Date: 1/22/2008Board: City CommissionDocumentType: MinutesWeb Posted: 2/5/2008 10:16:14 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 22, 2008 AT 6:30 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, Tuesday, January 22, 2008 at 6:30 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 Timmy Young
Commissioner Ward 2 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

ABSENT: Pam Stephens Marva O’Neal
Commissioner Ward 1 Commissioner Ward 3

INVOCATION Rev. Larry Sparks New Beginnings Church
and
Rev. David Henry
Calvary Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

In consideration of the Agenda, it was requested that Agenda Item No. 3 (Citizen’s Participation) follow Agenda Item No. 5 and Agenda Item No. 13 be moved to be considered after Agenda Item No. 21. A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the Consent Agenda as presented.


Motion carried 5-0

AYE: Peterson, Holt, Schrzan, Mills, Young
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. 14.

b. Minutes from the December 28, 2007, January 7, 2008, and January 14, 2008 meeting.

c. Transfers of Appropriations between departments in General Fund from Police Department to Human Resources.

d. Budget Amendment and Appropriation of Available fund Balance in General Fund from applied for FEMA and state grants to ice storm debris clean-up.

e. Budget Amendment and Transfer of Appropriated Funds from one fund to another Economic Development to Street Improvement Fund.

f. Appropriation of Beginning Fund Balances and Transfers between Funds in the General Fund Street Department to Economic Development and SMA Fund to Economic Development.

g. Transfer of Appropriations within a Department in the General Fund for accounting and auditing services.

h. Acknowledge the following reports and minutes:

• Beautification Committee minutes from December 3, 2007.
• Airport Advisory Board minutes from December 19, 2007.

i. Approve contract to provide interpreter for Municipal Court.

j. Approve Contract Review Committee recommendation to renew Downtown Shawnee, Inc. contract to expire on June 30, 2008 with no change in the funding level of $16,000.

k. Approve budget calendar for FY 2008-2009.

l. Approve amendment to the lease agreement with the Shawnee YMCA.

m. Approve out of state travel for City Manager to attend Native American Finance Conference February 26-29, 2008, in Las Vegas, NV.

n. Approve out of state travel for Don Lynch to attend the FEMA Region 6 Regional Emergency Communications Coordination Working Group meeting in Denton, TX on January 23, 2008.

o. Authorize out of state travel for Rex Hennen to attend the FAA Partnership Meeting to be held in Dallas, TX, March 10-12, 2008.

p. Authorize staff to advertise for bids on ODOT Tree Grant.

q. Approve Airport lease agreement with Metro Mart.

r. Authorize staff to advertise for RFP’s for car rental company at Shawnee Regional Airport.

Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item No. 2(e), 2(f), and 2(i), be pulled for separate consideration. Commissioner Schrzan requested Agenda Item No. 2(m) be considered separate as well.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve Consent Agenda Item No. 2 (a-r), less (e), (f), (i), and (m), as presented. Motion carried 5-0.

AYE: Peterson, Young, Schrzan, Mills, Holt
NAY: None
Under Agenda Item No. 2(e), regarding the Budget Amendment and Transfer of Appropriated Funds from one fund to another Economic Development to Street Improvement Fund.

Vice Mayor Peterson had questions regarding whether this transfer should be from the Shawnee Municipal Authority rather than Economic Development. After a brief clarification, a motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the Budget Amendment and Transfer of Appropriated Funds to Street Improvement Fund as is. Motion carried 5-0.

AYE: Peterson, Young, Holt, Schrzan, Mills
NAY: None

Under Agenda Item No. 2(f), regarding Appropriation of Beginning Fund Balances and Transfers between Funds in the General Fund Street Department to Economic Development and SMA Fund to Economic Development. A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to defer to the February 4, 2008 commission meeting. Motion carried 5-0.

AYE: Peterson, Holt, Schrzan, Mills, Young
NAY: None

Under Agenda Item No. 2(i), to establish consistency with the City’s fiscal year, a motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to change the expiration date on the Municipal Court contract for interpreter services to end at fiscal year June 30, 2008. Motion carried 5-0.

