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Date: 12/3/2007Board: City CommissionDocumentType: MinutesWeb Posted: 12/18/2007 8:53:32 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 3, 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, December 3, 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 Rev. Leroy Kerbo
Oak Park Church of God
FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve Agenda as presented. 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. 13.

b. Minutes from the November 19, 2007 meeting.

c. Budget Amendments in the General Fund and the 2007 CDBG Entitlement Grant Fund.

d. Acknowledge the following reports and minutes:

• Sister Cities Council minutes from September 11, 2007 and October 9, 2007

• Shawnee Civic and Cultural Development Authority minutes from October 15, 2007

• Traffic Commission minutes from October 23, 2007

e. Acknowledge Workers Compensation Settlement in the amount of $15,000.00 to Mike Laughlin.

f. Authorize staff to purchase four (4) Crown Victoria’s at the state-purchasing price of $29,987.00 each from Riverside Auto-Plex Government Sales of Poteau. Total cost of vehicles, which will include complete police package at time of delivery, will be $119,948.00.

g. Acknowledge Shawnee City Commission and Related Authorities schedule of meetings for 2008.

h. Lakesite Lease Transfers:

• Lot 13, Eckel Tract

To: G. Heckert
From: T. Latham

• Lot 11, Magnino A Tract

To: E. Lucas
From: W. Cox

i. Traffic Commission Recommendations from the November 27, 2007 meeting.

1. Consideration of request from Burt Beauford, 35 East 34th, Shawnee, OK 74804 to install a street light halfway between Bell Street and Broadway on East 34th.

RECOMMENDATION: Board recommends to approve request.

2. Consideration of request from Bryan Watson, 33302 Waco Road, Shawnee, OK 74801 to install rumble strips on westbound Lake Road just east of the intersection with Highway 102.

RECOMMENDATION: Board recommends to approve request.

j. Mayor’s Appointments:

Shawnee Hospital Authority
Darrell Coker – term to expire September 30, 2013
Abbott Lawrence Stasyszen – term to expire September 30, 2013
Sudhir Gupta, M. D. – term to expire September 30, 2013
Mike Warwick – to fulfill unexpired term of Dr. R.J. Barnard to expire September 30, 2010

Traffic Commission
Kelly Mallory to fill unexpired term of Carl Holt, term to expire January 1, 2009.

Tourism Advisory Committee
Brad Peltier, term to expire December 31, 2010


Before voting on the Consent Agenda, it was requested that Consent Item No. 2(b), (g), (h), and (i) 1and 2, be pulled for separate consideration.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve Consent Agenda Item No. 2 (a-j) less (b), (g), (h), and (i) 1and 2, as presented. Motion carried 7-0.

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

Under Agenda Item No. 2(b), concerning the minutes from November 19, 2007 meeting, it was noted that the date December 15 should read December 17.

A motion was made by Commissioner Holt, seconded by Commissioner Schrzan, to approve minutes from the November 19, 2007 meeting with correction of date from December 15 to December 17. Motion carried 7-0.

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

Under Agenda Item No. 2(g), concerning Shawnee City Commission and Related Authorities schedule of meetings for 2008, it was acknowledged that a correction needed was made to the year for 11-17-09 to read 11-17-08.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve meeting dates for the 2008 City Commission meetings with the date correction 11-17-09 to read 11-17-08. Motion carried 7-0.

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

Under Agenda Item No. 2(h) regarding Lakesite Lease Transfers, it was noted that Lot 3 should read Lot 13. Also, Vice Mayor Peterson inquired if there was a check-list for the renewal of Lakesite Lease Transfers and Renewals. If there was a check-list, then everyone would know exactly what had been done and when it was done.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the Lakesite Lease Transfers with the correction of Lot 3 to read Lot 13. Motion carried. 7-0.

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

Under Agenda Item 2 (i) 1 and 2, concerning Traffic Commission Recommendations, Commissioner Holt wanted to make everyone aware of the amount of time and effort that goes into the research and process of serving on the Traffic Commission. Commissioner Holt, also, commended the Traffic Commission for their efforts.

