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Date: 10/1/2007Board: City CommissionDocumentType: MinutesWeb Posted: 11/6/2007 11:20:01 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 1, 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, October 1, 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.

Chuck Mills
Mayor

Tom Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3

Timmy Young Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice
Mayor

ABSENT: Pam Stephens
Commissioner Ward 1

VACANT: Commissioner Ward 6

INVOCATION Acting Fire Chief Jimmy Gibson

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of minutes from the September 17 and September 24, 2007 meetings.

Before voting on the approval of minutes from the September 17 and September 24, 2007 minutes, Vice Mayor Peterson asked for corrections on Agenda Items No. 5 and No. 10.
Agenda Item No. 5 regarding City Manager’s presentation of Employee of the Month. The first sentence read that Mayor Mills made the presentation; this will be corrected to read that the City Manager made the presentation.
Under Agenda Item No. 10, the rezoning of property located at 9 W. Farrall to allow for the sale of beer and alcohol for off premise consumption, Vice Mayor Peterson requested that the explanation for the denial should also note that the requested use for the property is not consistent with the Dunbar Heights Revitalization Plan.

A motion was made by Commissioner Young, seconded by Commissioner O’Neal, to approve the minutes from the September 17 and September 24, 2007 meetings with noted corrections. Motion carried 4-0-1.

AYE: Young, O’Neal, Mills, Schrzan
NAY: None
ABSTAIN: Peterson

AGENDA ITEM NO. 2: Swearing in of Carl Holt, Ward 6 Commissioner, by Municipal Judge Robert H. Jones.

At the September 17th meeting, the Commission approved the appointment of Carl Holt to fill the unexpired term of Ward 6 Commissioner.
Municipal Judge Robert H. Jones conducted the swearing-in of Carl Holt as Ward 6 Commissioner to complete the term of Commissioner David Daugherty.
Commissioner Holt took his seat as Ward 6 City Commissioner.

AGENDA ITEM NO. 3: Consider approval of Agenda:

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve the Agenda as presented. Motion carried 6-0.

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

AGENDA ITEM NO. 4: 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 16.

b. Acknowledge the following reports and minutes:

• Sales Tax Report through September, 2007.

• Sister Cities Council minutes from August 14, 2007

• Airport Advisory minutes from August 15, 2007

• Civic and Cultural Development Authority minutes from August 16, 2007

• Shawnee Urban Renewal Authority minutes from September 5, 2007

c. Acknowledge Financial Statements and Auditor’s Report from Pioneer Library System for year ended June 30, 2007.

d. Acknowledge and accept a $100.00 donation from Mr. & Mrs. Clarence and Jeanne Mullins to the Shawnee Fire Department.

e. Approve Oklahoma Municipal Retirement Fund defined contribution refund to Reinee Vega.

f. Authorize staff to advertise for bids on mowing and debris removal on public nuisance properties.

g. Authorize staff to purchase through U. S. General Services Administration a “Use of Force Training Simulator” for the Police Department.

h. Mayor’s appointment:
Beautification Committee
Appoint Kaye Miller
Appoint Terri Clover

Housing Authority
Appoint Lauri Fluke to replace Gary Broussard and fulfill term to expire February 4, 2010

Before voting on the Consent Agenda, Vice Mayor Peterson requested that Consent Agenda Item No. 4(c) be pulled for separate consideration.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the Consent Agenda Item No. 4 (a-h), less (c). Motion carried 6-0.

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

Under Agenda Item No. 4 (c) regarding the Acknowledgement of Financial Statements and Auditor’s Report from Pioneer Library System for year ended June 30, 2007. Vice Mayor Peterson commented on the millage increase that the library is planning in the spring of 2008, if approved by the voters. The Vice Mayor requested city staff review the management letter to determine if this millage election is being planning for Pottawatomie County and, if so, what effect this would have on the city,

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the Consent Agenda Item 4(c) as presented. Motion carried 6-0.

