BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 17, 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 17, 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.
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
INVOCATION Rev. David Pollard
Hill Top Assembly of God
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
In consideration of the Agenda, it was requested that Agenda Item No. 4, Certificate of Appreciation to Rev. David Pollard, be presented after Agenda Item No. 1.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the Agenda as presented with the exception of moving the Certificate of Appreciation to Reverend David Pollard after Agenda Item No. 1.
Motion carried 7-0.
AYE: Peterson, O’Neal, Mills, Young, Holt, Stephens, Schrzan
Presentation of Certificate of Appreciation was read and presented to Reverend David Pollard who was present to accept.
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. 19
b. Minutes from the December 3, 2007 meeting.
c. Acknowledge the following reports and minutes:
• Planning Commission minutes from November 7, 2007.
• Beautification Committee minutes from November 5, 2007.
• Shawnee Urban Renewal Authority minutes from October 16, 2007.
• Sales Tax Report through December 2007.
d. Mayor’s Appointments:
Re-appoint Lance Wortham to Shawnee Civic and Cultural Development Authority – Term to expire December 31, 2011.
e. Beautification Committee recommendations from the December 3, 2007 meeting.
Discussion and consideration of 1, 2, and 3 year terms for the Beautification Committee members.
RECOMMENDATION: Committee recommends setting terms ending December 31 as follows:
Robert Cash 2009
Tom Claybrook 2010
Terri Clover 2010
Nancy Ford 2008
Kaye Miller 2009
Jim Smith 2009
Tom Terry 2008
Commission Representative – no expiration of term
f. Authorize staff to advertise for bids on a brush pumper skid load for the previously approved cab and chassis for the Fire Department.
g. Consider Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution Plan for Frank Kelley, Jr.
h. Authorize out-of-state travel for Chief Mathis to attend the Homeland Security Seminar March 3-7, 2008, in Emmetsburg, Maryland.
i. Acknowledge donation of television/DVD from Operation FireSafe Operational Committee, Association of Central Oklahoma Governments, to be used in Fire Marshal’s Office to aid in educational efforts to reduce child set fires.
City Manager Jim Collard noted that an amended memo has been distributed to Commissioners regarding Agenda Item No. 2(f). This memo, from Fire Chief Jimmy Gibson, shows the correct amount spent on the previously approved cab and chassis as $22,198.00.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, that Consent Agenda Item No. 2(a-i) be approved as presented with the noted amended memo from Chief Gibson. Motion carried 7-0.
AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Young
AGENDA ITEM NO. 4: Mayor’s Presentation
The Certificate of Appreciation to Reverend David Pollard was previously presented.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Mayor’s Presentation
Consideration and presentation of resolution of appreciation to Chalk Norton for 34 years of service to the City of Shawnee.
Chalk Norton was present to accept a Resolution of Appreciation for 34 years of loyal service to the City of Shawnee.
Resolution No. 6323 was introduced and the title read aloud.
RESOLUTION NO. 6323 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO CHARLES “CHALK” NORTON FOR HIS 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 THE SAID CHALK NORTON.”
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, that the Title and Resolution No. 6323 be approved. Motion carried 7-0.
AYE: Stephens, O’Neal, Mills, Young, Peterson, Holt, Schrzan
Thereupon Mayor Mills declared Resolution No. 6323 duly passed and adopted.
AGENDA ITEM NO. 5: City Manager’s Presentation of Employee of the Month to Yvonne Ham, dispatcher for the Police Department.
City Manager Jim Collard presented a plaque and certificate to Yvonne Ham, Police Dispatch Supervisor, as the December employee of the month, in recognition of her excellent service and dedication to the City of Shawnee. Ms. Ham was present to accept.
AGENDA ITEM NO. 6: Recognition of Lieutenant Russell Frantz by Police Chief Mathis.
Chief William Mathis recognized Lieutenant Russell Frantz who has been called to active service in Kirkuk, Iraq for a four month tour of duty. Lt. Frantz is an Air Force Chief Master Sergeant who has previously been called to service in Operation Noble Eagle, Operation Southern Watch, Operation Enduring Freedom, and has served at Camp Snoopy in Qatar and at Air Force Reserve Headquarters in Warner Robins, Georgia. Lt. Frantz has been a Shawnee Police Officer for 20 years. Mayor and Commissioners wished Lt. Frantz a safe and speedy return.
AGENDA ITEM NO. 7: Presentation by Don Lynch, Emergency Management Director, expressing appreciation to volunteers that assisted during the local flooding last summer.
