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Date: 8/21/2006Board: City CommissionDocumentType: MinutesWeb Posted: 9/6/2006 9:47:39 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 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, Monday, August 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 David Daugherty
Commissioner Ward 5- Vice Mayor Commissioner Ward 6

ABSENT: None

INVOCATION Reverend Tim Youmans
First Baptist Church

FLAG SALUTE Mayor Mills

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

a. Minutes from the August 7, 2006 meeting.

b. Acknowledge the following reports and minutes:

* Sales Tax Report through August, 2006

* Shawnee Community Center report for the month of July, 2006

* Sister Cities Council minutes from the July 11, 2006 meeting.

* Shawnee Urban Renewal Authority minutes from the July 5, 2006 meeting.

c. Authorize out-of-state travel for Detective Alan Gunter to attend the 15th Annual Homicide Conference in Little Rock, Arkansas, October 22 – 25, 2006.

d. Authorize staff to request proposals for video production services.

e. Approve resolution of support for Shawnee Main Street Program.

The following resolution was accepted into the record.

RESOLUTION NO. 6281 ENTITLED “A RESOLUTION SUPPORTING CONTIN-UED PARTICIPATION IN THE MAIN STREET PROGRAM.”

f. Authorize extending contract for one month with Christian Fellowship Ministry for the management and operation of the Shawnee Community Center.

g. Approve contract with YMCA for management and operation of the Shawnee Community Center.

h. Approve deferring request from Sam Bullock for a revocable permit to construct a balcony above the sidewalk at 113 N. Bell until September 5, 2006 city commission meeting. (Deferred from 8/7/06)

i. Authorize application for sub-grant for emergency management funds.

j. Approve Oklahoma Alcoholic Beverage Laws Enforcement Commission Application for Travice Jennings d/b/a Dietrich’s Club, LLC located at 623 N. Kickapoo Spur.

k. Mayor’s Appointments:

Pioneer Library System

Appoint Nancy Cook-Senn to replace John Stobbe to a three-year term to expire 6/30/09

COEDD Board

Appoint Chuck Mills to replace Bob Downing
Appoint Linda Peterson to replace Carl Young

Airport Advisory Board

Appoint Dick Romine to replace Tim Stephens to a term to expire 7/1/08.

Before voting on the consent agenda, Vice Mayor Peterson asked that Item No. 1 (g) be removed for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Claybrook, to approve Consent Agenda Item No. 1 (a-k), less (g). Motion carried 7-0.

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

Under Item No. 1(g) Vice Mayor Peterson pointed out that the date of the contract with YMCA for management and operation of the Shawnee Community Center needed to be changed from September 1, 2006 to October 1, 2006.
There were two other changes that were addressed by the city attorney that was part of the following motion.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the contract with YMCA for management and operation of the Shawnee Community Center with the date of the contract to start October 1, 2006, the amount changed to $3,637.50 per month, and that a paragraph be added to state that Project H.E.A.R.T, Inc., user of the kitchen in the Center, would not be affected by this agreement.

Motion carried 7-0.

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

AGENDA ITEM NO. 2: Mayor’s Presentation of Certificate of Appreciation to Reverend Tim Youmans.

Mayor Mills presented a Certificate of Appreciation in recognition of the clergy who voluntarily give the invocation at the City Commission meetings. The Commission and mayor recognized Reverend Tim Youmans from First Baptist Church who was present to accept.

AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month. (Fred Couch, Utility Meter Reader).

City Manager Jim Collard presented a plaque and gift certificate to Fred Couch, Utility Meter Reader, as the August employee of the month in recognition of his excellent and dedication to the City of Shawnee.
Mr. Couch was present to accept.

AGENDA ITEM NO. 4: Presentation by staff and public comments regarding water issues within the City of Shawnee.

City Manager Jim Collard and Utility Director Afsaneh Jabbar gave a power point regarding the supply and demand of water facing the City of Shawnee currently and in future years.
The following is a summarized outline of the presentation.
*the mission is to supply adequate safe drinking water
*the challenge is drought conditions
*history-status of drought intensity for the United States-this year could be the driest year for Oklahoma; current rainfall amount for Pottawatomie County is 16.16 inches as opposed to 38.40 inches per year on a regular/normal average
*additional challenges are the treatment and transmission of water
*three viable sources of water are: Shawnee Twin Lakes, Wes Watkins Reservoir, and contract with Oklahoma City for purchse of water from the Atoka and McGee Creek Reservoir
*Options considered
run Wes Watkins into Twin Lakes-quality and quantity issues
run the river into Twin Lakes-quality and quantity issues
drill wells-quality issues of a high metal content and quantity yields are low on all wells tested
dredge Twin Lakes-issues of cost, waste management, sedimentation, and regulatory
*Other options
test existing wells
find other sources
*treated OKC water-distance of 30 miles as the closest point of access causing cost and timing issues
build new reservoir-not viable based on cost, time, and location
increased rationing-cannot depend on rationing to resolve issues
*The great misconceptions-the City’s response is that there are no quick and easy answers to a complicated issue.

