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Date: 6/5/2006Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 9:36:29 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 5, 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, June 5, 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 Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3

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

Vacant
Commissioner Ward 6

ABSENT: Tom Claybrook
Commissioner Ward 1

INVOCATION Sandra Merchant
Unitarian Universalist
Fellowship of Shawnee

FLAG SALUTE Mayor Mills

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

a. Acknowledge staff will proceed with the opening and consideration of bids as set forth in Agenda Item No. 9.

b. Minutes from the May 15 and May 22, 2006 meetings.

c. Budget Amendment in Street Improvement Fund.

d. Acknowledge the following minutes:

* Shawnee Urban Renewal Authority minutes from the April 25, 2006 meeting.

* Civic and Cultural Development Authority minutes from the April 20, 2006 meeting.

e. Approve out-of-state travel for Kellie Howard to attend the 13th World Conference on Tobacco & Health in Washington, D.C. July 12 – 15, 2006.

f. Approve out-of-state travel for Becky Cragin and Brian Koons to attend the Association of Public Treasurers of the United States and Canada annual conference in Memphis, Tennessee July 22 – 26, 2006.

g. Acknowledge Workers Compensation settlement to Rachel Reavis in the amount of $14,000.00.

h. Recommendations from the Traffic Commission from their May 23, 2006 meeting:

1) Resignation of Bill Thurman, Traffic Board Ward Two.

Recommendation: To accept resignation.

2) Accept appointment of Greg Clark, Traffic Board Ward Two.

Recommendation: To accept appointment.

3) Continue discussion and consideration of request from Randy Smith, 15 W. Main, to remove the curb in the parking lot behind the business to allow for deliveries by semi-truck.

Recommendation: To deny request.

4) Continue discussion and consideration of request from Randy Smith, 15 W. Main, to install a sign for no parking behind his business.

Recommendation: To deny request.

5) Request from Board to adopt the Manual of Uniform Traffic Control Devices (MUTCD) as City of Shawnee Code as adopted on State and Federal levels.

Recommendation: To approve request.

6) Request from Lena Clark, 407 E. Scott, to install a security lamp at Scott and Oklahoma streets.

Recommendation: To approve request.

i. Mayor’s Appointments:

Shawnee Economic Development Foundation

Appoint Chuck Mills to replace Bob Downing

Before voting on the consent agenda, Vice Mayor Peterson asked that Items No. 1 h (1 and 2) be pulled and Commissioner Schrzan asked that Items No. 1 (f and i) be pulled for separate consideration.
A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to approve Consent Agenda Item No. 1 (a-i), less h (1 and 2), and (f and i). Motion carried 5-0.

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

Under Item No. 1(f) Commissioner Schrzan questioned the reasoning for Brian Koons, recently hired chief accountant, to attend the Treasurers annual conference in Memphis, Tennessee July 22-26, 2006.
Finance Director Becky Cragin responded that since Mr. Koons had just recently been hired as the new chief accountant for the City of Shawnee, his attendance would be in the best interest of the City to start training in municipal accounting as the first step toward certification.
A motion was made by Commissioner Schrzan to approve Becky Cragin to attend the Association of Public Treasurers of the United States and Canada annual conference in Memphis, Tennessee July 22-26, 2006, excluding Brian Koons. Motion died for lack of second.
Next, a motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to approve out of state-travel for Becky Cragin and Brian Koons to attend the Association of Public Treasurers of the United States and Canada annual conference in Memphis, Tennessee July 22 – 26, 2006. Motion carried 4-1.

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

Under Consent Agenda Item No. h (1 and 2), Vice Mayor Peterson brought out that a correction needed to be made to both sentences with the wording of “Traffic Board Ward Two” be changed to read “Traffic Board Ward 1.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item No. 1h as corrected. Motion carried 5-0.

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

Under Agenda Item No. 1(i), Commissioner Schrzan had questions about the Mayor’s self-appointment to the Shawnee Economic Development Foundation as the Commission’s appointment to fill the unexpired term of Commissioner Downing, recently deceased.
According to City Attorney John Canavan, the SEDF was not included in the ordinance enacted by the Commission; therefore, the Foundation would be considered a separate entity and he would have to refer the Foundation’s by-laws as to the intent to the protection of the integrity of the Board of City Commissioners.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to approve Mayor Chuck Mills to fill former City Commissioner Bob Downing’s unexpired term to the Shawnee Economic Development Foundation. Motion carried 4-1.

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

AGENDA ITEM NO. 2: Mayor’s Presentation:

Presentation of Officer of the Month plaque to Russell Frantz

Mayor Mills presented a plague and gift certificate to Lieutenant Russell Frantz, as the June Officer of the month, in recognition of his excellent dedication to the City of Shawnee. Lieutenant Frantz was present to accept.

AGENDA ITEM NO. 3: Discuss SAFETEA-LU transportation projects and funding alternatives.