Emergency Management Director Don Lynch expressed his appreciation to all the volunteers and the Citizen’s Emergency Management Team that assisted during the local flooding this past summer. Team members who were present came forward and were presented City of Shawnee pins by Mayor Mills and Mr. Lynch.
AGENDA ITEM NO. 8: Discuss and consider possible action concerning emergency response efforts during recent ice storm.
Mr. Lynch presented a power point program outlining the local response to the recent ice storm. Mr. Lynch explained that a Presidential Emergency Declaration had been received for emergency needs. The Governor has also requested a Presidential Disaster Declaration which will assist with the costs involved with debris clean-up and overtime for emergency responders. Mr. Lynch listed emergency numbers for citizens requiring assistance and also numbers for citizens who would like to help others. Public debris removal sites were listed along with their hours of operation. Mr. Lynch stated that events such as this are opportunities to learn and plan for the future.
AGENDA ITEM NO. 9: Authorize staff to advertise for Request for Proposals for debris management related to ice storm.
Various methods of debris removal and disposal were discussed by the Commission. Currently, there are still many residents physically or financially unable to have the debris removed from their property. In the event a Presidential Disaster Declaration is received, FEMA will assist financially with the storm clean-up. It was the consensus of the Commission that the City of Shawnee should provide curbside removal/disposal of tree and limb debris for residents unable to do so, regardless of whether a disaster declaration is received.
A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to authorize staff to prepare a Request for Proposals for debris removal. In order to expedite this process, Commissioners also authorized staff to review the proposals and select the appropriate firm and proceed with debris removal. Motion carried 7-0.
AYE: Schrzan, Holt, Stephens, O’Neal, Mills, Young, Peterson
AGENDA ITEM NO. 10: Public hearing and consider an ordinance to rezone property at 527 North McKinley from C-1: Neighborhood Commercial to C-3; Automotive, Commercial and Recreational for use as storage. (Applicant: Donald Chlouber) Deferred from November 19, 2007
This matter comes on for public hearing of the above reference rezoning. It is noted that the applicant, Donald Chlouber, has withdrawn is application.
AGENDA ITEM NO. 11: Public hearing and consider an ordinance to rezone property at 4706 N. Harrison from R-1; Single Family Residential to C-3; Commercial, Automotive and Recreation for use as Commercial property. (Applicant: Jim Henderson)
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property at 4706 N. Harrison for use as Commercial Property.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Ms. Nancy McNayr gave the staff report noting that the proposed rezoning is located on a major arterial street. The Colonial Inn abuts this property to the south; several residential dwellings abut the property to the north. The subject property is currently zoned R-1 Single Family and was once used as a residence for the business owner. This area is designated as a commercial corridor and several new commercial businesses have located in this vicinity. Staff recommends approval of the request noting the property is in conformance with the Shawnee Comprehensive Plan. It was further noted that the Planning Commission recommended approval.
There were no formal written protests filed. No others appeared and the public hearing was closed.
After due and careful consideration Ordinance No. 2335NS was introduced and the title read aloud.
ORDINANCE NO. 2335 NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 1378 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE WEST 348 FEET; THENCE SOUTH 200 FEET; THENCE EAST 348 FEET; THENCE NORTH 200 FEET TO THE POINT OF BEGINNING, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; REZONING SAID PROPERTY FROM R-1; RESIDENTIAL TO C-3; COMMERCIAL, AUTOMOTIVE AND RECREATION; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, that the Title and Section 1 be approved. Motion carried 7-0.
AYE: Schrzan, Young, Peterson, Holt, Stephens, O’Neal, Mills
Thereupon Mayor Mills declared Ordinance No. 2335NS duly passed and adopted.
AGENDA ITEM NO. 12: Public hearing and consider an ordinance to rezone property at 2025 E. MacArthur from A-1; Agricultural to C-3; Commercial, Automotive and Recreation for Commercial use.
(Applicant: Robert and Alethia Woodmore)
It was noted that this item was continued by the Planning Commission to their January 2, 2008 meeting. A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to defer consideration of the rezoning at 2025 E. MacArthur until the January 7, 2008 City Commission meeting. Motion carried 6-0-1.
AYE: Schrzan, O’Neal, Mills, Young, Peterson, Stephens
AGENDA ITEM NO. 13: Consider approval of the Final Plat for The Woodlands at Windmill Ridge located North of Independence and East of Bryan.
Nancy McNayr presented the staff report regarding this item. She indicated the Planning Commission had approved this request for final plat subject to the following technical notes:
1. “Limits-of-No-Access” on the Bradley Street frontage for Lot 3 Block 6, Lot 11, Block 8, and the west 100’ of Lot 10, Block 8.
