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Date: 3/20/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:26:27 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 20, 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 20, 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 Larry Sparks
Chaplain, Unity Hospital

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 March 2 and March 6, 2006 meetings.

c. Budget Amendments in Gifts & Contributions Fund and Shawnee Municipal Authority Fund.

d. Transfers of Appropriations in General Fund.

e. Acknowledge the following reports and minutes:

* Sales Tax Report through March, 2006.

 License Payment Report for the month of February, 2006

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

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

 Shawnee Urban Renewal Authority minutes from the February 22, 2006 meeting.

 Sister Cities Council minutes from the February 7, 2006 meeting.

 Shawnee Beautification Committee minutes from the January 6, 2006 meeting.

 Minutes from the Traffic Commission from the January 24, 2006 meeting.

f. Authorize staff to advertise for bids for a high volume copier for the Police Department training office.

g. Authorize staff to advertise for flights, chains and gears for Southside Waste Water Treatment Plant.

h. Approve Oklahoma Municipal Retirement Fund Disability retirement disbursement for Laura Jackson.

i. Authorize staff to sign a memorandum of Understanding with Oklahoma Office of Homeland Security regarding the use of Homeland Security Grant Funding on behalf of the local jurisdiction.

j. Approve out-of-state travel for Afsaneh Jabbar to attend Pump & Valve Selection for Optimum System Performance seminar, in Atlanta, Georgia, May 8-11, 2006.

k. Approve out-of-state travel for David Rodriquez to attend American Water Works Association 2006 Annual Conference, in San Antonio, Texas, June 11-15, 2006.

l. Recommendations from the February 28, 2006 Traffic Commission meeting:

1) Accept resignation of Ward 6 Commissioner Carl Holt.

Recommendation: To accept Mr. Holt’s resignation.

2) Request from citizen to install a speed limit sign on Interstate Drive.

Recommendation: To approve request. Speed limit has been posted at 35 mph along Interstate Drive.

3) Request from citizen to prohibit left turn from Kickapoo Street to Poplar Street.

Recommendation: To deny request.

4) Request from Gaines Neal, Neal’s Furniture, 23 East Main, to install “No Parking” on the second row (first two parking spaces) at the east entrance on the parking lot behind this location.

Recommendation: To approve request.

5) Request from Gaines Neal, Neal’s Furniture, 23 E. Main, to widen to the west entrance of the parking lot for semi-truck entrance.

Recommendation: To approve request by removing approximately 2 feet of bull-nose curbing. Mr. Neal will pay for removal.

6) Request from Randy Smith, Shawnee Mail Systems, 15 W. Main, to remove the curb in the parking lot behind the business to allow for semi-truck deliveries.

Recommendation: To defer request until the next meeting to allow staff time for further investigation.


Before voting on the Consent Agenda, items 1(j and k) were pulled for separate consideration as requested by Commissioner Schrzan.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that Agenda Item No. 1 (a-l) less (j and k), be approved. Motion carried 7-0.

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

Under Agenda Item 1(j), a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve out-of-state travel for Afsaneh Jabbar to attend Pump & Valve Selection for Optimum System Performance seminar in Atlanta, Georgia, May 8-11, 2006. Motion carried 6-1.

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

Under Agenda Item No. 1(k), a motion was made by Commissioner Beck, seconded by Commissioner Schrzan, to approve out-of-state travel for David Rodriquez to attend American Water Works Association 2006 Annual Conference in San Antonio, Texas, June 11-15, 2006. Motion carried 7-0.

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


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

Mayor Mills presented the following proclamations:

“Pray for Rain Day”
March, 26, 2006
(accepted by Ann Davis, Shawnee citizen)

“Fair Housing Month”
April, 2006
(accepted by Ron Henderson, Chair of Shawnee Urban Renewal Authority)

“McReady Month in Oklahoma”
April, 2006
(accepted by Don Lynch, Emergency Management Director)

AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month. (Robin Riddle, Municipal Court).