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

AGENDA ITEM NO. 5: Mayor’s Proclamations:

“Stephanie Canada Day”
October 3, 2007
(accepted by Stephanie Canada)

“Fire Prevention Week”
October 7-13, 2007
(accepted by Jimmy Gibson)


“Lights on Afterschool! Day”
October 18, 2007
(accepted by Barbara Boise)

AGENDA ITEM NO. 6: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Under Citizens Participation, Jim Sims spoke of the sidewalk in front of University Baptist Church on Kickapoo Street. Mr. Sims stated that the sidewalk is too close to the street and is not safe. He suggested that future sidewalks on arterial streets be 48” wide with a 6-8” grass strip between the sidewalk and street.

Linda Agee, of the Shawnee Twin Lakes Association, had a question regarding a letter received by a lessee residing on a South School lake lot. The letter indicated that upon expiration of the resident’s current lease, the lease would be turned over to the School Land Commission. Ms. Agee asked if the City had made the decision to do this. City Manager Jim Collard assured her that no decision had been made by the City Commission regarding this issue. Mr. Collard said he would look into the matter further regarding the letter.

Ida Lou Morgan spoke regarding her appreciation for the Mayor, Commissioners and City staff. She also said she like the new polycarts.

Tom Smith spoke regarding two issues. The first was his disappointment that veterans groups were not informed when the new sign renaming Woodland Park to Woodland Veterans Park was erected. Mr. Smith said that veteran groups would have like to honor the change of signage with a formal park naming ceremony.

Mr. Smith also spoke regarding polycarts and said that commissioners needed to apologize to the citizens for the “polycart mess.”

AGENDA ITEM NO. 7: Consider progress made on improvements to property located at 1005 N. Union. (Owner: Annette Davis; Deferred from 8/06/07)

Mr. Lane Davis, son of the property owner, was present to answer questions from commissioners. Mr. Davis reported that a lot of clean-up work had been done and the property is currently listed with a Realtor. Mr. Davis asked for additional time for the property to sell. Mr. Mike Cox, city building inspector, stated that the property does still have some broken windows but is basically secure from outside elements. Mr. Cox added that in his opinion, the structure was worth rehabilitating.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to acknowledge the progress made to property located at 1005 N. Union and to grant a 90 day extension to allow for the sale of the property. Further, that in the event a contract for sale of the property is received before the expiration of the 90 day extension, this matter will be placed back on the agenda at that time. Motion carried 6-0.

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

AGENDA ITEM NO. 8: Consider progress made on improvements to property located at 707 N. Broadway. (Owner: Scott Timmons; Deferred from 8/06/07)

Construction is underway to change this property from a multi-family dwelling to a lower density property. Mr. Mike Cox, building inspector, stated that Mr. Timmons had remain in good contact with the Planning Department during all phases of construction.
Mr. Timmons was present and said that progress on the construction had slowed during the last two months due to a timing issue with a sub-contractor. Mr. Timmons outlined the progress he has made thus far and requested additional time to complete the project.
A motion was made by Commissioner Young, seconded by Commissioner Holt, to defer this item for 120 days . Motion carried 6-0.

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


AGENDA ITEM NO. 9: Discussion regarding garbage service in City of Shawnee.

