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Date: 10/16/2006Board: City CommissionDocumentType: MinutesWeb Posted: 11/14/2006 10:39:49 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 16, 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, October 16, 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

Wes Beck Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
David Daugherty
Commissioner Ward 6

ABSENT: Marva O’Neal
Commissioner Ward 3

INVOCATION Reverend Leroy Kerbo
Oak Park Church of God

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. 12.

b. Minutes from the October 2, 2006 meeting.

c. Budget Amendment in HOME Rehab Program Income Fund, 2004 Homebuyer New Construction Fund, 2001 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund, 2003 CDBG Entitlement Grant Fund, 2004 CDBG Entitlement Grant Fund and 2005 CDBG Entitlement Grant Fund.

d. Transfer of Appropriations in 2005 CDBG Entitlement Grant Fund.

e. Acknowledge the following reports and minutes:

* Sales Tax Report through October, 2006

* License Payment Report for the month of September, 2006

* Project Payment Report for the month of September, 2006

* Shawnee Urban Renewal Authority minutes from the September 6, 2006 meeting.

* Planning Commission minutes from the September 27, 2006 meeting.

f. Approve Oklahoma Beverage Laws Enforcement Commission Application for Knuckles Pub at Bell Street Brickhouse.

g. Approve renewal of OMAG Municipal Liability Protection Plan in the amount of $233,025.61.

h. Approve renewal of State of Oklahoma Department of Central Services fire station property coverage in the amount of $8,871.00.

i. Authorize out-of-state travel for City Manager Jim Collard to travel to Washington, D.C. concerning water issues.

Before voting on the consent agenda, Commissioner Schrzan requested that Agenda Item 1(i) be pulled for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, that Consent Agenda Items No. 1(a-h), excluding item 1(i) be approved. Motion carried 6-0.

AYE: Peterson, Beck, Daugherty, Claybrook, Schrzan, Mills
NAY: None

Under Agenda Item No. 1(i), Commissioner Schrzan voiced concerns with respect to approving out-of-state travel without a firm date or amount.
City Manager Collard explained that this trip was being arranged through Senator Istook’s office and he did not have any detailed information at this time. He further stated that he was requesting approval for the trip now in the event it was scheduled before the next city commission meeting.
A motion was made by Commissioner Schrzan to defer action until more concrete information was known. Motion dies due to lack of second.
A motion was made by Commissioner Claybrook, seconded by Commissioner Beck, to approve Consent Agenda Item No. 1(i) for the out-of-state travel for City Manager Jim Collard to travel to Washington D.C. concerning water issues. Motion carried 5-1.

AYE: Claybrook, Beck, Peterson, Daugherty, Mills
NAY: Schrzan

AGENDA ITEM NO. 2: Mayor’s Proclamations:

“National Feral Cat Day”
October 16, 2006
(accepted by Roberta Wortham )

COMMISSIONER O’NEAL NOW PRESENT AT 5:43 P.M.

“Demco Printing 100th Anniversary”
October 18, 2006
(accepted by Ron Henderson)

“National Business Women’s Week”
October 16 – 30, 2006
(accepted by Wanda Hill President of Business and Professional Women)


“Red Ribbon Week”
October 23 – 30, 2006
(accepted by Police Officer Kelly Vague)

AGENDA ITEM NO. 3: City Manager’s Presentation of Employee of the Month (Tommi Bierd, Personnel Administrator).

City Manager Jim Collard presented a plaque and certificate to Tommi Bierd, Personnel Administrator, as the October employee of the month in recognition of her excellence and dedication to the City of Shawnee. Ms. Bierd was present to accept.

AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 1332 N. Harrison from C-1; Neighborhood Commercial to C-3; Automotive and Commercial Recreation District for use as monument display. (Applicant: Jerome and Shirley Johnson)

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 1332 N. Harrison for use as monument display.
Mayor Mills asked if anyone was in favor of or in protest of the rezoning ordinance.
Community Development Director Mike Southard gave the staff report and it was noted the Planning Commission and staff had recommended approval.
Appearing before the Commission were applicants Shirley Johnson and Jerome Johnson. No others appeared and the public hearing was closed.
Ordinance No. 2281NS was introduced and the title read aloud.

ORDINANCE NO. 2281NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: LOTS TWENTY (20), TWENTY-ONE (21) AND TWENTY-TWO (22), BLOCK FORTY-NINE (49), BEVERLY HILLS ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL DISTRICT TO C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT.”

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2281NS be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2281NS duly passed and adopted.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance closing the right-of-way for Kethley Blvd. located north of MacArthur Street and west of Unity Health Center. (Applicant: Michael Warwick o/b/o Unity Health Center).

