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, July 6, 2004 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
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Milo Steffen
First Christian Church (Disciples)
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. 6.
b. Minutes of the June 21, 2004 meeting.
c. Budget Amendment in 2002 Home Grant Fund
d. Acknowledge the following reports and minutes:
* Shawnee Urban Renewal Authority minutes from the June 8, 2004 meeting
* Civic and Cultural Development Authority minutes from the May 20, 2004 meeting
e. Lakesite Lease:
Renewals:
Lot 9, Mosler Tract
Carl & Velma Barrett
29851 Lake Drive
McLoud, OK 74851
f. Acknowledge Shawnee Industrial Authority audit for year-ended September 2003.
g. Approve Oklahoma Alcoholic Beverage Laws Enforcement Commission Application of Yksel Bashkimi d/b/a Frateli’s to serve beer and wine.
h. Authorize staff to advertise for bids for perimeter fencing at Shawnee Regional Airport.
Commissioner Claybrook requested pulling (h) for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve Consent Agenda Item No. 1 (a-g), less, (h), as presented. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
In consideration of l(h), it was staff’s explanation that the funds for the perimeter fencing at the airport would be paid by a federal grant.
A motion was made by Commissioner Claybrook, seconded by Commissioner Hadley, to approve l(h), authorizing staff to advertise for a perimeter fence for the Shawnee Municipal Airport. Motion carried.
AYE: Claybrook, Hadley, Peterson, Downing, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 2: Consider an ordinance allowing the setting and collection of costs of incarceration for municipal prisoners.
Acting Police Chief Conny Clay explained to the Commission that the proposed ordinance would allow the Municipal Court, as determined by the Municipal Judge, to assess incarceration fees to prisoners in order for the City to recoup its $30 a day per prisoner cost paid to the Pottawatomie County Public Safety Center Trust for housing its prisoners.
Ordinance No. 2168NS was introduced and the title read aloud.
Ordinance No. 2168NS entitled “An ordinance relating to costs of incarceration for municipal offenses in the City of Shawnee; creating a new sub-section 1-10(d), Section 1-10, Chapter 1 of the Code of the City of Shawnee, Oklahoma; allowing the Municipal Judge upon request of the Municipal Attorney, to require persons confined on a municipal offense to pay the cost of incarceration; defining costs of incarceration; directing said costs be determined by the municipal court; allowing exceptions; providing for severability and declaring an emergency.”
A motion was made by Commissioner Hadley, seconded by Commissioner O’Neal, that the Title and Sections 1 and 2, be approved. Motion carried.
AYE: Hadley, O’Neal, Mills, Peterson, Downing, Claybrook, Schrzan
NAY: None
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2168NS duly passed and adopted.
AGENDA ITEM NO. 3: Consider renewal of modified jail lease agreement with Pottawatomie County Public Safety Center Trust.
Acting Police Chief Conny Clay informed the Commission that staff was proposing a modified lease agreement with the Trust to reduce the $30 costs to $20 per twenty-four hour period for each city prisoner; and if any prisoner was in jail for less than two hours the City would not be charged.
A motion was made by Commissioner Hadley, seconded by Commissioner Downing, that the renewal of the modified jail lease agreement with Pottawatomie County Public Safety Center Trust be approved. Motion carried.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None
AGENDA ITEM NO. 4: Consider an ordinance amending the sign code of the City of Shawnee.
Community Development Director Mike Southard reported that the Beautification Committee recommended changes to the sign code to allow for lighted electronic devices (LED) or electronic reader boards/signs in commercial and industrial areas to be on-premise advertising only.
He further noted that the LED signs could be integrated into a pole sign or the building façade.
Ordinance No. 2169NS was introduced and the title read aloud.