AYE: Peterson, Young, Holt, Schrzan, Mills
NAY: None

Under Agenda Item No. 2(m), concerning the out of state travel for City Manager Jim Collard to attend Native American Finance Conference February 26-29, 2008, in Las Vegas, Nevada, Commissioner Schrzan stated that he does not feel it is appropriate for Dr. Collard to attend. A motion was made by Commissioner Schrzan to not allow this out-of-state travel request. Motion dies for lack of a second.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the out of state travel for City Manager February 26-29, 2008. Motion carried 4-1.

AYE: Peterson, Young, Holt, Mills
NAY: Schrzan

AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentations:

“Roe and Louise Honaker Day”
January 19, 2008
(accepted by Roe and Louise Honaker)

“Martin Luther King, Jr. Day”
January 21, 2008
(accepted by Timmy Young)

“National Mentoring Month”
January 2008
(accepted by Danielle Roberts)

Presentation to Shawnee Police Department Detective Julie Huskins as Officer of the Quarter.

Police Chief Bill Mathis presented an Officer of the Quarter Award to Corporal Julie Huskins of the Shawnee Police Department for her excellent service to the City of Shawnee. Cpl. Huskins was present to accept.

AGENDA ITEM NO. 5: City Manager’s presentation to employee of the month, Travis White with the Fire Department.

The presentation will be given at a later time. Travis White was unable to attend due to illness.


AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Under Citizens Participation, Jeanetta Townes, Linda Jones and Grace Shiles spoke in support of Candie Swinney. Shaylyn King spoke regarding the contract with the police union and questioned whether mediation had taken place. She also urged Human Resource personnel to become conflict mediators.

AGENDA ITEM NO. 6: Presentation by Anne Masters, Pioneer Library System Director, regarding Shawnee Public Library services.

Anne Masters, Pioneer Library System Director, spoke of the library system and the services offered at the Shawnee Public Library. The Pioneer Library system services Cleveland, McClain and Pottawatomie Counties, with three branches in each county.
The Shawnee library has a working staff of 25 employees and an annual salary of $527,452.
Ms. Masters further reported that in 2006-2007 a total of 216,668 items were checked out from the library. The average weekly library attendance was 3,288.
Ms. Masters also noted the library’s special programs such as Children’s, Teens’ and Adult’s Summer Reading Programs as well as Pottawatomie County Literacy Programs.

AGENDA ITEM NO. 7: Consider appeal of Shannon Johnson for demolition of property at 1316 E. Fay.

Code Enforcement Officer Mike Cox gave the staff report on this item. Mr. Cox’s report indicates that the City has been working with property owner(s) regarding debris cleanup since July, 2007. The property was previously owned by Viola Hopkins, grandmother of Shannon Johnson. The administrative orders from three previous hearings requiring the junk, trash and debris removed have not been complied with. The water account was finaled for non-payment on November 2, 2006. Mr. Cox further stated that complaints received from neighbors indicate that people are coming and going at night from this structure.
Shannon Johnson, property owner, was present and explained that the junk, trash and debris in front of the property had been placed there when she began cleaning up the property. She stated that the ice storm delayed further clean up. She also stated that her future husband was incarcerated during that time and had recently been released from jail. She asked for additional time to discuss the future of the house with him and decide if they want to demolish it themselves or rehabilitate it.
A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to require that the property be cleaned up with 30 days and to receive a staff report on the property at the February 19, 2008 city commission meeting; further, the consideration of the demolition of the property would be deferred until the March 24, 2008 meeting in which the property owner is required to appear and report to the Commission on her progress and future intentions for the property. Motion carried 5-0.

AYE: Schrzan, Holt, Mills, Young, Peterson
NAY: None

AGENDA ITEM NO. 8: Presentation by Chief Mathis, Shawnee Police Department, on animal control issues.

