Date: 10/20/2008Board: City CommissionDocumentType: MinutesWeb Posted: 11/4/2008 3:02:41 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

OCTOBER 20, 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, Monday, October 20, 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

Pam Stephens Tom Schrzan
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT:

INVOCATION REV. DAVID HENRY
CALVARY BAPTIST CHURCH
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to pull Agenda Items No. 8 & 9 to be considered after Agenda Item No. 6. Agenda Item No. 7 will be considered after Agenda Item No. 9. Motion carried 7-0.

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


AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the October 6, 2008 meeting.

b. Supplemental Budget Amendment to Capital Improvement Fund 301

c. Acknowledge the following reports and minutes:


• Shawnee Beautification Committee minutes from September 1, 2008
• Shawnee Urban Renewal Authority minutes from September 3, 2008
• Sister Cities Council minutes from September 9, 2008
• License Payment report for September 1-30, 2008
• Project Payment report for September 1-30, 2008
• Sales Tax Report through October 2008

d. Acknowledge resignation of Glen Hanson from the Shawnee Hospital Authority term to expire September 30, 2010; no replacement named at this time.

e. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Don Gregory Meadows.

f. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Daniel Conner.

g. Acknowledge Pioneer Library System Financial Statements and Auditors’ Report for year ended June 30, 2008.

h. Acknowledge receipt of DEQ water line permit (WL000063080614) issued for Bryan Street Mini Storage.

i. Mayor’s appointment of C. L. Craig to the Oklahoma Baptist University Authority to fill the unexpired term of John Patterson; term to expire August 1, 2009.

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Consent Agenda No. 2(a-i), as presented. Motion carried 7-0.

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

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

James Harrod addressed the location of the Regional Sports Park. Mr. Harrod would like to see the park located on land that is visible from I-40 or Highway 177. He feels the North Airport property is too far.

Tim Barrick representing little league coaches would like to see the sports park completed now and not be delayed any further.

Scott Warren also wants the sports park completed now. He doesn’t feel the North Airport property is too far, he thinks it would be a good choice.

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

“National Business Women’s Week”
October 20-24, 2008
(accepted by Interim City Manager Phyllis Loftis in behalf of National Business Women’s Association )

“Red Ribbon Week”
October 23-31, 2008
(accepted by Candie Swinney)

“Career Development Month
October 2008
(no one present to accept)

Presentation of resolution of appreciation to Bobby Woolf for over seven years of service to the City of Shawnee.


Resolution No. 6337 was introduced and the title read aloud.

RESOLUTION NO. 6337 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO BOBBY WOOLF FOR OVER 7 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO BOBBY WOOLF.”

A motion was made by Commissioner Peterson, seconded by Commissioner Collier, that the Title and Resolution No. 6337 be approved. Motion carried 7-0.

AYE: Peterson, Collier, Holt, Stephens, Schrzan, O’Neal, Mills
NAY:

Thereupon Mayor Mills declared Resolution No. 6337 duly passed and adopted.

Bobby Woolf was present to accept the resolution.


AGENDA ITEM NO. 5: Presentation by Steve Hatfield of the final Trails Master Plan

Steve Hatfield of Howell and VanCuren gave a power point presentation showing the areas suggested for trails to connect the community to work, schools and shopping areas around the City of Shawnee. There are many streets wide enough for bike and walking lanes. Proper signage to direct people to the trails and lanes are important. The lanes and trail will be used if they can be identified. The plan is flexible and can be completed in stages with changes as the demographics of the community change.

AGENDA ITEM NO. 6: Public hearing and consider approval of the Shawnee Trails Master Plan amending the Comprehensive Plan. (Deferred from October 6, 2008)
Mayor Mills declared a public hearing in session to consider the Shawnee Trails Master Plan.
Community Development Director Justin Erickson gave the report noting that the Planning Commission is supportive of the plan but not asking for any funding at this time. Grants can be applied for sidewalks and trails so it should not be a choice between having a sidewalk or a trail. There are different funding sources for both. Mr. Erickson also answered the question pertaining to how aggressive the Planning Commission is going to be on obtaining grants for funding. Mr. Erickson stated that every department should be aggressive in applying for grants. Vice Mayor Stephens stated department heads from every department should be held accountable for pursuing grants and funding. Commissioner Peterson stated the data has been accumulated and priorities can be set so that when funding is available, we would be able to act.

Chris Parks wants to see the plan put into use, not let it sit on a shelf. He feels trails are critical to the growth of Shawnee.

Jan Tipton addressed the trails as a way for families to spend time together and the health issue of exercise for the family. She feels it also bonds the family together and is an important step in keeping kids out of trouble.