At the end of the presentation, Mayor Mills emphasized to the public that city staff and City Commission had recognized the impending water problem and started working on this issue two years ago by creating a water advisory committee, reorganizing the Public Works Department, and had meetings with community organizations and industries to inform them of the water situation.
The meeting was open for questions and comments from the audience. Many citizens were in attendance and thirteen people addressed the Commission with suggestions and questions about the potential impact on residential and commercial users.
Dr. Joe Taron, Board member of the Pottawatomie County Development Authority, gave a brief history on how the Wes Watkins Reservoir was developed.
After discussion by the Commission, this agenda item concluded with city staff to propose options for the contract with Oklahoma City for purchase of water from the Atoka Reservoir and provide the costs for the surcharge to be passed on to the residential and commercial users for water.

CITY COMMISSION RECESSED AT 7:50 P.M.
CITY COMMISSION RECONVENED AT 8:04 PM.

AGENDA ITEM NO. 5: Discuss and consider Oklahoma City (Atoka) Water Contract.

Refer to the next agenda item for action.

AGENDA ITEM NO. 6: Discussion and consideration of water surcharge for purchase of water from Oklahoma City.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to defer Agenda Item Nos. 5 and 6 to a Special Called meeting on August 28, 2006 at 5:30 p.m. in the Commission Chambers. Motion carried 7-0.

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

AGENDA ITEM NO. 7: Consider a resolution authorizing the emergency repair of a sewer line in the 700 block of Beard Street.

Resolution No. 6282 was introduced and the title read aloud.

RESOLUTION NO. 6282 ENTITLED “A RESOLUTION AUTHORIZING URBAN CONTRACTORS TO MAKE EMERGENCY REPAIRS TO A SEWER LINE IN THE 700 BLOCK OF NORTH BEARD STREET AT AN APPROXIMATE COST OF $17,000.00; AND WAIVING COMPETITIVE BIDDING.”

A motion was made by Commissioner Beck, seconded by Vice Mayor Peterson, to approve the Title and Resolution No. 6282. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6282 duly passed and adopted.

AGENDA ITEM NO. 8: Consider postponing the landscaping requirement for new construction until water rationing is suspended.

Community Development Director Mike Southard reported that a request had been received to postpone the landscaping requirement for new commercial construction while the city is under water rationing.
He indicated that although the rationing plan allows for such watering, it was the concern of the business owner that watering would reflect negatively on the owner from the public’s perception.
It was staff’s recommendation to postpone the landscaping requirement.
A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, to accept staff’s recommendation to postpone the landscaping requirement for new construction until water rationing is suspended. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discuss and consider City of Shawnee joining county-wide Emergency 911 telephone service initiative.

Commissioner Schrzan requested this item that the Commission discuss and consider the City of Shawnee joining with the County for a countywide Emergency 911 telephone service initiative for the City residents to vote on at the November 7, 2006 election.
He mentioned that the Commission had until this Friday, August 25, to make its decision to join the County, since it was placed on the May 15th City Commission meeting agenda and no action had been taken.
Commissioner Schrzan presented the argument that the city residents should have the opportunity to vote on the question of the countywide E-9ll telephone services.
In discussion, it was noted that the city residents would be participating in the countywide election to extended 911 services to cell/wireless phones in exchange for a 50-cent monthly fee on each phone, which the City would receive a percentage income based on population.
In response, Mayor Mills and other Commissioners voiced their concerns about voting on a service that the city residents already had in place; and adding additional fees to those services was not in the best interest of the citizens of Shawnee.
Emergency Management Director Don Lynch was called upon to give a staff report. One of the factors he talked about was the idea of consolidating and placing the central dispatching center in the Town of Tecumseh, which was a concern for the City in regards to its fire and police safety and response time.
The mayor emphasized that the city and county officials had met on this issue numerous times and the County did not have a proposal that was workable.
A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, to approve placing on the November 7, 2006 ballot for Shawnee residents to vote on the question of a fee increase on the Emergency 911 telephone service. Motion failed 3-4.

