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Date: 5/1/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:31:29 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 1, 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, May 1, 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 Leroy Kerbo
Oak Park Church of God

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Commission Appointment of a Vice Mayor (per Article III, Section 6 of the City Charter).

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to appoint Linda Peterson as Vice Mayor. Motion carried 7-0.

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

AGENDA ITEM NO. 2: Consider Approval of Consent Agenda:


a. Acknowledge staff will proceed with the opening and consideration of bids as set forth in Agenda Item No. 14.

b. Minutes from the April 17, 2006 meetings.

c. Budget Amendment in Gifts and Contributions Fund.

d. Transfers of Appropriations in General Fund and Shawnee Municipal Authority.

e. Acknowledge Shawnee Urban Renewal Authority minutes from the March 21, 2006 meeting.

f. Lakesite Lease Transfer:

Lot 7, Johnston Tract

To: Link Cowen
Heather Cowen
655 N. Broadway, Suite B
Shawnee, OK 74801

From: Elton & Linda Agee
16001 Hart Road
Shawnee, OK 74801

g. Approve request from Sgt. Ken King to be allowed to use his personal vehicle to attend the Texas Police Chief’s Association Acrred.Net Conference May 9 – 13, 2006. Prior approval to attend the conference was given at the February 21, 2006 city commission meeting.

h. Authorize the mayor to cast vote for Becky Cragin as Trustee for Oklahoma Municipal Assurance Group for a three-year term commencing July 1, 2006.

Resolution No. 6271 entitled “A resolution authorizing and directing Chuck Mills, Mayor and authorized agent of the City of Shawnee, Oklahoma, to cast votes for Trustees of the Oklahoma Municipal Assurance Group to fill expiring terms of Trustees.”
i. Authorize staff to apply for the ODOT Wildflowers Grant.
j. Approve CDBG FY 2006 – 2007 One Year Action Plan for fiscal year beginning July 1, 2006 through June 30, 2007.

k. Approve the following recommendation from the Community Services Contracts Review Committee:

Renew annual contract with Central Oklahoma Community Action Agency, Central Oklahoma Transit for FY 2006-2007 in the amount of $50,000.

l. Mayor’s Appointments:

Oklahoma Baptist University Authority Board of Trustees

Reappoint Tom Terry to a term to expire August 1, 2012
Reappoint Max Brattin to a term to expire August 1, 2012

Before voting on the consent agenda, Item No. 1 was pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Beck, to approve Consent Agenda Item No. 1 (a-l), less (1). Motion carried 7-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to defer appointment of the Oklahoma Baptist University Authority Board of Trustees Tom Terry and Max Brattin to a term to expire August 1, 2012 to a later meeting until more information has received. Motion carried 7-0.

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

Traffic Commission

Appoint Greg Clark to replace Bill Thurman as Ward 1 Commissioner

A motion was made by Vice Mayor Peterson, seconded by Commissioner Claybrook, to approve Greg Clark to replace Bill Thurman as Ward 1 Traffic Commissioner. Motion carried 7-0.

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

AGENDA ITEM NO. 3: Mayor’s Proclamations and Presentations:

Mayor Mills presented the following proclamations:

“Click It or Ticket Month”
May, 2006
(accepted by Police Chief Mike Chitwood)

“PKU Awareness Month”
May, 2006
(accepted by Teresa Beverage)

Presentation of Officer of the Month plaque to Patrolman Becky O’Blein

Mayor Chuck Mills and Police Chief Mike Chitwood presented a plaque and gift certificate to Officer Becky O’Blein, Patrolman for 4 years, as the April employee of the month in recognition of her excellent dedication to the City of Shawnee.

AGENDA ITEM NO. 4: Introduction and swearing in of Shawnee Police Officers Charles Swantek, Steve Hudgins, Allen Nichols and Jason Crouch.

Municipal Court Judge Robert Jones performed a swearing-in-ceremony and administered the oath of office to four new Shawnee Police Officers: Charles Swantek, Steve Hudgins, Allen Nichols and Jason Crouch who were all present.

AGENDA ITEM NO. 5: Discussion regarding the commencement of Level One water rationing.