Police Chief Bill Mathis addressed the Commission regarding animal control issues. He stated that Shawnee Animal Control is changing their name to Shawnee Animal Welfare. Chief Mathis spoke of the Shawnee Animal Rescue Center (ARC) of Shawnee. This organization is made up of members of the police foundation, SPAR members, local veterinarians and citizens interested in evaluating the way animals are handled within the City. The group, along with city staff, is working toward establishing Shawnee as a “No-Kill” City. This would require stricter spray and neuter ordinances and also regulations on “puppy mills”.
At the current time, the Animal Shelter is understaffed with only three employees. In 2007, 2,221 animals were housed at the shelter; answered 3,779 calls, euthanized 1750 animals and collected $14,953 through adoptions and fees.
Chief Mathis also addressed the issue of trapping animals. He stated that a 1986 Ordinance which called for a $500 fine for trapping animals without using City provided traps was repealed in 2003. Chief Mathis stated that officers will pick up animals in other traps but stressed that, for safety reasons, animal welfare officers would prefer citizens use traps obtained from the Shelter. Approximately 20 traps are available and may be obtained with a $50.00 deposit from the Animal Shelter. Ideally, traps would be issued on Monday and returned by Thursday, at which time the deposit will be refunded.
In response to a question from Commissioner Holt, Chief Mathis stated that each patrol shift’s Watch Commander would have the authority to call out an animal welfare officer if needed.
In addressing the issue of vicious animals, the Chief stated that the ARC Group would be looking into ordinances regarding this. He further stated that 399 pit bull dogs had been pick up by Shawnee Animal Welfare officers in 2007.

AGENDA ITEM NO. 9: Consider an ordinance reducing the time animal control must hold unlicensed cats and dogs from three (3) working days to two (2) working days and allowing animal control to dispose of seriously injured animals or diseased and infectious animals as soon as possible.
The proposal was to reduce the time animal control must hold unlicensed cats and dogs from three working days to two working days. The ordinance also would allow animal control to dispose of seriously injured animals or diseased and infectious animals as soon as possible. However, due to some language in the ordinance, there was a concern that healthy animals along with the infectious or unadoptable animals would be euthanized.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to defer consideration of this item to allow the city attorney to re-worded the ordinance and presented it again at the February 19, 2008 commission meeting. Motion carried 5-0.

AYE: Schrzan, Young, Peterson, Holt, Mills
NAY: None

AGENDA ITEM NO. 10: Discuss and consider RFQ’s received for conducting an assessment of the Municipal Pool and options for the current pool and new facility ideas.

Park Superintendent James Bryce gave a brief summary of the Municipal Pool’s history and present condition. Mr. Bryce informed the city commission what it would take in order to open the pool this coming season.
1) Weld up the current holes in the sand filters
2) Fresh paint
3) Rework main drain cover
4) Rework the main drain valve
5) Repair eroded 2” copper pipe, refill sand under the pool deck, and re-pour concrete to fill the void
6) Obtain an inspection from the State Health Inspector

Mr. Bryce also stated he has received RFQ’s from four firms who determine the future needs:
1. JGV Engineering, Oklahoma City
2. Water Technology, Inc., Beaver Dam, WI
3. Water’s Edge Aquatic Design, Lenexa, KS
4. Paddock Pools, Oklahoma City

An interview will be arranged with each firm next week or in the near future. Mr. Bryce asked if any commissioner would like to be involved in the interview process and Commissioner Schrzan and Mayor Mills both volunteered.

AGENDA ITEM NO. 11: Consider a resolution of support for the return of one-half cent of the state sales tax to cities and towns.

Resolution No. 6325 was introduced and the title read aloud.

RESOLUTION NO. 6325 “A RESOLUTION OF THE CITY OF SHAWNEE TO SUPPORT THE RETURN OF ONE-HALF CENT ( ˝ cent) OF THE STATE SALES TAX TO CITIES AND TOWNS TO INVEST IN ROAD, BRIDGE, AND TRANSPORTATION IMPROVEMENTS”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the Title and Resolution No. 6325 be approved. Motion carried 5-0.

