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Date: 2/21/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:23:42 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

FEBRUARY 21, 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, February 21, 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’Neal Wes Beck
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

ABSENT: None

INVOCATION Reverend Bob Searl
University Baptist Church

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. 13.

b. Minutes from the February 6, 2006 meeting.

c. Budget Amendments in General Fund and Shawnee Airport Authority

d. Acknowledge the following reports and minutes:

* Sales Tax Report through February, 2006.

 License Payment Report for the month of January, 2006

 Planning Division Project Payment Report for the month of January, 2006

 Warrant Officer Report for 2004 and 2005 calendar years.

 Shawnee Community Center report for the month of January, 2006

 Shawnee Urban Renewal Authority minutes from the January 4, 2006 meeting.

 Sister Cities Council minutes from the January 10, 2006 meeting

e. Authorize out-of-state travel for Training Officer Ken King to attend the Texas Police Chiefs’ Association AccredNet Conference in San Antonio, Texas May 10 – 13, 2006.

f. Authorize staff to advertise for bids for 72” riding mower for use by the Parks Department.

g. Recommendations from the Beautification Committee:

1. Regarding the painting of a mural on the building located at Main and Broadway streets and the repainting and renovation of the mural on the building at Celebration of Life Park.

Recommendation: To approve payment up to $20,000 for the painting of the murals.

Before voting on the Consent Agenda, Consent Agenda Item Nos. 1(c and g) 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-g), less (c and g). Motion carried 7-0.

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

Agenda Item No. 1(c) was pulled for explanation by the City Treasurer Becky Cragin of the budget amendment. She informed that the budget amendment was to increase Cigarette Tax Revenues and increase Fuel Budgets due to the high cost of fuel.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item No. 1(c). Motion carried 7-0.

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

Under Agenda Item No. 1(g), regarding the painting of a murals, Community Director Mike Southard stated that the paintings would be done on March 17, 2006 thru March 24, 2006 by Bob Palmer and his team from UCO.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve Consent Agenda Item No. 1 (g). Motion carried 7-0.

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

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

“George D. Snider Day”
February 21, 2006
(accepted by Mr. George D. Snider)

Presentation of Resolution of Appreciation to Cpl. Joseph Haese for over 21 years of loyal service to the Shawnee Police Department. (The resolution would be delivered to Cpl. Haese since he was not present at the meeting.)

Resolution No. 6265 was introduced and the title read aloud.

Resolution No. 6265 entitled “A resolution expressing appreciation to Cpl. Joseph Haese for over 21 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to Cpl. Joseph Haese.”

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution No. 6265 be approved. Motion carried 7-0.

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

Police Chief Mike Chitwood introduced the new Shawnee Police Officers: Russell Conner and Robert Kyle Winrow.

Municipal Judge Robert H. Jones conducted a swearing - in ceremony and administered Oaths of Office to the recently hired Shawnee Police Officers Russell Conner and Robert Kyle Winrow.

AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month. (Don Lynch, Emergency Management Director).

City Manager Jim Collard presented a plaque and gift certificate to Don Lynch Emergency Management Director, as the February employee of the month in recognition of his excellent and dedicated service to the City of Shawnee. Mr. Lynch has twice performed at Carnegie Hall and is a member of several organizations.

AGENDA ITEM NO. 4: Public hearing and consider an ordinance amending Ordinance No. 2052NS and Section 40.2.8 of the Zoning Code to remove the requirement for sidewalks in new residential subdivisions. (Deferred from 1/17/06)

Mayor Mills declared a public hearing in session to consider an ordinance to amend Ordinance No. 2052NS and Section 40.2.8 to remove the requirement for sidewalks in new residential subdivisions.
Community Development Director Mike Southard gave the staff report stating that staff does not recommend removing the requirement for sidewalks, but expanding the requirement from residential to commercial and phasing in a plan for arterial and collector streets.
It was noted that the Planning Commission did not recommend amending the proposed ordinance.
There were no formal written protests filed with the City Clerk and no others appeared before the Commission; therefore, the public hearing was closed.
In discussion, Vice Mayor Peterson explained about what was discussed in the Planning Commission in which they recognized that the city had grown within the last ten years; and to achieve continual growth, the city would need to work with the developers.
The vice mayor proposed a substitute ordinance that would strike a balance between the needs of the city and the developers, but it could not be considered at this time.
A motion was made by Commissioner Beck, seconded by Commissioner Schrzan, to reject the amendment and do not change current regulations of the existing ordinance. Motion failed 3-4.