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

AGENDA ITEM NO. 10: Consider an ordinance amending ordinance 2260NS to reflect the Code section as 21-71 instead of 21-70.

Ordinance 2277NS was introduced and the title read aloud.

ORDINANCE NO. 2277NS ENTITLED “AN ORDINANCE AMENDING ORDINANCE NO. 2260NS; CHANGING THE SECTION NUMBER FROM 26-70 TO 26-71; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.

A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Sections 1 and 2 of Ordinance No. 2277NS be approved. Motion carried 7-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, that Section 3, the emergency clause, be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2277NS duly passed and adopted.

AGENDA ITEM NO. 11: Consider awarding bid for Aggregate Materials. (Deferred from 7/17/06 and 8/7/06).

City staff recommended award of bid to Falcon Materials of Wewoka, Oklahoma for all rock use. This company is higher in price per ton but the distance they are hauling the materials makes them the lowest and best bid.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to award the bid for aggregate materials (all rock) to Falcon Materials, Wewoka, Oklahoma in the amounts specified at the July 17, 2006 meeting as the lowest and best bid with the reason that the price per ton was higher, but the distance of hauling the materials justified that this bid was the lowest and best bid as recommended by staff. Motion carried 7-0.

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

AGENDA ITEM NO. 12: 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. 13: Administrative Reports

Under Administrative Reports, the following updates were given:
*City Engineer John Krywicki reported on 1) the MacArthur Street project; 2) Kickapoo to I-40 five-laning project proposed to be completed end of October; 3) Street sweeper is being built in Waco, Texas to be completed in four months; and 4) traffic signal at Beard and Dunbar streets to be completed next week.
*Community Development Director Mike Southard reported on the Regional Park noting that the preliminary design plans had been received and in the process of rewriting the legal description to include both 40 acres to be presented to the State School Land Commission; and he reported that the Skate Park design had been received. An appraiser had been hired to appraise cemetery property next to the monument company to determine a value for sell to pay for the cemetery building.
*City Manager Jim Collard reported on the four final candidates for police chief to be interviewed on August 24, August 29, August 31, and September 1, with notices in the newspapers for an open forum for citizens to meet the candidates.

AGENDA ITEM NO. 14: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 15: Consider an Executive Session for the purposes:

a. Discussion of status of negotiations regarding contract with International Association of Firefighters Local No. 1628 pursuant to 25 O. S. 307(B)(2).

b. Discussion regarding the City Manager’s performance evaluation and renewal of employment contract pursuant to 25 O.S. 307(B)(1).

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Commission go into Executive Session to discuss matters pertaining to the status of negotiations contract with International Association of Firefighters, Local No. 1628 pursuant to 25 O.S. 307(B)(2); and City Manager’s performance evaluation and renewal of employment contract pursuant to 25 O.S. 307(B)(1). Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:08 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:25 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 16: Consider matters discussed in executive session regarding status of negotiations regarding contract with International Association of Firefighters Local No. 1628 pursuant to 25 O.S. 307(B)(2).

The Commission received information only and no action was taken concerning the negotiations regarding contract with International Association of Firefighters at this time.

AGENDA ITEM NO. 17: Consider matters discussed in executive session regarding City Manager’s performance evaluation and renewal of employment contract pursuant to 25 O.S. 307(B)(1).

A motion was made by Commissioner Beck, seconded by Commissioner O’Neal, to approve amending the term of the contract with City Manager Jim Collard by placing him back on a three year contract. Motion carried 5-1-1.

AYE: Beck, O’Neal, Mills, Peterson, Claybrook
NAY: Schrzan
ABSTAIN: Daugherty (Based on performance rating)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to approve giving City Manager Jim Collard a job performance bonus of $4,000.00 in addition to the annual raise provided to all city employees that would place him in the seventy-five percentile (75%) of the cities comparable to Shawnee.
Motion carried 5-1-1.

AYE: Peterson, Beck, Claybrook, O’Neal, Mills
NAY: Schrzan
ABSTAIN: Daugherty (Based on performance rating)

AGENDA ITEM NO. 18: Commissioners Comments

Under Commissioners Comments, Commissioner Beck expressed his gratitude to the leadership of city management.

AGENDA ITEM NO. 19: 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. (10:30 p.m.)

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

_________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:


______________________________
DIANA HALLOCK, CITY CLERK

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