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Date: 12/4/2006Board: City CommissionDocumentType: MinutesWeb Posted: 12/19/2006 8:56:57 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 4, 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, December 4, 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
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Linda Peterson
Commissioner Ward 3 Commissioner Ward 5- Vice Mayor

David Daugherty
Commissioner Ward 6

ABSENT: Wes Beck
Commissioner Ward 4

INVOCATION Reverend Jimmie Don Gibson
Calvary Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Agenda:

Vice-Mayor Peterson requested that Item No. 2(e), Lakesite Lease Renewal, be pulled from the consent agenda and placed as an item on the regular agenda after Item No. 12. Vice-Mayor Peterson made a motion to approve the agenda with this modification. Motion was seconded by Commissioner O’Neal. Motion Carried 6-0.

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

AGENDA ITEM NO. 2: 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 November 20, 2006 meeting.

c. Transfer of Appropriations in the General Fund

d. Acknowledge the following reports and minutes:

* Civic and Cultural Development Authority minutes from the October 19, 2006 meeting.

* Shawnee Urban Renewal Authority minutes from the October 17, 2006 meeting.

* Traffic Commission minutes from the August 22, 2006 meeting.

e. Lakesite Lease Renewal:

Lot 6 Green Tract

B. Fellows
J. Fellows

f. Approve Alcohol Beverage Laws Enforcement Commission application of C.P. Sparkman d/b/a Spirits.

g. Approve schedule of regular meetings for the Shawnee City Commission for calendar year 2007.

h. Authorize staff to apply for grant funding for Citizens’ Corps Programs from the Oklahoma Department of Emergency Management.

i. Approve out of state travel for four city employees to attend an INCODE Education Workshop in Dallas, Texas February 12 – 17, 2007.

j. Acknowledge Traffic Commission Update Report.

k. Approve recommendations from the Traffic Commission’s November 28, 2006 meeting:

1) Continue discussion and consideration of request from Richard Randle, 1 Kaross, to install speed limit signs in Harbor Estates.

Recommendation: Approve request and install a 20 m.p.h. speed limit sign at the entrance of Harbor Estates.

2) Request to install a streetlight at the intersection of Airport Drive and Legacy Park driveway.

Recommendation: To deny request.

3) Request from Butch Cushman, 604 W. Wallace, to install northbound and southbound stop signs at Pottenger and Ford streets, making a 4-way stop.

Recommendation: To install temporary stop signs to see if this reduces speeding traffic.

4) Request from Butch Cushman, 604 W. Wallace, to install northbound and southbound stop signs at Chapman and Wallace.

Recommendation: To approve request.

5) Consideration of traffic signal at Union Street and Mall Drive.

Recommendation: To approve request.

6) Request from Jack Barrett, 1425 E. Bradley to install stop signs on Bradley Street at Elm Street, making a three-way stop.

Recommendation: To approve request.

Vice-Mayor Peterson requested that Item Nos. 2(k-3, k-4 and k-6) be pulled for further discussion. Commissioner Stephens requested that Item No. 2(k-2) be pulled for further discussion.

A motion was then made by Vice-Mayor Peterson and seconded by Commissioner O’Neal to approve the Consent Agenda, less Items 2(k-3, k-4, k-6 and k-2). Motion carried 6-0.

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

Under Agenda Item No. 2(k-3), regarding the placing of a stop sign at Pottenger and Ford streets, Vice Mayor Peterson asked if staff had polled the neighborhood for their input before the Traffic Commission approved this request. City Engineer John Krywicki confirmed that this was done.
Responding to the Vice Mayor’s question regarding 2(k-4), Mr. Krywicki noted that the stop sign recommended by the Traffic Commission at Chapman and Wallace streets was a temporary measure at this intersection and that he felt future installation of a speed hump would control speed better.
Vice Mayor Peterson made a motion, seconded by Commissioner Daugherty, to approve consent agenda items 2(k-3) and 2(k-4) as recommended by the Traffic Commission. Motion carried 6-0.

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

Regarding item 2(k-6), Mr. Krywicki stated that a neighborhood poll was not done in this situation, as there is no one living within 300 feet of the intersection.



A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to accept staff’s recommendation and approve stop sign being installed at the corner of Bradley and Elm streets. Motion carried 6-0.