AYE: Beck, Schrzan, Claybrook
NAY: O’Neal, Mills, Peterson, Downing

Thereupon Ordinance No. 2052NS remains in effect.

AGENDA ITEM NO. 5: Consider a resolution amending the Tourism Advisory Committee membership to have the President/CEO of the Shawnee Economic Development Foundation replace the SEDF Executive Vice-President as a voting member of the committee.

Resolution No. 6266 was introduced and the title read aloud.

Resolution No. 6266 entitled “A resolution amending Section 1 of Resolution No. 5996; changing the President/Chief Executive Officer of the Shawnee Economic Development Foundation to a voting member of the Tourism Advisory Committee; changing the Executive Vice-President of the Shawnee Economic Development Foundation to an Ex Officio Member of the Tourism Advisory Committee.”

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that the Title and Resolution No. 6266 be approved. Motion carried 7-0.

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

AGENDA ITEM NO. 6: Discuss and consider staff’s presentation of Regional Park Design.

Community Development Director Mike Southard gave a report on the Regional Park Master Plan and requested the Commission’s direction to move forward with the plans for Phase I of the 10 to 15-year project.
He showed the design of the proposed park and advised that the construction phase would start with the 11 to 12 soccer fields, 8-10 baseball fields and the football and softball fields would be in the next phase.
Mr. Scott Warren, Shawnee Soccer Association, spoke to the Commission stating that the soccer fields were needed because of the growing interest of soccer. He also urged the Commission to keep all the soccer fields together.
Upon discussion, the Commission talked about future funding from grants, corporate sponsorships, and the development of a visitor’s center.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to accept the general concept of the Regional Park design as presented by staff and how the City wants the Regional Park to begin starting with the soccer fields; and direct staff to immediately ascertain from the State School Land Commission costs to get a contract signed and proceed with the project. Motion carried 7-0.

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

AGENDA ITEM NO. 7: Consider an ordinance adopting the public nuisance abatement procedure to abate defective sidewalks; replacing the City Manager with the Community Development Director in the process and providing for property owner appeal.


Administrative Assistant Toni Gray gave the background on a sidewalk issue from a few months ago that prompted staff to develop an ordinance addressing the abatement of defective sidewalks.
This process will be similar to the abatement of public nuisances.

Ordinance No. 2238NS was introduced and the title read aloud.

Ordinance No. 2238NS entitled “An ordinance relating to sidewalk construction and repair amending Sections 24-43, 24-44 and Sub-Section 24-45(a) of Article II, Chapter 24 of the Code of the City of Shawnee; creating new Sub-Sections 24-45(c), (d) and (e) of Section 24-45, Article II of Chapter 24 of the Code of the City of Shawnee; substituting the Community Development Director for the City Manager; adopting the procedure set forth in Section 7-582 of the City Code as the procedure to rectify defective sidewalks; establishing an appeal for the property owner from orders of the Community Development Director; establishing the City as not liable for repairs to sidewalks conducted pursuant to the procedures to abate; providing for severability and declaring an emergency.”

A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Sections 1-6 be approved. Motion carried 7-0.

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

Emergency clause failed due to lack of second.

Thereupon Mayor Mills declared Ordinance No. 2238NS duly passed and adopted to become effective thirty days from this date.

THE CITY COMMISSION RECESSED AT 7:24 P.M. FOR A BREAK

THE CITY COMMISSION RECONVENED AT 7:34 P.M. WITH ALL COMMISSIONERS PRESENT


AGENDA ITEM NO. 8: Consider an ordinance relating to payment of water bills and changing administrative fee for process of disconnecting. (Deferred from 2/6/06)

City Manager Jim Collard explained to the Commission that the main two reasons for the water ordinance was to clear up certain sections of the code that contradict each other; and comply with the auditor’s recommendation of shortening the aging process of payment of overdue water bills which extend beyond the normal 30-day cycle.
After due and careful consideration, Ordinance No. 2239NS was introduced and the title read aloud.
Ordinance No. 2239NS entitled “An ordinance relating to payment of water bills; amending Sub-Sections 26-29(i), 26-231(b) and 26-231(d) of Chapter 26 of the Code of the City of Shawnee, Oklahoma; changing the payment due date to fourteen (14) days after billing and substituting the City Manager or his designee for the Maintenance Superintendent or Utility Superintendent; eliminating the Sixty-five ($65.00) reconnect fee in favor of the existing Fifty-dollar ($50.00) Administrative fee for disconnecting water service; providing for severability and declaring an emergency.”