City Manager Jim Collard declared that Shawnee, effective on May 1, would begin Level 1 water rationing at midnight.
Level One rationing would begin with even numbered homes utilizing water on even numbered days; then odd numbered homes on odd numbered days. Residential use would be with the restriction of outside water usage to 7:01 p.m. to 8:00 a.m.
Commercial usage would be with the restriction of exterior water usage in the same manner as residential use.
Also there was a discussion concerning the Municipal Pool, Mr. Collard stated that the pool would remain open until Level 4 rationing was reached.
Other areas that could be affected are car wash fundraisers, dispensing water in restaurants, and use of towels and linen in hotels.
The city manager urged residents and commercial water users to find ways to curtail their use of water for the community.

AGENDA ITEM NO. 6: Consider appeal of Pamela R. Johnson regarding demolition of property located at 431 S. Pennsylvania.

Ms. Pamela R. Johnson appeared on behalf of her request to appeal decision to demolish the house on property located at 431 S. Pennsylvania.
The staff report was given by Community Development Director Mike Southard.
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to affirm the decision of the Administrative Hearing Officer to demolish the structure on property located at 431 S. Pennsylvania. Motion carried 6-1.

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

AGENDA ITEM NO. 7: Consider authorizing city attorney to negotiate a contract with Woody Woodrell for the construction of a cell tower at Shawnee Twin Lakes.

Mr. Woody Woodrell, owner of Wilderness Wireless (WPM, Inc.), and Internet Service Provider explained that he was proposing to launch broadband internet service in the area west of Shawnee.
He recently located to the Shawnee Twin Lakes area on lot 16205 Hart Road and has requested to place a communication tower on Shawnee Twin Lakes lease property adjacent to his property to provide the residents of the lake and the surrounding area high-speed internet access at an affordable price.
A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to authorize City Attorney John Canavan to negotiate a contract with Woody Woodrell for constructing a cell tower at Shawnee Twin Lakes as guided by the City Commission. Motion carried 5-2.

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

AGENDA ITEM NO. 8: Consider an ordinance removing feral cats from definition of cats running at large.

Ordinance No. 2250NS was introduced and the title read aloud.

Ordinance No. 2250NS entitled “An ordinance relating to the control of cats in the City of Shawnee, amending Section 5-248, Division 1, Article IV of Chapter 5 of the Code of the City of Shawnee; providing for severability and declaring an emergency.”

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the Title and Sections 1-2 to Ordinance No. 2250NS with amended changes. Motion carried 7-0.

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

A motion was made by Commissioner Downing, on Section 3, emergency clause, but died due to lack of second.

Thereupon Mayor Mills declared Ordinance No. 2250NS duly passed and adopted in thirty (30) days from this date.

THE CITY COMMISSION RECESSED FOR A BREAK AT 7:47 P.M.

THE CITY COMMISSION RECONVENED AT 7:57 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 9: Consider an ordinance changing the rabies vaccination requirements for dogs from every year to every three years.

Ordinance No. 2251NS was introduced and the title read aloud.

Ordinance No. 2251NS entitled “An ordinance relating to animal control; amending Sub-Section (a) of Section 5-146, Division 3, Article III of Chapter 5 of the Code of the City of Shawnee; changing the requirement for rabies vaccination for dogs from every year to every three (3) years after the initial vaccination requirements for puppies are met; providing for severability and declaring an emergency.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, that the Title and Sections 1and 2, with amendments to Ordinance No. 2251NS be approved. Motion carried 7-0.

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

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that Section 3, the emergency clause, be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2251NS duly passed and adopted.

AGENDA ITEM NO. 10: Consider an ordinance relating to the disposition of unlicensed cats and dogs seized and impounded and extending the period for holding unlicensed impounded cats or dogs from forty-eight to seventy-two hours.

Ordinance No. 2252NS was introduced and read aloud.

Ordinance No. 2252NS entitled “An ordinance relating to the disposition of unlicensed cats and dogs seized and impounded in the City of Shawnee, Oklahoma; extending the period for holding unlicensed impounded cats or dogs from forty-eight (48) to seventy-two (72) hours before they can be euthanized; providing for severability and declaring an emergency.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Sections 1-3 of Ordinance No. 2252NS be approved. Motion carried 7-0.

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

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that Section 4, 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.2252NS duly passed and adopted.

AGENDA ITEM NO. 11: Presentation by Utility Director Afsaneh Jabbar and consideration of water and sewer tap fees.