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

Under Agenda Item No. 2k(2) it was requested that a street light be installed at Airport Drive and Legacy Park Apartments driveway. The Traffic Commission had denied the request due to the Legacy Park driveway being on private property and felt it was up to the property owner to install and pay for the light.
Commissioner Stephens asked Mr. Krywicki about costs associated with this request and responsibility for upkeep. Mr. Krywicki stated that O.G.& E. would install the pole and the city would provide a standard street light. Perpetual costs for the light would be approximately $20.00 - $30.00 per month. Commissioner Stephens made a motion, seconded by Commissioner Schrzan, to approve the request for a city street light at this location. Motion carried 5-1.

AYE: Stephens, Schrzan, O’Neal, Mills, Daugherty
NAY: Peterson

AGENDA ITEM NO. 3: Discuss protocol for “Citizens’ Comments”.

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to defer discussing protocol for “Citizens’ Comments” to a future commission meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 4: Citizens’ Comments (A three minute limit per person) (A ten minute limit per topic)

Under Citizen’s Comments, several Shawnee Lake area residents spoke addressing the septic system requirement issue at the lake, and a recommendation from the City Manager to prohibit any new development at the lake.

Linda Agee stated that no water quality studies have been done by the City of Shawnee and citing previous studies showing that as of 2004 the water quality of Shawnee Twin Lakes is excellent. She further stated that she felt the City was trying to de-value the lots in an attempt to roll back the ordinance allowing full-time residency.

Mike Cox stated that he was concerned about not being allowed to rebuild if his home in the event his home was destroyed. He felt his insurance company would only pay for replacement costs, and if the City did not allow him to replace his home, he would lose 100% of his investment.

Steve Walker spoke stating he owned multiple lots and wanted an answer as to why the City was trying to stifle growth at the lake.

Joe Rostochil also spoke stating he had lost money on other ventures and can’t afford to lose any more money.


AGENDA ITEM NO. 5: Mayor’s Presentation of Officer of the Month plaque to Police Officer Alan Nichols.

Mayor Mills presented a plaque to Officer Alan Nichols as the November Officer of the month, in recognition of his excellent dedication to the City of Shawnee. Officer Nichols was present to accept.

AGENDA ITEM NO. 6: Consider a resolution approving an amendment to the trust indenture for the Oklahoma Municipal Retirement Fund.

Staff recommended that this matter be continued until the December 18th meeting to allow staff time to meet with an OMRF representative for further explanation. A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to defer this item until the December 18, 2006 meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 7: Consider a resolution adding two additional board members to the Shawnee Convention and Visitors Bureau Advisory Committee.

Resolution No. 6289 was introduced and read into the record:

A RESOLUTION AMENDING RESOLUTIONS NO. 5996 AND 6233 OF THE CITY OF SHAWNEE, OKLAHOMA; INCREASING THE NUMBER OF MEMBERS OF THE TOURISM ADVISORY COMMITTEE FROM NINE TO ELEVEN; MAKING THE PRESIDENT/CEO OF THE SHAWNEE ECONOMIC DEVELOPMENT FOUNDATION A VOTING MEMBER OF THE COMMITTEE AND THE EXECUTIVE VICE-PRESIDENT OF THE SHAWNEE ECONOMIC DEVELOPMENT FOUNDATION AN EX-OFFICIO MEMBER; INCREASING THE NUMBER OF MEMBERS OF THE COMMITTEE REQUIRED TO CONSTITUTE A QUORUM FROM FIVE TO SIX.

A motion was made by Vice Mayor Peterson and seconded by Commissioner Daugherty that the Title and Resolution No. 6289 be approved. Motion carried 6-0.

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

Thereupon Resolution No. 6289 was duly passed and adopted.


AGENDA ITEM NO. 8: Consider a resolution establishing the Citizens Corps Council.

Emergency Management Director Don Lynch spoke to the Commission regarding this item. Mr. Lynch explained that this Council would work to make our communities safer by overseeing the following five programs: Neighborhood Watch, Emergency Response Team, Volunteers in Police Services, Medical Response Corps and Volunteers in Fire Services. The Citizens Corps Council would pursue grant funding for these programs and those grants would be brought before the City Commission for approval.

Resolution No. 6290 was introduced and read into the record.

RESOLUTION NO. 6290 ENTITLED “A RESOLUTION CREATING THE CITIZENS CORPS COUNCIL FOR THE CITY OF SHAWNEE.”

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Resolution No. 6290 be approved. Motion carried 6-0.

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

Thereupon Resolution No. 6290 was duly passed and adopted.

AGENDA ITEM NO. 9: Consider authorizing staff to enter into an agreement with Shawnee Public Schools regarding de-icing of parking lots in exchange for reimbursement of labor and materials.