Community Development Director Mike Southard presented the Transportation Enhancement Program Application Packet for the Commission’s discussion regarding transportation projects and funding alternatives.
He referred to his memorandum in the agenda packet that explained the possible funding for transportation projects.
He advised that the Oklahoma Department of Transportation (ODOT) was in the process of soliciting for the next round of the Safe, Accountable, Flexible, and Effective Transportation Equity Act, a Legacy for the User (SAFTEALU) enhancement grants.
Previous enhancement projects in Shawnee have included the Airport Trail, Bell Street streetscape, and Trails Master Plan that is currently in its initial stages.
He mentioned possible projects to consider would be Phase II of the Downtown Streetscape or Phase I of construction for new trails; and new sidewalk construction.
Financing was discussed and options were given that included bond financing as well as grant financing to be utilized for other projects.
Mr. Southard informed the Commission that there would be a twenty percent (20%) City’s match requirement and the maximum grant amount of $400,000.
It was left to the Commission for future consideration of projects to be considered for eligibility in next year’s budget.

AGENDA ITEM NO. 4: Consider an ordinance establishing fees for the permitting of private water wells.

Ordinance No. 2260NS was introduced and the title read aloud.

Ordinance No. 2260NS entitled “An ordinance relating to establishing fees for and to permitting of private water wells; providing for severability; and declaring an emergency.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the Title and Sections 1-3, be approved. Motion carried 5-0.

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

The emergency clause was not voted upon due to lack of a motion.
Thereupon Mayor Mills declared Ordinance No. 2260NS duly passed and adopted to become effective thirty days from this date.

AGENDA ITEM NO. 5: Discuss code regulations at Shawnee Twin Lakes.

The purpose of this discussion related to the lakesite lessees’ request for the Commission to reconsider the code requirements for septic tanks to be a minimum of 400 feet.
Several lake residents were given the opportunity to voice their concerns about the septic tank and lateral line requirements.
Ms. Linda Agee, president of the lake association, spoke on behalf of the residents about changing the code requirements stating that it would place a financial burden on the lessees for enforcement of the current regulations retroactively and that septic tanks, which were installed at 150 feet from the lakeshore, was not a health issue.
It was also their belief that the septic systems had been tested and proven by the State to be adequate.
Others who spoke were Patrick Henderson, Zig Ziegler, and Lonnie Hawkins.
Community Development Director Mike Southard gave the history of the lake leases indicating that the septic tank requirement was placed in the Code in 1990 when the leases were allowed for full residency and for protection of the lake as the main source of water for the community. He noted that the requirement was for the entire community and not only at the lake.
He further explained that since the leases are five-year leases, that in the past couple of years, the requirement of 400 feet was now being enforced for lease renewals.
Concluding discussion, the city manager called for staff to further examine the situation and determine what would be the reasonable impact on homeowners and protecting the interest of the community as a whole.

AGENDA ITEM NO. 6: Presentation from staff and consider awarding bid for Solid Waste Collection and Disposal Services (deferred from 5/15/06 meeting)

Utility Director Afsaneh Jabbar gave the staff report. The staff recommended the following award for solid waste collection and disposal services to Allied Waste (formerly BFI) for the following: 1) to extend the term of contract to at least six (6) years; 2) the first year of the contract would go with Option G manual collection twice per week at $8.70 per month; 3) during the first year of the contract conduct a pilot program for use of automated equipment. If it is proven that the City layout is conducive to automated services and use of polycart, then the second part Option D of the contract (five years) use automated equipment, once per week pickup for $10.65 per month; 4) it is recommended to provide yard waste collection at the second phase, once per week; and 5) negotiate with the contractor to provide additional sites for central recycling centers.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to accept staff’s recommendation to award the bid for Solid Waste Collection and Disposal Services to Allied Waste (BFI), Shawnee, Oklahoma for Options D and G as the lowest and best bid. Motion carried 5-0.

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

AGENDA ITEM NO. 7: Public hearing and consider proposed budget for FY 2006-2007.

Mayor Mills declared a public hearing in session to consider the City of Shawnee proposed budget for FY 2006-2007.
City Treasurer/Financial Director Becky Cragin presented the final budget.
The city treasurer stated that the following provides a summary of the Annual Budget for Fiscal Year 2006-2007 as compared to the 2005-2006 budget as (amended):
2006-2007 Increase
Budget (Decrease)
General Fund $14,931,548 $355,962
Shawnee Municipal Authority 9,037,686 $519,316
Shawnee Airport Authority 424,315 ($131,117)
Shawnee Civic & Cultural Development 500,000 ($50,000)
Authority
Capital Improvement Fund 3,409,141 ($432,629)
Street Improvement Fund 3,853,189 $214,256
All other Funds 1,854,356 $300,958

$34,010,235 $776,746

The budget has increased over the 2005-2006 budget by $776,746. The difference relates primarily to an increase in sales taxes and an anticipated increase in water projects in the Shawnee Municipal Authority.
The 2006-2007 General Fund budget has a projected ending fund balance of $64,882, which is net of a Fund Balance Reserve of Accrued Compensated Absences totaling $1,181,808. The projected increase in sales tax revenues of 5% in 2006-2007 over the amended budgeted amount for 2005-2006 accounts for most of the general fund budget increases. The budget reflects a cost of living increase for employees.
Mayor Mills asked if there were any others who wished to address the budget. There were no others and the public hearing was closed.