A motion was made by Commissioner Holt, seconded by Commissioner Peterson, to approve the Shawnee Trails Master Plan. Motion carried 7-0.

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

THE COMMISSION DEVIATE FROM THE FORMAL WRITTEN AGENDA

AGENDA ITEM NO. 8: Reconsider final vote taken at October 6, 2008 City Commission meeting regarding a resolution of support for the rail transit system.

A motion was made by Mayor Mills, seconded by Commissioner Schrzan, to reconsider final vote taken at October 6, 2008 City Commission meeting regarding a resolution of support for the rail transit system. Motion carried 6-1.

AYE: Mills, Schrzan, O’Neal, Collier, Peterson, Stephens
NAY: Holt

AGENDA ITEM NO. 9: Discuss and consider a resolution of support for the rail transit system.
Phil Tomlinson with the Oklahoma Department of Transportation (ODOT) spoke to explain that all alternates have been explored and any shift in the I-40 cross town exchange will have adverse effects on Little Flower Church and the Latino community. Great effort was made to preserve these areas. Also, the Union Station will be left with one track and the possibility of two slip tracks for the future. Mr. Tomlinson also stated, shifting the cross town exchange will cause a delay of five to eight years and an additional $240 million in cost.

David Streb, ODOT Director of Engineering, stated the project started twelve years ago, in January 1996, looking for the best location. ODOT has brought Amtrak back to Oklahoma and it is being served by Santa Fe depot downtown Oklahoma City. The Union Station building in not being touched. ODOT has spent $60 million in railroad improvements and is starting a new 25 year plan and they expect rail service to be a high priority. ODOT is committed to working with Shawnee for their transportation needs. Mr. Streb wants Shawnee on the side of ODOT.

Commissioner Holt stated he doesn’t want to lose the opportunity for passenger service because we don’t support the Union Station and the moving of the cross town exchange.

Mayor Mills wants to make sure rails are a high priority for passenger service and freight. Our citizens are demanding this service. He felt the resolution was a harmless support of rail service for the future.

Dan Overland, Chairman of the Highway Commission, knows the rails west of Shawnee need work, but the cross town bridges are becoming more dangerous and the redesign of the cross town exchange would delay the replacement of these bridges. Mr. Overland stated the resolution seems harmless, but you need the right data to make a decision in support of the resolution.

Commissioner Peterson stated Shawnee freight users were afraid of their service being impacted by I-40 re-alignment. She appreciates ODOT letting us know about the problems with the resolution.

Mayor Mills had information that another city was considering a different resolution of support referring the request to ODOT rather than the governor’s office. He also stated that freight rail service is very important here in Shawnee – a huge issue for us.

Charles Westner, representing OnTrak, spoke in favor of supporting the resolution as passed. He stated the options offered by OnTrak were never considered in the planning for the re-alignment of the I-40 cross town. This group has been actively involved in trying to save the space around Union Station for rail service the entire twelve years since the process started. They have not been able to get press releases printed or any publicity for their suggested option. Mr. Westner feels the ODOT estimate of extra time and money to change at this date is extremely off the map and overestimated. If Union Station cannot have the space needed to become a hub, there will be no east/west rail service available only north/south from Oklahoma City.

Shawna Turner spoke in favor of the resolution stating she is not for ODOT or the OnTrak group but for the City of Shawnee transportation needs.

Jim Townsend spoke in favor of the resolution stating rail service for freight and passenger is vital to the City of Shawnee and the tracks to/from Shawnee are badly in need of repair. He would like to see ODOT become more concerned with the railways, not just the highways.

A motion was made by Commissioner Schrzan, seconded by Mayor Mills, that the resolution be repealed and a public hearing be set. Motion failed 2-5.

AYE: Schrzan, Mills
NAY: Collier, Peterson, Holt, Stephens, O’Neal

No further action was taken at this time.

AGENDA ITEM NO. 7: Discuss and consider location of Regional Sports Park and Phase I development.

City Engineer John Krywicki gave a power point presentation showing the original plans for the Regional Park being located at the north airport property. He, also, presented a scaled down version of those plans to reduce the cost to an amount closer to the funds we have budgeted and retained for the Regional Sports Park.

Vice-Mayor Stephens is concerned about the police firing range being located on the same property. She does not feel that we should be making any decision on this location until everyone is satisfied that the location will be safe for everyone using the fields.

Commissioner Schrzan thinks the location is too far outside the city. He would like to try, once again, to secure a location from the School Land Commission or St. Gregory’s property. Commissioner Schrzan feels either would be a viable solution to location. The gun range is, also, a prime concern.

