk on property located at 721 N. Louisa constitutes a danger to the public’s safety.
Administrative Assistant Toni Gray reported that she spoke with the family and they have made arrangements to have the sidewalk repaired.
The sidewalk was inspected by city staff and it was determined that the sidewalk was a hazard. It was staff’s recommendation to proceed with notice to property owner to make repairs within 30 days; if the homeowner does not comply with the order, the city can repair the sidewalk and demand payment for the repairs.
No others appeared and the public hearing was closed.

Resolution No. 6253 was introduced and read into record.

Resolution No. 6253 entitled “A resolution determining that conditions existing upon real property located within the City of Shawnee, Oklahoma, are detrimental to the health, benefit and welfare of the public and community, or a hazard to traffic; ordering that conditions be abated; ordering that the work to abate said conditions may be done by the City of Shawnee; authorizing the billing for such work; authorizing the certification of such charges to the County Treasurer to be levied and collected as taxes in the event of non-payment; or file an action in the District Court to abate such nuisance; and declaring an emergency.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Harden, that the Title and Resolution No. 6253 be approved. Motion carried 6-0.

AYE: Peterson, Harden, Claybrook, Schrzan, O’Neal, Mills
NAY: None

The emergency clause was not acted upon to allow the homeowner 30 days to repair the sidewalk.

Thereupon Mayor Mills declared Resolution No. 6253 duly passed and adopted to become effective 30 days from this date.

AGENDA ITEM NO. 6: Discuss and consider existing sidewalk ordinances and determine if changes are warranted.

Administrative Assistant Toni Gray reported that other cities such as Edmond, Oklahoma City, and Ada have sidewalk and public nuisance ordinances similar to Shawnee.
Community Development Director Mike Southard explained the process regarding the public nuisance procedures and it was staff’s recommendation for sidewalk issues be handled similar to the public nuisance process.
A motion was made by Commissioner Harden, seconded by Commissioner Schrzan, for staff to put their recommendations into ordinance form for the Commission’s consideration at a later date.
Motion carried 6-0.

AYE: Harden, Schrzan, O’Neal, Mills, Peterson, Claybrook
NAY: None

AGENDA ITEM NO. 7: Consider a resolution declaring certain items of personal property surplus and authorizing the sale thereof by public auction.

The City’s public auction will be held on Saturday, October 8, 2005 at the Public Works Center.

Resolution No. 6254 was introduce and the title read aloud.

Resolution No. 6254 entitled “A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; authorizing the sale thereof pursuant to public auction; setting forth requirements as to notice.”

A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Resolution No. 6254 be approved. Motion carried 6-0.

AYE: Claybrook, Schrzan, O’Neal, Mills, Harden, Peterson
NAY: None

Thereupon Mayor Mills declared Resolution No. 6254 duly passed and adopted.

AGENDA ITEM NO. 8: Discuss and consider water and sewer utility billing adjustments for selected customers.

City Manager Jim Collard reported that a data entry error made in August 2004 during the water rate change had been recently detected in the utility billing system which has led the City to underbill 21 area businesses with compound meters in the amount of $151,430.00. Only the compound meters were affected.
He recommended that the Commission allow the customers to pay back the city within two to three years.
Mr. Collard expressed that city staff regrets the error and stated that the business customers had been contacted.
A motion was made by Commissioner Harden, seconded by Commissioner O’Neal, to allow the entities up to three years to pay back the City for underbilled water usage without interest on a monthly basis. Motion carried 6-0.

AYE: Harden, O’Neal, Mills, Peterson, Claybrook, Schrzan
NAY: None

AGENDA ITEM NO. 9: Consider HVAC proposal for City Hall building. (Deferred from 9/6/05)

Utility Director Afsaneh Jabbar reported that she has not had the opportunity to meet with OG+E regarding the proposal of HVAC for the City Hall building and she requested to defer indefinitely. They are to meet next Wednesday.
A motion was made by Commissioner Harden, seconded by Vice Mayor Peterson, that consideration of the HVAC proposal, for City Hall be tabled indefinitely. Motion carried 6-0.

AYE: Harden, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 10: Consider Animal Shelter Contract with City of Tecumseh.

In light of what the SPAR group, (Saving Pets at Risk) presented earlier about other ways to deal with the animal population rather than only by euthanasia, the Commission recommended to staff to conduct further research before next year’s contract.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve contract between the City of Shawnee and the City of Tecumseh for use of the City’s Animal Shelter with the stipulation that if the city staff conducts an analysis based on the ideas of the SPAR group, it will be a determining factor in the future whether or not the City takes animals from other communities. Motion carried 6-0.

AYE: Claybrook, Peterson, Schrzan, O’Neal, Mills, Harden
NAY: None

AGENDA ITEM NO. 11: Consider Animal Shelter Contract with City of McLoud.

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve contract between the City of Shawnee and the City of McLoud for use of the City’s Animal Shelter with the stipulation that if the city staff conducts an analysis based on the ideas of the SPAR group, it will be a determining factor in the future whether or not the City takes animals from other communities. Motion carried 6-0.

AYE: Claybrook, Peterson, Schrzan, O’Neal, Mills, Harden
NAY: None

AGENDA ITEM NO. 12: Discussion of parking issue behind Pottawatomie County Courthouse.