AYE: Peterson, Young, Holt, Schrzan, Mills
NAY: None

Thereupon Mayor Mills declared Resolution No. 6325 was duly passed and adopted.

AGENDA ITEM NO. 12: Discuss and consider RFQ’s for retail analysis and recruitment plan.

City Manager Jim Collard stated that he has prepared the RFQs and they are now ready to send out to firms that specialize in this service. It was also mentioned that Tecumseh and Pottawatomie County have expressed an interest in joining in this analysis.

ITEM NO. 13 TO BE CONSIDERED FOLLOWING ITEM NO 21

AGENDA ITEM NO. 14: Consider Bids:

a. Brush Pumper skid load unit mounted on an aluminum flat bed body. (Open)

Fire Chief Jimmy Gibson read the bids into record.

BIDDER AMOUNT

Chief Fire & Safety Co., Inc.
Chickasha, OK 73023 $37,496.00

1st Due Emergency Response Solutions, LLC $27,118.00


A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the bids for the Brush Pumper skid load unit mounted on an aluminum flat bed body be deferred to staff for review and recommendation at the February 4, 2008 meeting.

Motion carried 5-0.

AYE: Peterson, Schrzan, Mills, Young, Holt
NAY: None

AGENDA ITEM NO. 15: 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. 16: Administrative Reports

Under Administrative Reports, Chief Gibson reported that it would not be feasible to coincide the flushing of the fire hydrants because of the switch to chloramines with the flushing required for the Fire Department ISO rating.

Utility Director Jim Bierd reported that the City switched to chloramines today, and fire hydrant flushing would begin tomorrow morning.
Mr. Bierd also reported on the high Total Organic Carbon (TOC) quality of the water. This was caused by the large amount of rainfall received last spring and summer. Mr. Bierd said that the water poses no risk to citizens. An informational sheet will be sent to citizens in their water bills.

City Manager Collard brought up the issue of sidewalks and the lack of consistency in determining width. He expects to bring the issue back to the Commission for consideration in March, 2008.

AGENDA ITEM NO. 17: Consideration and possible action to enter into Executive Session to discuss the status of the employment of Corporal Patricia Swinney in light of the January 4, 2008, Arbitration Award and for the purpose of confidential communications with legal counsel concerning any potential legal claim or action relating to the January 4, 2008, Arbitration Award and Corporal Swinney’s pending lawsuit against the City (Swinney v. City of Shawnee, et al., Case No. CJ-07-1510, District Court, Pottawatomie County) upon the advice of legal counsel that public disclosure would materially impair the ability of the public body to act on such matters in the public interest, all as authorized by 25 O.S. §307(B)(1) and (4)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to recess the regular session meeting and enter into Executive Session. Motion carried 4-1.

AYE: Peterson, Holt, Mills, Young
NAY: Schrzan

AGENDA ITEM NO. 18: Consideration and possible action to enter into Executive Session to discuss status of negotiations with the IUPA, Local No. 3 for a Collective Bargaining Agreement for FY 2007-2008, including discussion of possible ballot language for the April 1, 2008, election, and for confidential communications with legal counsel regarding the Interest Arbitration Award and any claim(s) by IUPA, Local No. 3 thereunder upon advise of legal counsel that public disclosure would impair the ability of the public body to act on such matters in the public interest, all as authorized by 25 O.S. §§307(B)(2) and (4).

A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to enter into Executive Session to discuss status of negotiations with the IUPA, Local No. 3 for a Collective Bargaining Agreement for FY 2007-2008, including discussion of possible ballot language for the April 1, 2008, election, and for confidential communications with legal counsel regarding the Interest Arbitration Award and any claim(s) by IUPA, Local No. 3. Motion carried 4-1.