AGENDA ITEM NO. 8: Consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2006 through June 30, 2007 finding all things requisite and necessary have been done in preparation and presentation of budget.

Resolution No. 6272 was introduced and the title read aloud.

Resolution No. 6272 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 2006 through June 30, 2007 finding all things requisite and necessary have been done in preparation and presentation of said budget.”

A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to approve the Title and Resolution No. 6272. Motion carried 5-0.

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

Thereupon Mayor Mills declared Resolution No. 6272 duly passed and adopted.

AGENDA ITEM NO. 9: Consider Bids:

a. High Volume Copier for Police Department (award)
(Deferred from 5/15/06)

It was staff’s recommendation to award the bid to Don’s Copiers based upon the number of copies made even though the per copy charge was greater than the other two bidders.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve staff’s recommendation for the High Volume Copier for Police Department be awarded to Don’s Copiers, Shawnee, Oklahoma in the base bid amount of $351 per month as the lowest and best bid. Motion carried 5-0.

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

b. City Hall HVAC Design/Build Project (award)
(Deferred from 5/15/06)

Utility Director Afsaneh Jabbar gave the staff report in which she conducted a comparison of the two companies that had submitted proposals. It was staff’s recommendation to go with the higher bidder as justified in her written report.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to accept staff’s recommendation to award the City Hall HVAC Design/Build Project to Hunter Mechanical & Controls, Oklahoma City, Oklahoma in the amount of $524,000 as justified as being the lowest and best bid as based upon less business interruption to the City; the cost-efficiency of thirty percent (30%) reduction in energy use; and the maintenance cost will be less expensive in the life of the system. Motion carried 5-0.

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

c. Pedestrian Signal Crossing at Beard & Dunbar streets (award)

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve staff’s recommendation to award the Pedestrian Signal Crossing at Beard & Dunbar streets to Midstate Traffic Control, Oklahoma City, Oklahoma, as the lowest and best bid in the amount of $25,962.00. Motion carried 5-0.

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

d. One Diesel Powered 7.0 Cu. YD Minimum Capacity Dual Engine Municipal Street Sweeper (award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve staff’s recommendation to award the One Diesel Powered 7.0 Cu YD Minimum Capacity Dual Engine Municipal Street Sweeper with the option of an additional inside broom assist to United Engines, Oklahoma City, Oklahoma, in the amount of $119,417.50 as the lowest and best bid. Motion carried 5-0.

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

e. 20” Raw Water Line Repair Project (award)

A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to approve staff’s recommendation to award the 20” Raw Water Line Repair Project to Westchester Development Co., Shawnee, Oklahoma, in the amount of $17,725.00 as the lowest and best bid. Motion carried 5-0.

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

f. Shawnee Twin Lakes Tower Rehabilitation (open)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to defer awarding of the Shawnee Twin Lakes Tower Rehabilitation project to the June 19, 2006 meeting to allow staff time to review. Motion carried 5-0.

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

AGENDA ITEM NO. 10: 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. 11: Administrative Reports

Under Administrative Reports, Assistant Airport Manager Jerry Sharp reported that Request for Proposals for a fuel provider had been sent and Community Development Director Mike Southard reported that within a few weeks he would be coordinating with the Engineering Department to develop bid documents for the Regional Park landscape architect consultants for Phase I.

AGENDA ITEM NO. 12: Citizens Participation (A five minute limit per person)
(A fifteen minute limit per topic)

Under Citizens Participation, Ms. Mary Rafferty, 1110 W. Pennsylvania, appeared before the Commission to state that the Angel Food Program sponsored by a local church was creating traffic problems again in her neighborhood on Saturdays and wanted police enforcement. The city staff would check into the situation.
Mr. Jerry Mankin, local plumber, commented that the Commission needed to give more thought to the 400 feet requirement for septic tanks and lateral lines for residents at the lake since it could cause hardships.
.
AGENDA ITEM NO. 13: Commissioners Comments

Under Commissioners Comments, Mayor Mills mentioned the accelerating problem of people selling dogs, fruits and vegetables in front of K-Mart that do not have licenses or permits nor zoned properly.
City Manager Jim Collard replied that he would check into the situation and send a letter to the K-Mart manager and look into funding to have staff to work on weekends.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 5-0. (8:36 p.m.)

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

_________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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