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the Title and Sections 1-4 be approved. Motion carried 7-0.

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

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

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

Thereupon Mayor Mills declared Ordinance No. 2239NS duly passed and adopted.

AGENDA ITEM NO. 9: Consider granting easement to Canadian Valley Electric in order to provide service to a tract of land in the Shawnee Twin Lakes area.

City Engineer John Krywicki provided a map and legal description showing the location of property that Canadian Valley Electric has requested for an easement to run a service line to a tract of land on Archery Lane Road in the Shawnee Twin lakes area.
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to approve the right-of-way easement to Canadian Valley Electric Cooperative to run a service line to a tract of land on Archery Lane Road in the Shawnee Twin Lakes area. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider acceptance of the Seneca Street Paving Project and placing maintenance bond into effect.

City Engineer John Krywicki reported that the Seneca Street Paving Project has been completed in accordance with the plans and specifications, placing the maintenance bonds into effect. He recommends that the Commission accept the Seneca Street Paving Project.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to accept the Seneca Street Paving Project and place the defect/maintenance bond into effect. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider approval of Supplement #3 to Horizon Engineering, LLC, in the amount of $40,000 for engineering design services on the T-Hangar, Taxiway and Crack Seal Project at the Shawnee Regional Airport.

City Engineer John Krywicki recommended approval of Supplement #3 for the engineering services provided for the reconstruction of the T-hangar apron, Reconstruction of Taxiway D and part of Taxiway A, and the crack sealing of Taxiway A south of the Terminal apron. Cost for engineering services of Supplement #3 is in the amount of $40,000, but the cost will be shared between the FAA and the City in a 95-5% split respectively. The City’s cost will be $2,000.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to approve the Supplement #3 to Horizon Engineering, LLC, in the amount of $40,000 for engineering design services on the T-hangar, Taxiway, and Crack Seal project at the Shawnee Regional Airport. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider approval of Supplement #4 to Horizon Engineering, LLC, in the amount of $18,000 for preparing plans, specifications and bid documents for the reconstruction of Taxiway A north of Taxiway D at the Shawnee Regional Airport.

Mr. Krywicki is also recommending approval of Supplement #4 in the amount of $18,000 for the reconstruction of Taxiway A north of Taxiway D at the Shawnee Regional Airport. The cost will also be respectively split 95-5% in which the City will have to pay $900 for the preparation of plans, specifications and bid documents.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve Supplement #4 to Horizon Engineering, LLC, in the amount of $18,000 for the reconstruction of Taxiway A north of Taxiway D at the Shawnee Regional Airport. Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consider Bids for Flights, Chains, and Gears for Southside Wastewater Treatment Plant (Open)

The following bid was opened and read into record.

BIDDER AMOUNT

US FILTER $15,748.00
Waukesha, WI 53189

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the bid for Flights, Chains, and Gears for the Southside Wastewater Treatment Plant be deferred to staff for review and recommendation at next meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 14: 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. 15: Administrative Reports

Under Administrative Reports, the following reports were given:

*Community Development Director Mike Southard reported that the Forestry Division has recognized Shawnee as a “Tree City USA” for the third consecutive year. Shawnee is one of twenty communities to receive the award at a banquet to be held on March 14th at the Governor’s Mansion.
*City Engineer John Krywicki reported that staff is checking the numbers to determine if it will be feasible to have street sweeping in-house. The costs will be presented at a future date. In the meantime, staff is checking on a month-to-month contract with BFI for street sweeping services that possibly will start in two weeks.
*City Manager Jim Collard reported that he had received the letter from FAA granting permission for the City to build the Early Childhood Center on airport property.
He and Utility Director Afsaneh Jabbar are continuing to meet with industries and civic organizations about the Water Management Plan.
The city manager also was at the Expo Garden Show over the weekend to distribute water conservation information.

AGENDA ITEM NO. 16: Citizens Participation (A five minute limit per person)
(A fifteen-minute limit per topic)

There was no Citizens Participation.
AGENDA ITEM NO. 17: Commissioners Comments
There was no Commissioners Comments.
AGENDA ITEM NO. 18: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 7-0. (8:20 p.m.)

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


____________________________
CHUCK MILLS, MAYOR


(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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