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Date: 11/5/2007Board: City CommissionDocumentType: MinutesWeb Posted: 11/20/2007 1:09:45 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 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, November 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.

Chuck Mills
Mayor

Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4

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

ABSENT: None

INVOCATION Reverend Tim Youmans
First Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

In consideration of the Agenda, City Attorney John Canavan asked that Agenda Item No. 15, Executive Session, be pulled and placed on the November 19, 2007 meeting agenda.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the remainder of the agenda and to approve deferral of the Executive Session to the November 19, 2007 meeting.


Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, 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. 12.

b. Minutes from the October 8, October 15, and October 22, 2007 meetings.

c. Budget Amendment in General Fund.

d. Transfer of Appropriations in the General Fund.

e. Acknowledge the following reports and minutes:

• Shawnee Urban Renewal Authority minutes from
September 18, 2007

• Shawnee Civic and Cultural Development Authority from October 9, 2007

• Airport Advisory Board minutes from September 19, 2007

• Traffic Commission minutes from September 25, 2007

• License Payment Report from April 1 – September 30, 2007

• Project Payment Report from April 1 – September 30, 2007

• Sales Tax Report through October 2007

f. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined contribution plan for Brandy Smith.

g. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined contribution plan for Cynthia Ring.

h. Acknowledge information on quotes received for emergency crane repair at the water treatment plant. Confirmed emergency status at October 22, 2007 meeting.

i. Authorize staff to apply for sub-grant of Emergency Management Performance Grant funds from Oklahoma Department of Emergency Management.

j. Approve mortgage of leasehold interest of Shawnee Lake Hart Tract, Lots 14 & 15 to First United Bank with reservation of city right of approval of transfer.

k. Lakesite Leases:

Renewal:
Lot 5, Coffman

D. Thole & J. Thole

Transfers:
Lot 5, Coffman

To: W. Holloway
From: D. Thole & J. Thole

Lot 2, Belcher Tract

To: D. Tibbs
From: N. Beavers

l. Traffic Commission Recommendations from their September 25, 2007 meeting.

1. Consideration of request from Irma Ramirez, 1902 E. 10th, Shawnee, OK, 674801 to install stop signs at the intersection of 10th Street and Tenbrook to make intersection a 4-way stop.

RECOMMENDATION: Board recommends to deny request.

2. Consideration of request from Vera Walker, 1220 E. Faye, Shawnee, OK, 74801 to install a street light in front of their house or in that area.

RECOMMENDATION: Board recommends to approve request.

3. Consideration of homeowner’s request to install more street lights in the Jefferson Circle area.

RECOMMENDATION: Board recommends to approve request.

4. Consideration of Staff’s request to install street lights on Airport Drive.

RECOMMENDATION: Board recommends to approve request.

5. Consideration of Staff’s request to install lighting for safety consideration on jogging/pedestrian facilities around airport.

RECOMMENDATION: Board recommends to defer request until the Trails Master Plan study is completed.

6. Consider request from Grove School to improve school zone signage at Grove School.

RECOMMENDATION: Board recommends to approve request.

7. Consideration of request from J. B. Pena, 607 N. Bonita, Shawnee, OK, 74801, to install children playing signs in the area of Highland/Bonita/Ridgewood.

RECOMMENDATION: Board recommends to defer request for further review.

8. Consideration of request from Ronnie Pelate, 606 South Pottenger, Shawnee, OK, 74801, to install children playing signs in the 600 block of South Pottenger.

RECOMMENDATION: Board recommends to deny request.

m. Approve YMCA request regarding naming ball field at Milstead Park, “Don Loftis Field”.

n. Approve Housing Authority Contract for the provision of supplemental police services.

o. Authorize out-of-state travel for Sgt. Mason Wilson and Sgt. Rod Taylor to attend the “Basic Police Supervision Course” in Plano, TX, from December 10-14, 2007.

p. Authorize staff to advertise for bids on a Total Organic Carbon (TOC) analyzer for the water treatment plant.

q. Mayor’s Appointments:

Beautification Committee

Appoint Carl Holt to replace Thomas Schrzan
Appoint Tom Claybrook as citizen participant

Before voting on the Consent Agenda, it was requested that Consent Agenda Items No. 2(b), and 2(j), be pulled for separated consideration.

A motion was made by Commissioner Holt, seconded by Commissioner Stephens, to approve Consent Agenda Item No. 2(a-q), less 2(b) and ( j), as presented. Motion carried 7-0.

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

Under Agenda Item No. 2(b) concerning the minutes from the October 8, 2007 special call meeting, Vice-Mayor Peterson requested that the wording, as it relates to the proposed contract terms with Acorn Growth Group, be changed to reflect that Acorn will assume 100% of the lease payment the third year. The term “lease payment” replaces the word “debt” in the original minutes.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the minutes, with the noted correction, as presented. Motion carried 7-0.