Mayor Mills declared a public hearing in session to consider an ordinance closing the right-of-way for Kethley Boulevard located north of MacArthur Street and west of Unity Health Center.
Mayor Mills asked if anyone was in favor of or in protest of the ordinance closing the right-of-way for Kethley Boulevard.
Community Development Director Mike Southard gave the staff report and it was noted the Planning Commission had recommended approval to close the right-of-way, but retaining any easements around utilities that were not relocated. No others appeared and the public hearing was closed.
Ordinance No. 2282NS was introduced and the title read aloud.

ORDINANCE NO. 2282NS ENTITLED “AN ORDINANCE CLOSING TO PUBLIC USE THE RIGHT-OF-WAY ALONG KETHLEY BOULEVARD IN THE CITY OF SHAWNEE, OKLAHOMA; SPECIFICALLY DESCRIBING SAID LOCATION; RESERVING UTILITIES AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Beck, seconded by Commissioner O’Neal, that the Title and Sections 1-3 of Ordinance No. 2282NS be approved. Motion carried 7-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that Section 4, the emergency clause, be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2282NS duly passed and adopted.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance closing the 15’ water line easement which crosses Legacy Park located south of Saratoga Street and east of Airport Drive. (Mike Warwick o/b/o Anchor Housing L.P. XI)

Mayor Mills declared a public hearing in session to consider an ordinance closing the 15-foot water line easement.
Mayor Mills asked if anyone was in favor of or in protest of the ordinance.
Community Development Director Mike Southard gave the staff report and it was noted the water line was relocated prior to construction of the Legacy Apartment complex. The line has been accepted and is in service. The staff recommends approval of closing the utility easement. No others appeared and the public hearing was closed.

Ordinance No. 2283NS was introduced and the title read aloud.

ORDINANCE NO. 2283NS ENTITLED “AN ORDINANCE CLOSING A 15’ WATER LINE EASEMENT LOCATED THE SE/4 OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 3 EAST, POTTAWATOMIE COUNTY, OKLAHOMA; SPECIFICALLY DESCRIBING SAID PROPERTY; RESERVING THE RIGHT TO REOPEN SAID EASEMENT; AND RESERVING UTILITIES.”

A motion was made by Commissioner O’Neal, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2283NS be approved. Motion carried 7-0.

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

No action was required for Section 5, the emergency clause, of the ordinance.
Thereupon Mayor Mills declared Ordinance No. 2283NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing for consideration of approval for a one-operator beauty shop in R-1 District located at 1224 N. Market. (Applicant: Billi Jo Crews)

Mayor Mills declared a public hearing in session to consider the approval for a one-operator beauty shop.
Mayor Mills asked if anyone was in favor of or in protest of the one-operator beauty shop.
Community Development Mike Southard gave the staff report and it was noted the Planning Commission recommended approval.
The applicant, Billi Jo Crews, appeared before the Commission to answer questions. No formal or written protests were made. No others appeared and the public hearing was closed.
A motion was made by Commissioner O’Neal, seconded by Commissioner Schrzan, to approve the one-operator beauty shop located at 1224 N. Market. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider approval of preliminary plat for the Woodlands at Windmill Ridge Addition located north of Independence and east of Bryan at the northeast corner of Windmill Ridge. (Applicant: Windmill Development, LLC)

This is a 40-lot subdivision covering 25.36 acres located north of Independence and east of Bryan at the northeast corner of Windmill Ridge. Staff has reviewed the proposed plat and offered a few modifications for consideration. Those modifications were either integrated into the revised plat or were justified by providing an easement. Sewer lines will be installed in the street right-of-way and water lines will be extended to the north and east property lines in order for the lines to be further extended.
A motion was made by Commissioner Beck, seconded by Commissioner Daugherty, to approve preliminary plat of the Woodlands at Windmill Ridge Addition located north of Independence and east of Bryan at the northeast corner of Windmill Ridge. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Authorize staff to reject bid and advertise for proposals for Realtor to sell cemetery property located at the southwest corner of Harrison and Grant streets. (Bid opened 10/2/06)

Only one bid was received in the amount of $20,000.00 on the sale of surplus property located at Harrison and Grant Streets. Staff recommends rejecting the bid. Staff also asked permission for Community Development Director Mike Southard to advertise for proposals from reality companies in order to sell the property. The appraised amount of the property was $122,000.00.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to reject the bid and authorize staff to advertise for proposals from realtors to sell cemetery property located at the southwest corner of Harrison and Grant Streets.

Motion carried 6-0-1.