AYE: Young, Peterson, Holt, Mills
NAY: Schrzan

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:51 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 9:51 P.M. ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 19: Consideration and possible action on matters discussed in Executive Session regarding the employment status of Corporal Patricia Swinney and pending legal actions including possible authorization to address and resolve the same.

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, not to proceed with an appeal of the arbitration award and reinstate Cpl. Patricia Swinney to the Shawnee Police Department. Motion carried 5-0.

AYE: Schrzan, Young, Peterson, Holt, Mills
NAY: None

AGENDA ITEM NO. 20: Consideration and possible action on matters discussed in Executive Session regarding the status of a Collective Bargaining Agreement for FY 2007-2008 between the City of Shawnee and the I.U.P.A., Local No. 3, including discussion of ballot language, the pending public election and consideration and possible action on outstanding Articles in dispute for a Collective Bargaining Agreement between the City of Shawnee and the I.U.P.A., Local No. 3 for Fiscal Year 2007-2008.

No action was taken at this time regarding the status of a Collective Bargaining Agreement for FY 2007-2008 between the City of Shawnee and the I.U.P.A., Local No. 3.

AGENDA ITEM NO. 21: Consideration and possible action to authorize the City Manager to retain additional legal counsel to review the Arbitration Award involving the employment status of Corporal Patricia Swinney.

No action was taken at this time regarding retaining additional legal counsel to review arbitration award.

THE COMMISSION NOW CONSIDERS ITEM NO. 13

AGENDA ITEM NO. 13: Consider an ordinance calling for the holding of a special nonpartisan general election and general runoff election for the unexpired terms of City Commissioners for the Fourth Ward and Sixth Ward and establishing rules of conduct for said election.

An ordinance for the holding of a special nonpartisan general election and general runoff election for the unexpired terms of Ward IV and Ward VI was presented.

After due and careful consideration, Ordinance No. 2338NS was introduced and the title read aloud.

ORDINANCE NO. 2338NS ENTITLED “AN ORDINANCE CALLING AND PROVIDING FOR THE HOLDING OF A SPECIAL NONPARTISAN GENERAL AND GENERAL RUNOFF ELECTION IN THE CITY OF SHAWNEE, OKLAHOMA, FOR THE PURPOSE OF NOMINATING AND ELECTING CANDIDATES FOR THE UNEXPIRED TERMS OF THE OFFICES OF CITY COMMISSIONER OF THE FOURTH WARD AND CITY COMMISSIONER OF THE SIXTH WARD; ESTABLISHING A FILING PERIOD AND QUALIFICATIONS FOR SUCH OFFICES; DESIGNATING THE MANNER OF ELECTING THE CITY OFFICES NAMED HEREIN; PROVIDING FOR SAID ELECTION TO BE CONDUCTED BY THE POTTAWATOMIE COUNTY ELECTION BOARD; PROVIDING FOR VOTING BY ABSENTEE BALLOT; AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the Title and Sections 1-6, be approved. Motion carried 5-0.

AYE: Peterson, Schrzan, Mills, Young, Holt
NAY: None

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that Section 6, the emergency clause, be approved.
Motion carried 5-0.

AYE: Peterson, Schrzan, Mills, Young, Holt
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2338NS duly passed and adopted.

AGENDA ITEM NO. 22: Commissioners Comments

Under Commissioners Comments, Mayor Mills announced that the information regarding the Horse in the City Project can now be found on the City of Shawnee’s web site.
Mayor Mills also noted that Dr. Kirk Hoster presented him a check for $1,000 for the Shawnee Economic Development Foundation.

Vice Mayor Peterson asked about the progress on the audit and was informed that Crawford & Associates have not finished completely and that the audit firm M.H.M. was still working in-house. It will be provided to the Commission as soon as possible.

AGENDA ITEM NO. 23: 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. (9:58 p.m.)

AYE: Schrzan, Peterson, Holt, Mills, Young
NAY: None



_________________________
CHUCK MILLS, MAYOR

(SEAL)

ATTEST:

____________________________
PHYLLIS LOFTIS, CITY CLERK




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