Vice-Mayor Peterson raised a question on the process of deciding where a street light is placed and if there is a certain criteria for the placement. John Krywicki explained the process as follows: (1) apply to the Traffic Commission, (2) staff will investigate and make a recommendation to the Traffic Commission, (3) Traffic Commission will recommend to the City Commission, if approved, (4) letter will be written to O G & E requesting street light. O G & E provides pole and electricity and the City pays a monthly rental fee for each street light.

A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to accept the Traffic Commission Recommendations. Motion carried 7-0.

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

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

Under Citizens Participation, Linda Agee wished to thank Vice Mayor Peterson for requesting a check-list on lakesite leases so that the lessee would know what was required for renewal of the lease. She, also, addressed Agenda Item No. 7 on public use of land surrounding the Twin Lakes. Ms. Agee would like to have an ordinance to protect the lessee from the public having close access to their residences.

AGENDA ITEM NO. 4: Mayor’s Presentation

Consideration and presentation of resolution of appreciation to David Shannon for 25 years of service to the City of Shawnee.

David Shannon was present to accept a Resolution of Appreciation for 25 years of loyal service to the City of Shawnee.

Resolution No. 6321 was insured and the title read aloud.

RESOLUTION NO. 6321 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO DAVID SHANNON FOR 25 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 DAVID SHANNON.”

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

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

Thereupon Mayor Mills declared Resolution No. 6321 duly passed and adopted.

AGENDA ITEM NO. 5: Consider a resolution approving an exception to city policy to allow David Shannon to keep his handgun upon his retirement from the Police Department.

Chief William Mathis has requested that David Shannon, who is retiring after 25 years of service with the Shawnee Police Department, be granted permission to retain possession of his sidearm after retirement.

Resolution No. 6322 was introduced and the title read aloud.

RESOLUTION NO. 6322 ENTITLED “A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, APPROVING AN EXCEPTION TO THE CITY POLICY TO ALLOW POLICE SERGEANT DAVID SHANNON TO KEEP HIS HANDGUN UPON HIS RETIREMENT.

A motion was made by Commissioner Young, seconded by Commissioner Stephens, that the Title and Resolution No. 6322 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6322 duly passed and adopted.

AGENDA ITEM NO. 6: Presentation by Buxton Group Community ID, Retail Site Consultants, and consideration for a retail survey.

Tim Keith, with the Buxton Company, gave a presentation describing how his company works with retail businesses and communities to help find locations that will benefit both the retailer and the community. By gathering information about a community, his company helps the community understand their trade area, identifies and profiles customers, and supplies the community with the contact information for the retail business that needs to be recruited.

Mayor Mills commented that we need to pursue retail business not just manufacturing as part of the economic development for the City since we rely on the sales taxes collected to provide the services needed.

Commissioner Stephens commented on having the right businesses here to encourage people moving to the City. People considering a move to the area want to shop for what they need with a variety of choices.

Vice-Mayor Peterson stated there would be a strategic planning meeting with the Shawnee Economic Development Foundation this week to see if there was a way to involve them with the information gathering and working with the Buxton Company representative.

The cost of the sixty- day project would be $70,000.00 and they could start as soon as the City was ready to provide the information. City Manager Jim Collard stated there was approximately $80,000.00 in the economic development budget.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to defer further discussion and place on December 17, 2007 agenda. Motion carried. 7-0.

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

AGENDA ITEM NO. 7: Consider an ordinance amending the use by the public of the twenty-five (25) foot strip around Shawnee Twin Lakes No. 1 to emergency use only.

Commissioner Schrzan requested this ordinance be prepared to provide privacy and security for the leaseholders property. Commissioner Stephens suggested this be only emergency use on the shoreline where lots were leased. There are approximately ninety lots platted but not leased which could still be used by the public. Commissioner Stephens feels there is a safety factor mixing boats with skiers and people swimming. There was discussion on enforcement and how the enforcement would take place. Police Chief Mathis advised it would probably take five officers to patrol and enforce. The Police Department regularly patrols now and is available to be called when needed.