At the request to place this item on the agenda by Commissioner Harden for discussion, City Engineer John Krywicki prepared a preliminary plan and cost estimates for constructing a new lot, and repairing the existing parking lots. The new parking area would be located east of the Courthouse and the existing parking areas would be repaired; the preliminary estimate of costs for the proposed improvements is at $223,905.00. As the design process continues, the estimate of cost are judged for planning and budgetary purposes.
Staff noted that this project will be part of next year’s budget.

AGENDA ITEM NO. 13: Staff presentation regarding cost of Brangus Road paving project.

City Engineer John Krywicki gave the updated staff report on the cost of the Brangus Road paving project.
The City has already spent for the survey and in-kind services for an approximate amount of $16,700.
Mr. Krywicki mentioned that the County has concerns about grading the ditch on the Westside of Brangus Road from Pam Drive to MacArthur Street due to the fact that the City has a 12" waterline which could be damaged.
The County has the responsibility of laying the asphalt and has requested the City to do the grading of the ditch.
The City Engineer asked for direction from the Commission if they wanted staff to modify its part of the costs to include the ditch work. The consensus of the commission is to use city personnel to grade the 12" waterline area.

AGENDA ITEM NO. 14: Consider agreement with Shawnee Economic Development Foundation.

Vice Mayor Peterson requested this agreement with the Shawnee Economic Development Foundation (SEDF) be placed on the agenda to consider since it has not been renewed since 1997.
The Commission directed the City Manager to meet with SEDF Director Pat McCormick, to draft a new contract and bring it to the Commission for future consideration.

AGENDA ITEM NO. 15: Consider Bids

a. Screw Pump Repair – Southside Water Treatment Plant (award)

Deputy Utility Director Jim Bierd informed the Commission that staff had made the repair to the screw pump, but staff would request to defer award to the October 17th meeting to conduct further study.
He advised that the last inspection completed on the equipment was in 1970.
A motion was made by Commissioner Harden, seconded by Vice Mayor Peterson, to defer action on the bid award for the Screw Pump Repair-Southside Water Treatment Plant to the October 17, 2005 meeting. Motion carried. 6-0.

AYE: Harden, Peterson, Claybrook, Schrzan, O’Neal. Mills
NAY: None

b. Water and Sewer Line Relocation Project (open)

The following bids were opened and read into record.

BIDDER AMOUNT

Central Contracting Services $615,280.00
Oklahoma City, OK


McKee Utility Contractors, Inc. $660,250.00
Prague, OK

Krapff Reynolds Construction Co. $730,150.00
Oklahoma City, OK

Davenport Construction $723,170.00
Edmond, OK

W. N. Couch, Inc. $775,320.00
Tulsa, OK

Atlas General Contractors $589,064.60
Bixby, OK

Engineer’s Estimate: $744,095.00

Staff requested more time to check references.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to defer bids on the Water and Sewer Line Relocation Project to the October 17, 2005 meeting. Motion carried. 6-0.

AYE: Schrzan, Peterson, Claybrook, O’Neal, Mills, Harden
NAY: None

AGENDA ITEM NO. 16: 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. 17: Administrative Reports

Under Administrative Reports, the following gave reports:
•City Engineer John Krywicki reported that plans for the Farrall and Bell Street signal lighting would be submitted to the Oklahoma Department of Transportation (ODOT) for review by the end of this week.
•Fire Chief Jerry Bower reported that the City of Shawnee had received its ISO rating and it was a good report that the insurance rating was going from a 5 to a 4. It would become effective November 1, 2005.
•Utility Director Afsaneh Jabbar reported that the schedule had changed from the month of October for cleanup days to November 2,9,16, and 30th. Notices would go out in the October utility bills.
•City Manager Jim Collard informed the Commission that staff wants to take another look at workers’ compensation insurance and he has asked City Treasurer Becky Cragin to investigate for coverage.

AGENDA ITEM NO. 18: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)

Under Citizens Participation, Mr. John “Rocky” Barrett, Chairman of the Citizen Potawatomi Nation, requested the City to reconsider changing the word back from “fee” to “tax” on the ordinance that was passed at its last meeting for the OG+E franchise election to be held on November 8, 2005.
He commented that the impact on non-profit organizations and sovereign nation would require those entities to pay the fee.
Upon a lengthy discussion, other questions were raised that included de-annexation of trust lands held by the Citizen Potawatomi Nation; and shortening the franchise agreement to less than 25 years.
City Attorney John Canavan was directed to check with the Election Board secretary about options if the City had time to make the word change from “fee” to “tax” and how it would affect the special election on filling the Ward 4 Commissioner seat.
Mr. Ron Crews, 1224 N. Market, appeared before the Commission to complain about the property at 1222 N. Market as a public nuisance and unsafe due to the tall grass and vermin. Staff informed him that it belonged to the County.
Ms. Ida Morgan, citizen, thanked the Commission for the new sidewalk installed on Milstead Street.

AGENDA ITEM NO. 19: Commissioners Comments
Under Commissioners Comments, Mayor Mills reported on the Oklahoma Municipal League (OML) annual conference held in Tulsa last week. He presented a session on Safety Policy; City Manager Collard presented a session on Tribal Relations; and other staff members attended the banquet where former City Treasurer Bertha Ann Young was inducted into the Oklahoma Municipal Officials Hall of Fame in recognition of her 51 years in municipal service.

AGENDA ITEM NO. 20: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, that the meeting be adjourned.
Motion carried 6-0. (8:25 p.m.)

AYE: Schrzan, Claybrook, O’Neal, Mills, Harden, Peterson
NAY: None


______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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