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

Under Agenda Item No. 2(j) concerning the mortgage of leasehold interest of Shawnee Lake Hart Tract, Lots 14 & 15 to First United Bank with reservation of city right of approval of transfer, Vice-Mayor Peterson questioned City Attorney John Canavan regarding this item. Mr. Canavan explained the leasehold interest includes the encumbrance of the five-year leasehold and explained the paragraph added that gives the City the right to approve any and all transfers. He further explained that a potential foreclosure of this lease would be handled like any other lease.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Agenda Item No. 2(j) as presented. Motion carried 7-0.

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

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

Under Citizens Participation, Mr. Joel Slagtand, 226 S. Draper, spoke regarding a recent problem he had experienced at Boy Scout Park. He indicated that while he was trying to use the basketball court at the park, a group of juveniles began misusing the basketball court. Upon police arriving on the scene he was informed that there was nothing they could do to remedy the situation. Mr. Slagtand requested that this matter be looked into and that signs be placed at the park warning against misuse of the basketball court. City Manager Jim Collard stated that he would look into the situation.

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

Proclamation:
“America Recycles Month”
November 2007
(accepted by Cody Deem)

“Camp Benedictine Day”
November 9, 2007
(accepted by Father Paul Zahler)

“Henry and Evon Kralik Day”
November 15, 2007
(accepted by Henry and Evon Kralik)

Presentation to Shawnee Police Department Corporal Steve Leader for Officer of the Quarter.

Chief Bill Mathis presented a plague and a centennial coin to Cpl. Steve Leader, as the November officer of the quarter, in recognition of his excellent service and dedication to the City of Shawnee. Mr. Leader was present to accept.

AGENDA ITEM NO. 5: Presentation by KMA Design regarding Wayfinding signage.

Ms. Barbara Martin and Mr. David Cossick of KMA Design presented a power-point presentation showing their concept for the City of Shawnee as it relates to the addition of signage within the City, to assist visitors in locating destinations. The Wayfinding Study divides the city into five districts: Gateway, Enterprise, Pioneer, Downtown and Heritage. The signage located in each district will be color coded differently to distinctly identify each district of the City.
The signs will include Trailblazing directional signs, Destination signs and Gateway signs. Also proposed is large “Shawnee” signs attached to an overpass on Interstate 40 and above the MacArthur Street tunnel.
Commissioner Stephens felt that these signs should not promote private businesses, and should be limited to public destinations. She was informed that KMA had compiled a list of 44 local destinations for the Commission to review.
Mayor Mills related that the Convention and Visitors Bureau had donated $10,000 toward this initial study and would be donating $100,000 for the signage.
Commissioner O’Neal asked about signage in her ward and stressed that destinations in this area be included.
The estimated cost of this project is approximately $300,000, with the City phasing in the total project over a three-year period.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to approve the Nullification & Vacate of The Bridges, Block 2, Lots 1-6.

Mayor Mills declared a public hearing in session to consider an ordinance to approve the Nullification & Vacate of The Bridges, Block 2, Lots 1-6.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the ordinance.
Nancy NcNayr gave the staff report and it was noted that Allegiance Communications of Oklahoma, AT&T, Oklahoma Natural Gas, and Oklahoma Gas and Electric, have no objection to the City Commission vacating and nullifying all of Block 2, Lots 1-6.
There were no formal written protests that had been filed. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2331NS was introduced and the title read aloud.

ORDINANCE NO. 2331NS ENTITLED “AN ORDINANCE VACATING AND NULLIFYING ALL OF LOTS 1 THROUGH 6, BLOCK 2, OF THE BRIDGES, AT SHAWNEE COUNTRY CLUB, IN SECTION SIXTEEN, TOWNSHIP TEN NORTH, RANGE FOUR EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; SPECIFICALLY DESCRIBING SAID PROPERTY; AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Young, seconded by Commissioner O’Neal, to approve the Nullification & Vacate of The Bridges, Block 2, Lots 1-6.


Motion carried 7-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Emergency Clause be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2331NS duly passed and adopted.

AGENDA ITEM NO. 7: Consider approval of the Final Plat for The Bridges III Cottages Addition and acceptance of dedications.

Staff report was given by Nancy McNayr. A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to approve the Final Plat for The Bridges III Cottages Addition and acceptance of dedications. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider a resolution declaring certain shotgun barrels surplus property and authorizing staff to use this surplus property as trade-in on replacement shotgun barrels.

Resolution No. 6318 was introduced and the title read aloud.

RESOLUTION NO. 6318 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING STAFF TO PROCEED WITH TRADE-IN OF SAID PROPERTY TO BE APPLIED TOWARD SHOTGUN BARREL PURCHASE.”