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to defer discussion and consideration of ordinance amending the use by the public of the (25) foot strip around Shawnee Twin Lakes No. 1 to emergency use only until the December 17th meeting with a change in the wording of the ordinance. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider authorizing appeal of Police Department arbitration decision regarding minimum staffing.

Chief Mathis stated an arbitration decision can only be appealed if the arbiter has exceeded their authority and he feels this is the case. This appeal will be filed in District Court.

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to appeal the Police Department arbitration decision regarding minimum staffing. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider authorizing staff to officially apply for a 90/10 grant to fund the Airport Runway/Taxiway Improvement Project Preliminary Engineering Report with the City’s matching portion not to exceed $7,000.00.

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to authorize staff to officially apply for a 90/10 grant to fund the Airport Runway/Taxiway Improvement Project Preliminary Engineering Report with the City’s matching portion not to exceed $7,000.00. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Discuss and consider water negotiations with the City of Tecumseh.

Mayor Mills reported he had met with the Tecumseh Mayor John Collier and had a very productive meeting. The committee then met at a later time and all were encouraged with the progress. Both parties want to work through the problems and re-establish the relationship. Vice-Mayor Peterson stated she felt very positive with the serious progress that was made. Another work session is to be scheduled and future progress will be reported back after that meeting.

AGENDA ITEM NO. 11: Acceptance of Hyatt Addition improvements and placing maintenance bonds into effect.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve acceptance of Hyatt Addition improvements and placing maintenance bonds into effect. Motion carried 6-0-1.

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

AGENDA ITEM NO. 12: Acceptance of Gordon Cooper 12” water line project and placing maintenance bonds into effect.

A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to approve acceptance of Gordon Cooper 12” water line project and placing maintenance bonds into effect. Motion carried 7-0.

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

AGENDA ITEM NO. 13: Consider bids:

Total Organic Carbon Analyzer (Open)

BIDDER AMOUNT

G E Analytical Instruments Inc
Boulder, CO $16,871.00

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the bid for Total Organic Carbon Analyzer be deferred for staff to review and make a recommendation at the December 17, 2007 meeting.
Motion carried 7-0.

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

AGENDA ITEM NO. 14: 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. 15: Administrative Reports

Under Administrative Reports, City Engineer John Krywicki reported a traffic signal box at 10th and Harrison had been damaged by a vehicle and would require immediate repair. He has requested the repair work at approximately $13,560.00 on an emergency basis. In a meeting with ODOT, the Kickapoo Street widening project is closer to final plans. When ODOT has final plan we will know how much easement is needed. Construction could begin in the spring of 2009. John Krywicki also gave a status report on city streets divided by time frame of improvements. Mr. Krywicki requested a work session in February or March of 2008 to address only street projects with the City Commission.

Emergency Management Director Don Lynch reported on the progress of repair to the water payment drive-through window that was damaged several months ago. We have an estimate from a contractor for the repair work needed at $13,600.00. This amount has been reported to the company responsible for the damage and we are waiting on their response.
Mr. Lynch also reported track lighting has been ordered for the commission chamber and the sound issues will also be addressed in the near future.

Utility Director Jim Bierd informed the Commission there would be a notice going out in the water bill as required by the DEQ regarding water quality.

AGENDA ITEM NO. 16: Commissioners Comments

Under Commissioner Comments, Mayor Mills announced there will be a groundbreaking ceremony for Vanguard Energy Company with Governor Brad Henry participating on December 17, 2007. This $65,000,000 facility located at the Wolverine Industrial Park should have 70 employees the first year and up to 350 by the third year of operation.

Also, the Christmas parade will be downtown Thursday, December 6, at 7:00 p.m.

AGENDA ITEM NO. 17: 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. (9:10 p.m.)

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



_________________________
CHUCK MILLS, MAYOR

(SEAL)

ATTEST:

________________________________
DONNA MAYO, DEPUTY CLERK for
PHYLLIS LOFTIS, CITY CLERK



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