BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 5, 2007 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, March 5, 2007 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.
Tom Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3
Timmy Young Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
Commissioner Ward 6
ABSENT: Pam Stephens
Commissioner Ward 1
INVOCATION Sandra Merchant
Unitarian Universalist Fellowship
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Commissioner Daugherty, seconded by Commissioner Young, to approve minutes from the February 20, 2007 meeting. Motion carried 6-0.
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the February 20, 2007 meeting.
b. Transfers of Appropriations in the General Fund.
c. Acknowledge the following reports and minutes:
* Financial Summary as of January 31, 2007
* Airport Advisory Board minutes from the January 17, 2007 meeting
* Sister Cities Council minutes from the January 9, 2007 meeting
d. Lakesite Lease Renewal:
Lot 18, Belcher Tract
e. Authorize the purchase of two police units from Riverside Auto Plex at the state purchase price of $28,297.00 each, plus $135.00 each for costs associated with decaling.
f. Authorize staff to submit a grant for Land and Water Conservation Funds.
g. Approve a resolution authorizing the Mayor to nominate Rebecca Cragin to the Oklahoma Municipal Assurance Group Board of Trustees for a three-year term commencing July 1, 2007.
h. Approve Workers’ Compensation settlement to Mike Adams in the amount of $21,675.00.
Before voting on the Consent Agenda, City Manager Jim Collard requested that Agenda Item No. 2(f) be pulled for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item No. 2(a-h, less f) as presented. Motion carried 6-0.
Under Consent Agenda Item No. 2(f) pertaining to applying for a grant from the Land and Water Conservation funds, Community Development Director Mike Southard gave the staff report.
He reported that the Tourism and Recreation Department administers a 50:50 grant that several cities have used to construct skate parks. The City has budgeted funds over the last two years totaling $70,000 to design and begin construction of the skate park. The intent at that time was for private donations and grants be obtained by the user groups.
Mr. Southard advised that to-date, the group has raised approximately $5,000 which is a small percentage of funds to help pay the anticipated construction cost; and staff was recommending to move forward with this project as a city project by submitting an application for a grant to the Land and Water Conservation Fund to help with construction cost.
The following is the breakdown of funding the skate park:
Cash FY06/07 $ 40,000
07/08 $145,000 90,000
Soft match 07/08 15,000
Total Project cost $290,000
The additional amount needed from next year’s budget would be an estimated $90,000.
The community development director also informed that the deadline for the grant application was April 6, 2007.
Upon discussion, concerns from the Commission included obligating $90,000 without seeing what the other capital project needs would be for the next fiscal year and possibly factoring in a phase-in process for the construction of the skate park.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to authorize staff to apply for the Land and Water Conservation grant at a funding level of $100,000. Motion carried 6-0.
AYE: Peterson, Daugherty, Schrzan, O’Neal, Mills, Young
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)(A twelve minute limit per topic)
Under Citizens Participation, several spoke to the Shawnee Lake issues. Ms. Linda Agee commented on Agenda Item No. 6 regarding consideration of new construction at Shawnee Twin Lakes.
Mr. Gary Jenkins, Fred Hawk, and Keith McBroom voiced concens about the water situation.
On another subject, Mr. Wendell Johnson made comments about his discontent with Police Chief Mathis and the Police Department.
AGENDA ITEM NO. 4: Mayor’s Presentation:
Presentation of Resolution of Appreciation to Ruthie Christian for over 15 years of loyal service to the City of Shawnee.
Mayor Mills presented a Resolution of Appreciation to Ruthie Christian for 15 years of loyal service to the City of Shawnee.
Resolution No. 6293 was introduced and the title read aloud.
RESOLUTION NO. 6293 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO RUTHIE CHRISTIAN FOR OVER 15 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 RUTHIE CHRISTIAN.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the Title and Resolution No. 6293 be approved.
Motion carried 6-0.
AYE: Peterson, Daugherty, Schrzan, O’Neal, Mills, Young
Thereupon Mayor Mills declared Resolution No. 6293 duly passed and adopted.