City Manager Jim Collard presented a plaque and gift certificate to Robin Riddle, Municipal Court, as the March employee of the month in recognition of her excellent dedication to the City of Shawnee.
Ms. Riddle was present to accept.

AGENDA ITEM NO. 4: Swearing-in of Shawnee Police Officer Sergeant Scott Hill recently promoted to the rank of Sergeant.

Municipal Judge Robert H. Jones sworn-in and administered the oath of office to Police Officer Sergeant Scott Hill, who was promoted Sergeant. He has been employed with the Shawnee Police Department for 16 years.

AGENDA ITEM NO. 5: Public hearing and consideration of revised Water Management Plan.

Mayor Mills declared a public hearing in session to consider the revised Water Management Plan.
Utility Director Afsaneh Jabbar gave the staff report giving an overview of the four levels of water rationing for residential and commercial use and provisions assuring compliance with the water management plan.
Mayor Mills asked if anyone was in favor or in protest of the revision to the Plan. No persons appeared and the public hearing was closed.
The Commission discussed the water plan and the possible use water wells inside city limits.
The Commission directed the city attorney to conduct research for clarification of the City Code regarding water wells in the city limits and give his report at the next meeting.
City staff will present the final Water Management Plan for consideration at the next meeting.

AGENDA ITEM NO. 6: Consider an ordinance establishing penalties for violating water rationing.

Ordinance No. 2242NS was introduced and the title read aloud.

Ordinance No. 2242NS entitled “An ordinance relating to penalties for violating the water rationing proclamation; amending Part 4 of Subsection (b) Section 26-67, Division 1, Article III of Chapter 26 of the Code of the City of Shawnee, Oklahoma; establishing the penalty for violation of water rationing within the city; providing for severability and declaring an emergency.”

A motion was made by Commissioner Beck, seconded by Commissioner O’Neal, that the Title and Sections 1-2 be approved. Motion carried 7-0.

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

A motion was not made on Section 3, the Emergency Clause.

Thereupon Mayor Mills declared Ordinance No. 2242NS duly passed and adopted to become effective thirty days from this date.

AGENDA ITEM NO. 7: Discussion of renewal of the Atoka Water Line agreement.

Utilities Director Afsaneh Jabbar gave a power point presentation discussing the present conditions of the Twin Lakes water supply and the option of how to deal with the lowering water levels.
In the past Shawnee has had an agreement with Atoka to access water when needed through a water line that emptied into a creek which fed into the Twin Lakes. The creek has since dried up and now an extension will need to be made to Shawnee’s existing line.
If the five and a half mile extension is made, Shawnee would need to enter into a contractual agreement with Oklahoma City Water Utilities Trust who hold controlling interest.
The estimated price per thousand gallons is $1.53 and the extension will be approximately $7 million dollars for the City of Shawnee.
City Manager Jim Collard pointed out concerns of contracting with Oklahoma City for use of the Atoka waterline were:
1) price per gallon
2) how much water is available
3) how much can the City of Shawnee access at any given time
After discussion, the Commission directed staff to proceed with its options regarding renewal of the Atoka raw water service agreement with Oklahoma City.

AGENDA ITEM NO. 8: Consider directing staff to draft an ordinance allowing communication towers in Agricultural Districts.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to direct staff to draft an ordinance allowing communication towers in Agricultural Districts with conditional use permit. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider agreement with Gordon Cooper Vo-Tech for the provision of police officers for on-campus security.

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to defer to the April 3rd meeting the agreement with Gordon Cooper Vo-Tech for the provision of police officers for on-campus security. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider request from Saving Pets at Risk, Inc. to allow the adoption of legally available animals from Shawnee Animal Shelter at no costs.