City Engineer John Krywicki presented this request from Superintendent Marilyn Bradford of Shawnee Public Schools. Mr. Krywicki explained the City’s current policy of clearing emergency locations such as hospitals and fire stations first, then arterial streets and collector streets. He further indicated that if the City agreed to enter into an agreement with the school system, the parking lots would be considered a lower priority and would be cleared after the above referenced locations. Mr. Krywicki stated that his recommendation would be to include the payment by the school of the total costs of material and labor, including overtime, in a contract which would be brought back before the City Commission for approval.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve staff to negotiate contract with Shawnee Public Schools regarding de-icing parking lots.


Motion carried 6-0.

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

AGENDA ITEM NO. 10: Discuss and consider Ken Del Apartments drainage problem.

Ms. JoEllen Watson and her husband appeared before the Commission to request the City’s assistance in mitigating a water run-off situation occurring at Ken Del Apartments, property owned by Ms. Watson. Ms. Watson gave a history of the water run-off problems in that area and used maps to pinpoint the area of concern. Ms. Watson asked the City to re-direct the water flow into the cul-de-sac and into the storm sewer drain on Kickapoo, at the City’s expense.

City Engineer John Krywicki presented a power point presentation explaining that the Ken Del Apartment Complex was part of a PUD development constructed in 1977-78. He further explained that the developers did not put in any stormwater improvements at that time because the stormwater runoff would traverse along the natural lay of the land and therefore only an earthen swale was constructed to transport the runoff from south to north through the complex. Due to the swale being silted in and disturbed over the years, it is no longer able to convey the runoff adequately. The aerial view showed the parking lot, the 1980 photo of the approximate layout of the storm sewer, and a plat map showing sanitary sewer and existing easements in the immediate area. Due to the fact that this issue was caused by the original developer of the property, and the City of Shawnee has not done anything to increase the existing problem, Mr. Krywicki could not recommend this as a city project.
City Manager Jim Collard made the suggestion that the city do all it can on its part to manage the situation.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to accept staff recommendation to continue to work on the drainage problem but not to be considered a city project. Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 11: Discussion of Wes Watkins Reservoir water contract.

Utility Director Afsaneh Jabbar explained the basis of Wes Watkins Reservoir water contract and Tecumseh’s request to acquire its fifteen percent of water in an untreated form. She believes now that Tecumseh has new leadership it would not be feasible to revise any contract until the new Tecumseh leadership has been given time to familiarize themselves with the contract and related issues. This item will be continued at this time, but will be brought back before the Commission as expeditiously as possible.

AGENDA ITEM NO. 12: Discuss and consider septic tank requirements.

Community Development Director Mike Southard presented a power point presentation showing the information requested by the Commission at the last meeting. This information included the number of identified lots at Shawnee Lake No. 1, the number of leased lots, and the number of septic systems at the lake. City Manager Jim Collard presented the following recommendations for consideration:

1. All septic systems will be inspected bi-annually and a copy of the inspection, along with an accurate map showing the location of the septic system, will be filed with the City of Shawnee Building Department.

2. Wherever possible, direct the drainage flows away from the lateral fields.

3. Make every reasonable attempt to not drive, park or plant any vegetation, other than grass, over the lateral field.

4. In the event a septic system is replaced, locate the new system as far from the high water mark as possible.
a. Alternative sewage systems, including aerobic, will be allowed so long as they are in accordance with the building codes.

5. Prohibit privies.
6. Modify the language of the leases to reflect the current City Code and other regulations.

7. From this point forward, prohibit any new development. Specifically:
a. No permanent or semi-permanent structures will be allowed on any lot that does not currently have structural improvements.

b. For those lots that do have improvements, no expansions to the existing buildings will be allowed and no additional structures will be allowed. In the event of a fire or other natural disaster that results in destruction to greater than 50% of the existing structure, the building will not be allowed to be replaced.

Mr. Collard stated that these measures are being considered to protect the sensitive water supply for the citizens of the City of Shawnee.

At the conclusion of Mr. Collard’s presentation of recommendations, many lake residents spoke from the audience. Most were speaking regarding the issue of building or re-building on lake property. Some of the stated opposition to the recommendation was the desire to build permanent homes to replace mobile homes, to pass down property to children so they could build permanent homes in the future, to rebuild in the event the original structure is destroyed and the desire to sell their leasehold property with little or no improvements so that potential buyers could build their own homes.