AGENDA ITEM NO. 5: Presentation by Gordonna Rowell regarding Shawnee Convention and Visitors Bureau.
Ms. Gordonna Rowell, Director of the Shawnee Convention and Visitors Bureau (SCVB), gave the Annual Report for the SCVB for fiscal year 2006.
She highlighted the areas of marketing and advertising, promotional materials, event support, the lodging trends, and goals and objectives.
The SCVB promoted Shawnee as a destination for meetings, conventions, events and leisure travelers through paid advertising. A hospitality committee was formed that produced a high-quality coupon book for guests lodging in Shawnee local hotels to encourage them to explore the Shawnee community and what it has to offer.
Ms. Rowell reported that Shawnee’s lodging occupancy rate for 2006 was 73.7%, which faired better than the national average rate at 63.4%.
Concluding, Ms. Rowell thanked the City of Shawnee for being an active partner with other organizations for the growth and success for the Shawnee community.
AGENDA ITEM NO. 6: Consider new construction at Shawnee Twin Lakes. (Deferred from 12/4/06)
In consideration of Commissioner Stephens’ absence and her request to defer this item to another meeting, the following motion was made.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that consideration of new construction at the Shawnee Twin Lakes be deferred to the April 2, 2007 meeting.
AGENDA ITEM NO. 7: Acknowledge beginning of payments to BancFirst pursuant to the Lease Agreement of December 16, 2002 in reference to the loan default by Oklahoma Jet Works. The City guaranteed a twelve-month payment stream of $4,691.08, capped at $56,293. (Deferred from 2/20/07)
Upon the request of Mr. D. Neal Martin, attorney for Oklahoma Jet Works, Inc., this item was deferred from the last City Commission meeting.
Since then, nothing has transpired to change this situation.
Therefore, the Commission acknowledged that payments to BancFirst from the City will begin pursuant to the lease agreement dated December 16, 2002, in reference to the loan default by Oklahoma Jet Works, Inc. The City has guaranteed a twelve-month payment of $4,691.08, capped at $56,293.
In response to questions by the Commission, Mr. Marion McMillian on behalf of BancFirst and Mr. Neal Martin, attorney for Oklahoma Jet Works, Inc. were present to answer questions.
No further action was required by the Commission.
AGENDA ITEM NO. 8: Consider recommendation from the Airport Advisory Board to approve request from Jason Skillern and Brian Thompson to add paintball fields to their Slide and Grind Sk8 Shack LLC operation.
Assistant Airport Manager Jerry Sharp informed the Commission that the Airport Advisory Board was recommending approval of the request from the current lessee, Slide and Grind Sk8 Shack LLC, to add a paintball field to their current operations provided the terms of the contract are met.
Mr. Jason Skillern and Brian Thompson, owners, appeared before the Commission to explain how the game is played, the operations of the sport, and its safety factors.
The Commission directed staff to come back to the Commission with a contract for consideration at the next meeting.
AGENDA ITEM NO. 9: Consider a resolution declaring miscellaneous kitchen equipment from the Army Reserve Building surplus and authorize selling said equipment by sealed bids.
City Manager Jim Collard requested that this item be deferred to the next meeting.
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to defer consideration of a resolution declaring miscellaneous kitchen equipment from the Army Reserve Building surplus and authorize selling said equipment by sealed bids to the March 19, 2007 meeting. Motion carried 6-0.
AGENDA ITEM NO. 10: Consider Mary Murphy’s appeal of Administrative Hearing Officer’s order of demolition on property located at 1220 E. Alice.
Community Development Director Mike Southard gave the staff report regarding the order to demolish the structure located at 1220 E. Alice. He reported that three hearings were held on this property and staff has made efforts to work with Ms. Murphy. Since there has not been sufficient progress, a final demolition order was given for completion by April 30, 2007.
Ms. Mary Murphy, owner of property, appeared before the Commission to appeal the Administrative Hearing Officer’s order. She stated that family members were helping to remove the trash and debris on the property and she requested more time to clean up the property and repair the house.