Toni Gray, Assistant to the City Manager, gave Commissioners a report on complaints received by staff regarding Allied Waste and/or polycart issues. Ms. Gray stated that prior to polycart use, the City received approximately 5 complaints per day regarding garbage issues. When polycart use began, complaints increased markedly from August 1 through 20th, with the largest being 23 complaints received by the City in one day. The City has received a total of 293 customer complaints from July 1 through October 1, 2007. Ms. Gray said that at the current time, complaints have tapered off to almost pre-polycart numbers with approximately 7 complaints received per day. Most of the complaints were related to pick up issues and customers not receiving polycarts as quickly as they would like.
Ms. Gray stated that in some instances citizens are in violation of the contract by not following the rules and guidelines set forth for pick up.
In speaking with other cities regarding this matter, Ms. Gray stated that all seem to experience these same problems when polycarts were first introduced; however, the problems appear to smooth out after approximately three months.
Mr. Brent Bolles of Allied Waste was present to respond to questions from the Commission. Mr. Bolles said that Allied tries to deliver polycarts within three days. Mr. Bolles also stated that they would be hiring a local customer service representative to deal directly with problems in Shawnee.
Commissioner Young reminded residents that Allied cannot pick up old appliances or broken furniture. The City of Shawnee will provide pick up of large bulky items during the month of October. Each resident will be allowed, on one Wednesday pick up, to place such items on their curb for disposal.

AGENDA ITEM NO. 10: Discuss an amendment to Ordinance No. 2247NS regarding sidewalks. (Deferred from 9/17/07)

City Manager Jim Collard requests that this item be deferred in order to review information on best practices and to see how this issue fits within the context of the Development Code. He further stated that research regarding ADA requirements does not indicate a requirement for a 6’ width sidewalk.
It was the consensus of the Board to table this item for the reasons listed above. Until this matter is resolved, the City Manager will continue to use his interpretation when reviewing sidewalk issues.

AGENDA ITEM NO. 11: Consider a resolution authorizing the City Manager and Chief of Police to sell at public auction certain found and unclaimed personal property.

Resolution No. 6316 was introduced and read aloud.

RESOLUTION NO. 6316 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY TO BE UNCLAIMED PERSONAL PROPERTY OR PROPERTY WHOSE OWNERSHIP IS NOT SATISFACTORILY ESTABLISHED, THE SAME BEING IN POSSISSION OF THE CHIEF OF POLICE OF SHAWNEE, OKLAHOMA FOR MORE THAN SIX MONTHS; DESCRIBING SAID ITEMS OF PROPERTY; AUTHORIZING THE CITY MANAGER TO DELIVERE SAID ITEMS OF PERSONAL PROPERTY TO THE CHIEF OF POLICE FOR SALE FOR CASH AT PUBLIC AUCTION.”


A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Resolution No. 6316 be approved.
Motion carried 6-0.

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

Thereupon Mayor Mills declared Resolution No. 6316 duly passed and adopted.

AGENDA ITEM NO. 12: Consider a resolution declaring a 1984 GMC 1-ton dump flat bed truck surplus and transferring from City to Expo Center.

Resolution No. 6317 was introduced and read aloud.

RESOLUTION NO. 6317 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE TRANSFER OF SAID ITEMS TO THE SHAWNEE CIVIC AND CULTURAL DEVELOPMENT AUTHORITY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, that the Title and Resolution No. 6317 be approved.
Motion carried 6-0.

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

Thereupon Mayor Mills declared Resolution No. 6317 duly passed and adopted.

AGENDA ITEM NO. 13: Consider authorizing the City Manager to hire an engineer to make a comprehensive assessment of needs for the swimming pool in Woodland Veterans Park.

City Manager Jim Collard informed Commissioners of a recent meeting with Health Department officials regarding repairs and improvements needed at the municipal pool. Mr. Collard stated that Health Department officials have indicated that the needed improvements would not have to be completed at one time but could be phased in over several years. This would allow the city to budget annually for the improvements. Previously, it was believed that the Health Department would require all improvements to be made before the pool could be reopened next spring.
Mr. Collard, in an effort to determine the scope of the project as well as the costs involved, is requesting authority to hire an engineer or consultant to assess those issues.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to authorize the City Manager to spend up to his spending limit of $10,000 to hire a consultant to make a comprehensive assessment of needs for the pool in Woodland Veterans Park.


Motion carried 6-0.