AYE: Peterson, O’Neal, Mills, Daugherty, Claybrook, Schrzan
NAY: None
ABSTAIN: Beck
.
AGENDA ITEM NO. 10: Discussion concerning increasing deposit for fire hydrant meters.

The Commission discussed consideration of increasing the deposit amount for fire hydrant meters.
Utility Director Afsaneh Jabbar began the discussion by stating that the meters are used by construction companies that need water on a temporary basis. The current deposit amount is $500. The meter cost is $950. Staff is proposing increasing the amount to $1,100 to cover the cost of the meter if it is not returned. The deposit would be refunded when the meter is returned with the usage deducted. Ms. Jabbar indicated that her research revealed that this proposed increase is in line with other cities contacted.

AGENDA ITEM NO. 11: Consider construction of sign at Shawnee Regional Airport for fuel service.

Assistant Airport Manager Jerry Sharp reported that Phillips 66 Company, the provider of fuel sold by the Shawnee Regional Airport, wished to construct a 19-foot sign advertising their fuel. This sign will be installed at no cost to the airport.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, to approve construction of a sign at the Shawnee Regional Airport for fuel service. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider Bids:

a. New Community Center Roof (award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the New Community Center Roof bid be awarded to Westchester Development, Shawnee, Oklahoma, in the amount of $14,870.00 and $840.00 for ventilation, as the lowest and best bid. Motion carried 7-0.

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

The following bids were opened and read into record.

b. New HVAC System Installation at 1950 N. Park (Open)


BIDDER AMOUNT

Mechanical Concepts, Inc. $11,542.78 4 Ton
Oklahoma City, Oklahoma $ 1,235.00 Optional: free cooling
$10,355.21 4 Ton split


A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the bid for New HVAC System Installation at 1950 N. Park be deferred to staff for review and recommendation at the November 6, 2006 meeting. Motion carried 7-0.

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

c. One New Steel Vacuum Tank Trailer (Open)

BIDDER AMOUNT

Enid Mack Truck Sales, Inc. Bid #1 NO BID
Enid, Oklahoma

Enid Mack Truck Sales, Inc. Bid #2 $34,280.00 with trade-in
Enid, Oklahoma $35,780.00 without trade-in


Bruckner Truck Sales, Inc. $36,480.00 with trade-in
Oklahoma City, Oklahoma $41,980.00 without trade-in

City Trailer, Inc. $43,500.00 with trade-in
Oklahoma City, Oklahoma $49,500.00 without trade-in

The Jack Olsta Co. $42,199.00 without trade-in
Huntsville, Texas

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the bids for the One New Steel Vacuum Tank Trailer be deferred to staff for review and recommendation at the next meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Under Administrative Reports, City Treasurer Becky Cragin reported on the IRS audit being done by Pat O’Neal. City Engineer John Krywicki reported that on October 23rd work would begin on the intake structures at the lake.

AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)

Under Citizens Participation, Ms. Sue Buscilli stated that she was disappointed with the response from the Shawnee Police Department and Animal Control regarding a dangerous pit bull dog in her neighborhood. Ms. Buscilli stated that she would take necessary steps to protect her family.
Mr. Warren Rutherford, retired engineer, presented a proposal for working out a solution to the water issues between Shawnee and Tecumseh. It was noted from the last meeting that staff was given 60 days to consider the current contract between the two entities.
Ms. Kari Barnett accepted her certificate of appreciation for her work with the SPAR organization.

AGENDA ITEM NO. 16: Consider an Executive Session to discuss contract negotiations with International Association of Firefighters, Local No. 1628 as authorized by 25 O.S. 307(B)(2).

A motion was made by Vice Mayor Peterson, seconded by Commissioner Beck, that the Commission go into Executive Session to discuss contract negotiations with International Association of Firefighters, Local No. 1628 authorized by 25 O.S. 307(B)(2). Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:25 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:50 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding contract negotiations with International Association of Firefighters, Local N. 1628.

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. 18: Commissioners Comments

Under Commissioners Comments, Vice Mayor Peterson spoke of a recent water symposium she attended and stated that it was widely recognized that Shawnee is leading the way regarding water issues and policymaking.
Commissioner O’Neal announced that a come and go reception will be held for Harold Lee, newly appointed director of the YMCA program at the Shawnee Community Center, will be held on November 2nd from 6-8 p.m.
Mayor Mills announced that a special called meeting of the City Commission was being planned for Monday, October 30 at 5:30 p.m. for a public forum and discussion on septic issues.

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. (7:58 p.m.)

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



_____________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_______________________________
PHYLLIS LOFTIS, DEPUTY CITY CLERK
FOR DIANA HALLOCK, CITY CLERK



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