After discussion a motion was made by Commissioner Young, seconded by Commissioner Schrzan, to extend review of property to the April 2, 2007 City Commission meeting with the debris removal to be completed and that a financial plan on renovation of the house be presented. Motion carried 6-0.
AGENDA ITEM NO. 11: Consider approval of Centennial Commission’s recommendations pertaining to fund raising and itinerary.
Ms. Beverly Mosman, Centennial Planning Committee Co-Chair, presented for approval the event schedule and funding package on potential sponsors for the September 21-22, 2007 Oklahoma State Centennial Celebration in Shawnee.
Staff member Mike Southard informed that a $20,000 grant had been received from the State for the event, but more funding would be needed for the basic operations of printing brochures, purchasing banners, etc.
Since there was not an official budget, it was recommended by staff and agreed by the Commission that all financial mechanisms needed to go through Mr. Southard’s office in order for the City to have accountability for auditing purposes.
Upon discussion, the Commission was in agreement that the City should make a monetary contribution in addition to staff time since Shawnee was an official Centennial city designated by the State.
After checking with City Treasurer Cragin, it was suggested that the interest income to the General Fund could be used.
A motion was made by Commissioner Daugherty, seconded by Commissioner O’Neal, to approve the Centennial Celebration event schedule and financial package and accept staff’s recommendation to donate $5,000 for start up funds from the City of Shawnee. Motion carried 6-0.
AGENDA ITEM NO. 12: Consider a frequency reconfiguration agreement with Nextel West Corporation.
Emergency Management Director Don Lynch gave the staff report regarding the authorization by the Commission to negotiate an agreement with Nextel on rebanding the City’s 800 MHz radio system. An acceptable agreement has been worked out and staff recommended for approval.
Mr. Lynch informed the Commission that the City would be cost neutral and all labor and materials would be at Nextel’s expense.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to accept staff’s recommendation to approve the Frequency Configuration agreement with Nextel West Corporation. Motion carried 6-0.
AGENDA ITEM NO. 13: Consider acceptance of Shawnee Lake No. 1 Rehab Project and placing maintenance bonds into effect.
City Engineer John Krywicki reported that the project on the Lake No. 1 Rehab project had been completed and staff was recommending approval of final payment and project approval.
He informed that the original cost of the project was $134,800, and the total final cost was $152,800 with the additional $18,000 for Change Order No.1 that entailed fabrication and installation of three bar and screens over the 24” intakes.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to accept Shawnee Lake No. 1 Rehab Project with final payment to Ratliff Construction, the contractor, and placing maintenance bonds into effect. Motion carried 6-0.
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
Under Administrative Reports, City Treasurer Becky Cragin reported on converting the city attorney and municipal judge from independent contractors to salaried employees of the City in accordance with the Internal Revenue Service’s recent ruling. It was decided that this item would need to be put on the next meeting agenda to address increase in salary for benefit payments as requested by the municipal judge.
City Engineer John Krywicki reported that an agreement had been met with the Sac and Fox Nation regarding their partnership with the City to get Westech Road improved. The agreement will be presented at the next meeting.
Assistant Airport Manager Jerry Sharp reported that staff was getting bids on the demolition and removal of the Tako building. In the meantime, Mayor Mills requested that the graffiti be painted over since the City needs to adhere to its rules about graffiti cleanup.
AGENDA ITEM NO. 16: Commissioners Comments
Under Commissioners Comments, the Commissioners expressed their appreciation to Utility Director Afsaneh Jabbar on her accomplishments made while employed with the City of Shawnee. Ms. Jabbar has elected to move on in her career.
Mayor Mills congratulated the Shawnee High School boys basketball team for going to state playoffs (after 21 years) where they will be playing at Norman High School on Thursday night and he encouraged the community to support the team.
Vice Mayor Peterson reported that she had participated in a forum of learning about the hardships of “poverty” and its effects. The event was well attended and she encouraged others to attend the next event that will be held on March 12 from 8:30 a.m. to 3:00 p.m. at Gordon Cooper Technology Center.
AGENDA ITEM NO. 17: 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 5-1. (9:39 p.m.)
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