Ordinance No. 2169NS entitled “An ordinance amending the Shawnee City Code, advertising and signs, Section 3-1, providing and amending definitions; Section 3-191, providing electronic reader board signs as an accessory sign; repealing all ordinances or parts of ordinances in conflict herewith; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that Section 5, the emergency clause, be approved. Motion failed. (Requires 75% in affirmative)
AYE: Downing, Schrzan, O’Neal, Mills, Peterson
NAY: Hadley, Claybrook
Thereupon Mayor Mills declared Ordinance No. 2169NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 5: Consider Memorandum of Agreement with Bureau of Indian Affairs, in conjunction with Sac and Fox Nation, and Pottawatomie County regarding reconstruction and improvements to Brangus Road between East Independence Street and East MacArthur Street.
It was noted that the road work on Brangus Road would be a one-mile project.
The funding responsibilities of the three entities would be as follows:
BIA funds (materials) $ 150,000.00
County funds (construction) 150,000.00
City funds (design) 20,000.00
Total project cost $ 320,000.00
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve the Memorandum of Agreement with Bureau of Indian Affairs, in conjunction with Sac and Fox Nation, and Pottawatomie County regarding reconstruction and improvements to Brangus Road between East Independence Street and East MacArthur Street. Motion carried.
AYE: Schrzan, O’Neal, Mills, Hadley, Peterson, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 6: Consider bids.
a. Sanitary Sewer Extension Project (award)
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, to accept staff’s recommendation to award the bid for sanitary sewer extension to Central Contracting Service, Oklahoma City, Oklahoma, in the amount of $39,425.00 as the lowest and best bid. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Hadley, Peterson, Downing
NAY: None
b. Asphaltic Concrete Type A, B & C (award)
In discussion, Commissioner Peterson voiced concern regarding the purchase from two other vendors without rebidding when material is not available at APAC.
A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, to accept staff’s recommendation to award the bid for asphaltic concrete type A, B, & C to Ashland/APAC of Oklahoma, for a one year contract as specified in their bid tabulation as the lowest and best bid; and approve purchase of hotmix from either T.J. Campbell or Oklahoma Construction Materials when the material is unavailable at APAC. Motion carried.
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
c. Kickapoo Street Drainage Structure (open & award)
The following bids were opened and read aloud into record by Assistant City Engineer Rex Hennen and awarded the same night due to the emergency nature of the project located north of the Shawnee Mall.
BIDDER AMOUNT
Plains Bridge Contracting $211,304.64
Yukon, OK
Muskogee Bridge Company $239,771.40
Muskogee, OK
ML Young Construction, Inc. $235,253.40
Edmond, OK
CP3 Enterprises, Inc. $189,147.05
Maud, OK
ENGINEER’S ESTIMATE: $202,340.20
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to accept staff’s recommendation to award the bid for Kickapoo Street Drainage Structure to CP3 Enterprises, Inc., Maud, Oklahoma, in the amount of $189,147.05 as the lowest and best bid contingent upon requirements of reference checks being met and supplying proper bonds. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 7: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business.
AGENDA ITEM NO. 8: Administrative Reports.
Under Administrative Reports, Interim City Manager Terry Compton issued an announcement to the public that the City would go back to Level 1 on voluntary water rationing to become effective at midnight this date.
Public Works James Cole gave the update on the water situation and due to significant rainfall and less usage of water in June, the rationing returned to Level l. But he cautioned that July, August, and September were dry months.
Also Mayor Mills read a memorandum from Interim City Manager Terry Compton issuing important points to support the recent rate increase in water and sewer utilities by thirty-percent when the Commission addresses this issue with the public.
AGENDA ITEM NO. 9: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 10: Consider an Executive Session to negotiate hiring of city manager pursuant to 25 O.S. §307(B)(1).
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Commission go into Executive Session to negotiate hiring of city manager pursuant to 25 O.S. §307(B)(1). Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:51 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:36 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 11: Consider action taken in Executive Session regarding city manager hiring negotiations pursuant to 25 O.S. §307(B)(1).
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve the draft contract for the city manager position and present to Mr. Jim Collard. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 12: Commissioners Comments.
There were no Commissioners Comments.
AGENDA ITEM NO. 13: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Schrzan, seconded by Commissioner Hadley, that the meeting be adjourned. Motion carried. (7:37 p.m.)
AYE: Schrzan, Hadley, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
_________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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