Vice Mayor Peterson spoke to the audience about what the Commission is trying to accomplish. She stated that no one assumes that there is a problem at the lake, but it’s the City Commission’s obligation to evaluate the information provided. She further stated that her goal is to have sustainable growth and good water for the citizens of Shawnee.

Commissioner Schrzan stated that he believes this issue has gone on long enough and it needs to be settled. He then proceeded to bring forth each recommendation separately for discussion.

At the conclusion of a lengthy discussion, it was determined to address the septic issues at this meeting and to defer the recommendations regarding the building or rebuilding issues to a future meeting.

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan as follows:

To remove the 400’ of lateral line requirement; to require septic/aeration systems to be pumped or inspected by a state certified inspector every 5 years and a copy of the certificate/service maintenance contract to be provided by leaseholders to the Planning Department upon lease renewal or transfer, along with an accurate map showing the exact location of the septic system; to require the City of Shawnee to conduct an annual visual inspection of the septic field; in the event septic systems are replaced, the lateral lines shall be installed 150’ from the high water mark, or as far as is practical; and to modify the language in the leases to reflect the current City Code and other regulations. Motion carried 6-0.

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

Vice Mayor Peterson then made a motion, seconded by Commissioner Daugherty, to defer action on No. 7 (a & b) of the City Manager’s recommendations for ninety days to allow staff time to evaluate the issue of building or rebuilding on leased property at the lake. Motion carried 6-0.

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

AGENDA ITEM NO. 2(e): Lakesite Lease Renewal

Lot 6 Green Tract

B. Fellows and J. Fellows

Vice Mayor Peterson noted that the renewal form was not properly completed and did not give Commissioners enough information to act upon this renewal request.

Vice Mayor Peterson made a motion, seconded by Commissioner Daugherty, to defer this item to the December 18, 2006 meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 13: Consider Bids:

a. Rehabilitation of Bryan Sanitary Sewer Lift Station (Award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to award the Rehabilitation of Bryan Sanitary Sewer Lift Station to PSI Construction, Inc., Sapulpa, Oklahoma, in the amount of $57,324.00 as the lowest and best bid. Motion carried 6-0.

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

b. Water Plant Sanitary Sewer Lift Station with Forcemain and Rehabilitation of Sludge Lift Station. (Award)

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to award the Water Plant Sanitary Sewer Lift Station with Forcemain and Rehabilitation of Sludge Lift Station to PSI Construction, Inc., Sapulpa, Oklahoma in the amount of $123,537 as the lowest and best bid. Motion carried 6-0.

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

The following bids were read into record.

c. South Gordon Cooper Drainage Replacement (Open)

BIDDER AMOUNT

CPE Enterprises, Inc. $52,027.00
Maud, OK 74854

B & B Builders LLC $131,772.86
Shawnee, OK 74802

Westchester Development $57,600.00
Shawnee, OK 74801

Morton Construction, Inc. $41, 871.62
Stillwater, OK 74075

Engineer’s Estimate $55,000.00

A motion was made by Commissioner O’Neal, seconded by Commissioner Daugherty, to defer bids to staff for review and recommendation at the December 18, 2006 meeting. Motion carried 6-0.

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

AGENDA ITEM NO. 14: 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. 15: Administrative Reports

Police Chief Mathis reported that remodeling of the old jail space has started with the tearing out of the old construction. The remodeled space will be used for the Patrol Division.
City Treasurer Becky Cragin reported that Pat O’Neal, with the Internal Revenue Service, would be at City Hall on Monday December 11, 2006 at 9:00 a.m. to discuss the results of the recent I.R.S. audit. The Mayor, Vice Mayor, and Commissioner Stephens will also attend this meeting.
City Engineer John Krywicki spoke about the recent snow removal efforts. He explained that no residential streets would be cleaned, only arterial and collector streets. City Manager Jim Collard explained the benefits of moving the snow into the center of the street as opposed to the sides of the street. Mr. Krywicki said that this method would be used in the future when snow removal is required.

AGENDA ITEM NO. 16: Citizens’ Comments (A three minute limit per person) (A ten minute limit per topic)

Lake residents again spoke regarding issues previously discussed. Those speaking were Jo Davis, Linda Agee, Steve Walker and Julie Ackerman.
Resident Mr. Tom Smith spoke regarding the City curfew for juveniles. He said to either enforce the curfew or remove it.

AGENDA ITEM NO. 17: Commissioners’ Comments

There were no Commissioners’ Comments

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Daugherty, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 6-0. (8:59 p.m.)

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

_____________________________
CHUCK MILLS, MAYOR

(SEAL)

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




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