Interim Director of Operations/ Parks Superintendent James Bryce reported there is a grant outstanding for the Regional Sports Park that expires in December with an option to renew. In order to renew the grant, we must have the land.

Commissioner Peterson questioned whether staff should continue working on the plans for the north airport property if there is a question about this being the final location for the Regional Sports Park.

Commissioner Schrzan noted that a decision couldn’t be made in the last four years, so how can one be made in the next two weeks.

Commissioner Peterson requested staff investigate the safety of this area and how much money would be needed to insure safety around the gun range.

Motion was made by Commissioner Peterson, seconded by Commissioner Holt to direct staff to review safety options of the firing rang should activity increase south and east of the firing range. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY:

CITY COMMISSION NOW RETURNS TO THE FORMAL AGENDA

AGENDA ITEM NO. 10: Committee report on city manager application review with commission discussion and possible action relating to said report.

Vice-Mayor Stephens reported the Human Resource Department has begun background checks and it could take several weeks to complete. Telephone interviews will be scheduled for next week with the eight applicants, if possible.

AGENDA ITEM NO. 11: Discuss and consider issuing a Request for Proposal for hiring a city manager search firm.

No action was taken at this time.

AGENDA ITEM NO. 12: Consider an ordinance repealing Article V of Chapter 13 of the Code of the City of Shawnee relating to repairing, recharging and servicing fire extinguishers.

Ordinance No. 2374NS was introduced and read aloud.

ORDINANCE NO. 2374NS ENTITLED “AN ORDINANCE RELATING TO REPAIRING, RECHARGING AND SERVICING FIRE EXTINGUISHERS, REPEALING SECTIONS 13-166, 13-167, 13-168 13-169 13-170 AND 13-171, ARTICLE V OF CHAPTER 13 OF THE CODE OF THE CITY OF SHAWNEE; REPEALING THE TITLE OF ARTICLE V OF CHAPTER 13 OF THE CODE OF THE CITY OF SHAWNEE; CREATING AN UNTITLED ARTICLE V, CHAPTER 13 OF THE CODE OF THE CITY OF SHAWNEE WITH SECTIONS 13-166 THROUGH 13-200 RESERVED; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, that the Title and Ordinance No. 2374NS be approved. Motion carried 7-0.

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

The emergency clause was not voted on.

Thereupon Mayor Mills declared Ordinance No. 2374NS duly passed and adopted.

AGENDA ITEM NO. 13: Discuss and consider agreement between the City of Shawnee and Jinchang City of the People’s Republic of China on establishment of friendship city relationship.

A motion was made by Mayor Mills, seconded by Commissioner Peterson, to approve agreement between the City of Shawnee and Jinchang City of the People’s Republic of China on establishment of friendship city relationship. Motion carried 7-0.

AYE: Mills, Peterson, Holt, Stephens, Schrzan, O’Neal, Collier
NAY: None
AGENDA ITEM NO. 14: Consider a resolution in support of the agreement to establish a Sister City affiliation between Jinchang City, Gansu Province, People’s Republic of China and the City of Shawnee, Oklahoma.


Resolution No. 6339 was introduced and read aloud.

RESOLUTION NO. 6339 ENTITLED “A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA IN SUPPORT OF THE AGREEMENT TO ESTABLISH A SISTER CITY AFFILIATION BETWEEN JINCHANG CITY, GANSU PROVINCE, PEOPLE’S REPUBLIC OF CHINA AND THE CITY OF SHAWNEE.”

A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, that the Title and Resolution No. 6339 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6339 duly passed and adopted.

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

Interim City Manager Phyllis Loftis announced James Bryce is now the Interim Director of Operations and over Central Garage, Building Maintenance and Janitorial Service at City Hall. Steve Nolen and Lisa Moody will be accepting the duties associated with Channel 30 programming.

AGENDA ITEM NO. 17: Commissioners Comments

Mayor Mills commented on how much he will miss Toni Gray and wished her well in her new career in Alaska. He feels she was an anchor for so many people at City Hall and in the community. Mayor Mills, also, announced the delegation from Jinchang City, People’s Republic of China will be in Shawnee on October 29 and 30 to sign the sister city agreement. He will be sending information to the other commissioners regarding an itinerary of activities.

Commissioner Peterson would like for staff to review procedures for letting people know they are on the agenda for a commission meeting.

Commissioner O’Neal questioned comments made earlier in the meeting on Dunbar Heights area and the misunderstanding was addressed.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Peterson, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 7-0. (9:55 p.m.)

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

_________________________
CHUCK MILLS,
MAYOR
(SEAL)

ATTEST:

DONNA MAYO,
ACTING CITY CLERK

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