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

AGENDA ITEM NO. 14: Discussion regarding priorities relating to major city projects. (Deferred from September 17, 2007)

Vice Mayor Peterson requested this item for discussion stating the importance of keeping major projects in front of Commissioners at all times. The Vice Mayor provided copies of a priority list of projects. She stressed these items were listed as a starting point for the discussion and were not listed in order of priority. Those items were Water, Regional Park, Drainage, Rate Study/Fee Assessment for Shawnee Municipal Authority, Land Use/Development Code, Economic Development and Code Enforcement.
Upon further discussion, commissioners agreed that each item should be considered separately and citizen input was important to determine the desired direction of the community.
Mayor Mills suggested public hearing sessions once a month to discuss these issues individually. The first priority issue for discussion will be regarding water.
City staff will determine a date, possibly during the second week of November, to set this public hearing.

AGENDA ITEM NO. 15: Consider acceptance of Linden Apartments public improvements, acceptance of sanitary sewer easement, and placing maintenance bonds into effect. (Deferred from September 4, 2007)

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve of Linden Apartments public improvements, acceptance of sanitary sewer easement, and placing maintenance bonds into effect. Motion carried 6-0.

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

AGENDA ITEM NO. 16: Consider Bids:

a. Country Club Lift Rehab (Award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to accept staff’s recommendation to award the bid for Country Club Lift Rehab to Ron Welcher Construction, in the amount of $188,790 as the lowest and best bid. Motion carried 6-0.

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

b. 40 X 60 X 12 Metal Building (Open)

Utility Director Jim Bierd requested that the bid be re-advertised. Due to an oversight, the notice to bidders for the metal building did not get published in the paper as required.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that the bids for the 40 X 60 X 12 Metal Building be deferred until published. Motion carried 6-0.

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

AGENDA ITEM NO. 17: 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. 18: Administrative Reports

Under Administrative Reports, City Manager Collard addressed several issues. His first topic was to request commission opinion regarding changing the Planning Commission meetings from afternoon to evening meetings. He also inquired regarding their opinion on televising the meetings. The commission agreed that the City Manager should proposed the meeting change to the Planning Commission, but did not see the need for televising the meetings.
The City Manager also addressed proposed changes to the City Commission chambers. The changes included placing staff and media at two separate tables, moving the podium to the center of the room facing the Commissioners and providing more lighting to the area.
Another report by the City Manager involved sign codes. He stated that staff and commissioners need to look at how sign codes fit in our community and stressed the need to clarify the issue.
Mr. Collard also reported on a meeting on this date with officials from the Department of Environmental Quality. He announced that DEQ was requiring the water plant lagoons be drained. Mr. Collard will bring this item back for discussion and/or action at a future meeting.
Police Chief William Mathis responded to questions regarding the new graffiti and social host ordinances. Mr. Mathis stated he felt that graffiti crime was down. He said it was too soon to assess the effects of the social host ordinance. Chief Mathis spoke further regarding the new grant awarded to Shawnee Police for the purchase of 54 tasers.
Commissioner Young asked City Clerk Phyllis Loftis about any collections received from the contract with American Municipal Services for the collection of old municipal court warrants. Ms. Loftis stated that old warrants prior to 1990 had been transferred to the collection service recently and subsequent years would be added in the future. More time is needed to assess the success of this collection contract.

AGENDA ITEM NO. 19: Commissioners Comments

Under Commissioners Comments, Mayor Mills thanked city staff for their help during the Centennial Celebration. He also noted the great crowds and great press coverage for the events. The Centennial horses will be placed in their locations in approximately one week. He also thanked everyone who participated in the parade.
Commissioner Holt thanked the City Manager and staff for their help and courtesy in preparation of assuming the Ward 6 commission seat.

AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Young, that the meeting be adjourned.
Motion carried 6-0. (9:00 p.m.)

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


_________________________
CHUCK MILLS, MAYOR
(SEAL)

ATTEST:

________________________________
PHYLLIS LOFTIS, CITY CLERK

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