Chief Mathis explained this request, stating that the surplus items will be used as trade-in toward the purchase of new shotgun barrels. A motion was made by Commissioner Holt, seconded by Commissioner Stephens, that the Title and Resolution No. 6318 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6318 duly passed and adopted.

AGENDA ITEM NO. 9: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined Contribution Plan for Julious Coleman.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined Contribution Plan for Julious Coleman. Motion carried 6-0.

COMMISSIONER SCHRZAN NOT PRESENT DURING VOTE

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

COMMISSIONER SCHRZAN NOW PRESENT

AGENDA ITEM NO. 10: Consider acceptance of roadway easement from the Shawnee Airport Authority for Saratoga Street from Airport Drive to Kickapoo.

A motion was made by Commissioner Young, seconded by Commissioner Holt, to approve a dedicated roadway easement from the Shawnee Airport Authority for Saratoga Street from Airport Drive to Kickapoo. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider acceptance of roadway easement on north Kickapoo from Dennis Morris.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve of roadway easement on north Kickapoo from Dennis Morris. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider bids:

a. Cutting and mowing of rank weeds, and the clean-up of trash and/or debris (Award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to defer awarding of bid for cutting and mowing of rank weeds and the clean-up of trash and/or debris to the next meeting due to the lack of a bid total. Motion carried 7-0.

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

b. 40 x 60 x 12 Metal Building at Public Works (Open)

BIDDER AMOUNT

Buoy Bros. Construction
Shawnee, OK $26,040

Callahan Steel Buildings
Mustang, OK $51,920

Nichols Construction
Harrah, OK $39,800

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to award the 40 x 60 Metal Building at Public Works bid to Buoy Bros. Construction, Shawnee, Oklahoma, as the lowest and best bid. Motion carried 7-0.

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

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Under Administrative Reports, Chief Mathis reported on the following issues:
Regarding the contract with “Property Room.Com”, he indicated that the Police Department had not utilized the service at this time.
Regarding the “Social Host” ordinance, he reported that no arrest have been made
He further reported that there have been 60 curfew violations since January, 2007.
In reference to gang activity, police have made 107 gang contacts, 227 graffiti related issues, 38 gangs identified, 20 graffiti charges filed, 2 spray paint possession violations and 35 presentations made on the topic of gangs.

Emergency Management Director Don Lynch explained FEMA policy regarding disaster declarations. FEMA policy states that property with damage from multiple events, inspectors are to consider only the damage caused during the incident period. The assumption will be made that the damage occurred in the previous disaster and will not be covered in the subsequent disaster unless the damages had been repaired and documentation submitted to close the project with FEMA.

Regarding the definition of a 100-Year Flood, Mr. Lynch reported that this term is a mathematical field theory created to model rare events for the purposes of civil engineering. A 100-Year Flood is calculated to be the level of flood water expected to be equaled or exceed at least once in a 100 year period.

City Manager Collard discussed the agenda of the public hearing regarding water issues scheduled for November 6, 2007. He also announced that he has appointed Rex Hennen as the interim Assistant Airport Manager.

John Krywicki, City Engineer informed the Commission that the list of streets scheduled for repair was not ready at this time. The Commission requested that the list be ready at the November 19th meeting, even if priorities have not been determined.

AGENDA ITEM NO. 15: Consider an Executive Session regarding pending litigation entitled City of Shawnee vs. HUB, et al., Case Number CJ-07-236, pursuant to 25 O.S.(B)(4)

This item was pulled from the agenda and deferred to the November 19, 2007 meeting.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding pending litigation entitled City of Shawnee vs. HUB, et al, Case Number CJ-06-236, pursuant to 25 O. S. (B)(4).

No discussion occurred. See Agenda Item No. 15.

AGENDA ITEM NO. 17: Commissioners Comments

Under Commissioners Comments, Mayor Mills announced that a replacement horse has been ordered for the stolen horse which was recovered damaged. He stated that the Beautification Committee has agreed to oversee the “Horses in the City” project.
Mayor Mills also spoke of a tri-lateral relationship between the City, Citizen Band Potawatomi Nation and the Gansu Province in China. Twenty-three Chinese delegates will be in Shawnee on November 15, 2007

Vice-Mayor Peterson brought up the issue of citizens or businesses not fulfilling zoning requirements after the requested zoning had been granted. Nancy McNayr said that a formal complaint needs to be filed with the Planning Department. The city attorney will then review the complaints.


AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 7-0. (8:37 p.m.)

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

_________________________
CHUCK MILLS, MAYOR
(SEAL)

ATTEST:

________________________________
PHYLLIS LOFTIS, CITY CLERK


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