The Commission considered a letter of request from Kari A. Barrett, Adoption Coordinator of the Saving Pets at Risk, Inc. (SPAR) to allow that organization to adopt pets from the Shawnee Animal Shelter at no costs.
The purpose of SPAR is to rescue stray and homeless animals and place the animals in foster care and find appropriate adoptable homes. A spay and neuter program has been implemented by SPAR where low cost spays and neuters are offered to low income families who otherwise could not afford it.
It was mentioned that another organization, the Pets & People Humane Society of Yukon, have come to the animal shelter to adopt pets.
A motion was made by Commissioner Beck, seconded by Commissioner Schrzan, to approve contracts with SPAR and Pets & People Humane Society of Yukon for the adoption of legally available animals from Shawnee Animal Shelter at no costs and direct the city attorney to prepare the agreements. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider an ordinance amending the Employee Retirement System Defined Benefit Plan and providing retirement benefit payment Option “G”.

The purpose of the proposed ordinance pertained to a one-time exception cash payment to retired city employee Bettie Boswell using the Disabled Actuary Table.

Ordinance No. 2243NS was introduced and the title read aloud.

Ordinance No. 2243NS entitled “An ordinance amending the Employee Retirement System, Defined Benefit Plan for City of Shawnee, Oklahoma; providing retirement benefit payment option “G”; providing for repealer and severability; and declaring an emergency.”

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the Title and Sections 1-3. Motion carried 7-0.

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

There was no motion made on the Emergency Clause.

Therefore Mayor Mills declared Ordinance 2243NS duly passed and adopted and effective 30 days from this date.

AGENDA ITEM NO. 12: Consider awarding contract to Duncan Associates to develop/update the Development Code.

A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to approve a contract with Duncan Associates of Austin, Texas to develop and update the Development Code.



Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consider Bids:

a. One 72” Cut Riding Mower (Open)

BIDDER AMOUNT

Central New Holland $13,879.00
Oklahoma City, OK

Dinsmore Tractor Sales, Inc. $13,938.84
Shawnee, OK

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the bids be deferred to staff for review and recommendation at the next meeting. Motion carried 7-0.

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

b. One 2006 Mid-Size Utility Vehicle – SUV (Open)

BIDDER AMOUNT ALTERNATE TOTAL
BID

Hudiburg Auto Group $23,293.00 $3,446.00 $26,739.00
Midwest City, OK 73110

Harvey’s, Inc. $21,030.00 $2,491.00 $23,521.00
Shawnee, OK 74804

Joe Cooper Ford $20,839.00 $3,085.00 $23,924.00
Okla. City, OK 73101

AutoMax Dodge $26,154.00
Shawnee, OK 74804


#2 $26,474.00
#3 $26,316.00
#4 $21,259.00
#5 $22,196.00
#6 $22,114.00
#7 $28,538.00
#8 $27,917.00
#9 $28,322.00
#10 $28,171.00

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the bids be deferred to staff for review and recommendation at the next meeting. Motion carried 7-0.

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



AGENDA ITEM NO. 15: Administrative Reports

Under Administrative Reports, Fire Chief Jerry Bower reported that the truck and trailer to be used for homeland security was ready for staff to pick up in Madill, Oklahoma.

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

Under Citizens Participation, Julie Ackerman wanted to know how many wells are in the City of Shawnee.


AGENDA ITEM NO. 17: Commissioners Comments
Under Commissioners Comments, Commissioner Beck commented that there were inconsistencies in the Code regarding the period of time for animals impounded at the city’s animal shelter.
The city attorney took note and would make the changes to the ordinance for consideration at the next meeting.
Commissioner O’Neal announced that the Ward 3 meeting will be held at 5:30 p.m. Thursday March 23, 2006 in the Commission Chambers at City Hall.
Mayor Mills announced that the Chamber of Commerce invites the public to the Golden Corral at noon on Friday for the Mayor’s State of the City address.

AGENDA ITEM NO. 18: 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 7-0. (8:00 p.m.)

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

____________________________
CHUCK MILLS, MAYOR


(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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