A power point presentation was given by Utility Director Afsaneh Jabbar to consider water and sewer tap fees.
She covered several subjects such as the existing infrastructure and how to reduce the need for costly infrastructure to better manage uses of water; utility capital improvement plan; full-cost pricing; rates, fees, and other charges.
Many options for enhancing water efficiency would include appropriate land use ordinance, water reuse, water saving appliances, and appropriate landscaping methods.
Concluding her presentation, Ms. Jabbar told the Commission that more information would be given at future meetings.

AGENDA ITEM NO. 12: Presentation by Utility Director Afsaneh Jabbar regarding Atoka Water line/contract.

Utility Director Afsaneh Jabbar also gave a presentation regarding Atoka Water line/contract.
In her review of the draft contract, she gave points of discussion that included the price of purchased water, point of delivery, water guaranteed to be available during reasonable and normal use; and a ninety (90) day notification of pending rate hike.
Upon her recommendation to present these discussion points with the Oklahoma City officials, the Commission gave its consensus to proceed.

COMMISSIONER DOWNING EXCUSED AT 8:56 P.M.

AGENDA ITEM NO. 13: Consider an ordinance calling for holding of non-partisan general and general run-off elections for the offices of City Commissioners of the first ward, fifth ward and sixth ward; establishing manner of election and filing period.

Ordinance No. 2253NS was introduced and read aloud.

Ordinance No. 2253NS entitled “An ordinance calling and providing for the holding of nonpartisan General and General Runoff Elections in the City of Shawnee, Oklahoma, for the purpose of nominating and electing candidates for the offices of City Commissioner of the First Ward, City Commissioner of the Fifth Ward, City Commissioner of the Sixth Ward; establishing a filing period and qualifications for such offices; designating the manner of electing the various city offices named herein; providing for said elections to be conducted by the Pottawatomie County Election Board; providing for voting by absentee ballot; and declaring an emergency.”


A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Sections 1-5, be approved. Motion carried 6-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner Claybrook, that Section 6, the emergency clause, be approved. Motion carried 6-0.

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

Thereupon Mayor Mills declared Ordinance No. 2253NS duly passed and adopted.

AGENDA ITEM NO. 14: Consider Bids:

a. High Volume Copier Police Dept. (award)
b. High Volume Copier (award)
c. Northridge Drainage Project (award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to defer the bids for High Volume Copier Police Dept., High Volume Copier, and Northridge Drainage Project to the next meeting at the request of staff. Motion carried 6-0.

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

d. Flights, Chains and Gears for Southside Waste Water Treatment Plant (award)

At the last meeting staff was given authority by the Commission to negotiate a price with US Filter and the company will honor the same price as its last bid on March 6, 2006.



A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to approve staff recommendation to award the Flights, Chains, and Gears for Southside Waste Water Treatment Plant project to US Filter, Waukesha, Wisconsin, in the amount of $15,748.00 as the lowest and best bid. Motion carried 6-0.

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

e. Remodel City Hall Annex Building (open)

The following bid was opened and read into record.

BIDDER AMOUNT ALTERNATE

Westchester Development Co. $32,276.00 $2,475.00
Shawnee, OK 74804

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the bid for Remodeling of City Hall Annex Building be deferred to staff for review and recommendation at next meeting. Motion carried 6-0.

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

f. City Hall HVAC (open) (Deferred from 4/17/06)

The following bids were opened and read into record.

BIDDER AMOUNT

Hunter Mechanical & Controls $524,000.00
Oklahoma City, OK 73118

United Mechanical Service/Const. $454,000.00
Oklahoma City, OK 73105

Carrier Corporation N/A
Oklahoma City, OK 73127

A motion was made by Commissioner O’Neal, seconded by Vice Mayor Peterson, that the bid for the City Hall HVAC be deferred to staff for review and recommendation at the next meeting.
Motion carried 6-0.

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

AGENDA ITEM NO. 15: 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. 16: Administrative Reports.

Under Administrative Reports, City Engineer John Krywicki reported on the on-going street projects of MacArthur Street; Kickapoo Street widening; and bid opening at the next meeting for the Beard and Dunbar pedestrian signal crossing.

AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 18: Commissioners Comments.

Under Commissioners Comments, Mayor Mills talked about fund raising efforts for the Shawnee skate park.
A handout indicated that the City of Shawnee has set aside $95,000 and the approximate total cost will be $300,000 for completion.





AGENDA ITEM NO. 19: Adjournment.

There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Beck, that the meeting be adjourned. Motion carried 6-0. (9:15 p.m.)

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

____________________________
CHUCK MILLS, MAYOR



(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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