2. Section 504.5 of the Zoning Code requires that a front building setback be 25 feet unless on a cul-d-sac bulb when 20 feet is allowed. When a lot has double frontage, 25 feet must be provided unless lots are back-to-back, then 15 feet is allowed. The building line setback on the following lots should show 25 feet instead of 15 feet: Lot 3, Block 6; Lot 1& Lot 22; Block 7, and Lots 1, 5, & 11 Block 8.
Planning Commission recommendations also included allowing a variance for a 15’ setback on the west side of Lot 1 Block 8.
A motion was made by Commissioner Stephens, seconded by Commissioner Young, that the final plat of The Woodlands at Windmill Ridge be approved subject to compliance with the listed technical requirements and with the approval of the variance as requested. Motion carried 7-0.
AYE: Stephens, Young, Peterson, Holt, Schrzan, O’Neal, Mills
AGENDA ITEM NO. 14: Consider an ordinance amending the use by the public of the twenty-five (25) foot strip around Shawnee Twin Lake No. 1 to emergency use only on certain lots leased for habitation. (Deferred from December 3, 2007.)
Commissioner Holt questioned whether the School Land Commission, who owns the lots in the North School and South School tracts, should be involved in this discussion. City Attorney John Canavan responded that any ordinance passed by the Commission would only affect leases owned by the City of Shawnee.
Police Chief Bill Mathis reported to the Commission that research of the last ten years indicated only 5 to 10 instances of trespassing where the Police Department responded. Regarding the proposed ordinance, Chief Mathis indicated that enforcement must be included in any ordinance considered.
Commissioner Stephens requested that Commissioners be proactive in considering this issue. She stated that now the lake level has risen, it is being used more and this ordinance is just a measure for leaseholders to protect their homes and properties.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to defer the consideration of this item and directing the City Attorney to reword the ordinance to make it enforceable; further, to require the leaseholders to post their leased properties with signs indicating private property. Motion carried 7-0.
AYE: Schrzan, Stephens, O’Neal, Mills, Young, Peterson, Holt
AGENDA ITEM NO. 15: Consider entering into an agreement with the Buxton Company, Retail Site Consultants, for a retail analysis and recruitment plan at a cost of $70,000.00. (Deferred from December 3, 2007.)
City Manager Collard addressed this item explaining the basis for this study. He explained that the company would provide comprehensive analysis with a plan that would allow the City to recruit retail companies that would complement the existing retail base.
Mayor Mills informed the Commission he had recently become aware of a company called “Retail Coach” who provided this service as well for a fee of $50,000. Mayor Mills stated that the City owes it to the citizens of Shawnee to provide the best service at the lowest price. Therefore, he recommended that the City prepare Request for Qualifications to compare services and costs. It was also noted that the services requested should be comparable to the services that would be provided by The Buxton Company.
A motion was made by Commissioner Young, seconded by Commissioner Schrzan, to authorize staff to prepare Request For Qualification’s with firms for analysis & recruitment for a retail plan and defer this item until the January 22, 2008 City Commission meeting. Motion carried 7-0.
AYE: Young, Schrzan, O’Neal, Mills, Peterson, Holt, Stephens
AGENDA ITEM NO. 16: Consider extending the contract with Downtown Shawnee, Inc. for one month from December 31, 2007 until January 31, 2008, pending contract review committee meeting scheduled for December 19 at 11:00 a.m.
It was noted that the Downtown Shawnee had not yet completed audit requirements and the December 19, 2007 Contract Review Commission meeting has been rescheduled for January 8, 2008. A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve extending the contract with Downtown Shawnee, Inc. for one month, and to consider this item at the January 22, 2008 City Commission meeting.
Motion carried 7-0.
AYE: Schrzan, O’Neal, Mills, Young, Peterson, Holt, Stephens
AGENDA ITEM NO. 17: Discuss schedule of future work sessions.
City Manager Collard presented the Commission with a list of City projects and requested that additional work sessions be scheduled to discuss these projects at length. The work session dates and topics are as follows:
January 14, 2008 Economic Development
February 11, 2008 Airport issues
February 25, 2008 Streets
March 10, 2008 Water Funding
March 31, 2008 Water Strategy
All the above meetings times will be 6:30 p.m.
It was also discussed to change the regular scheduled March 17, 2008 City Commission meeting to March 24, 2008. An item regarding this schedule change will be presented to the City Commission for formal consideration at the January 7, 2008 meeting.
AGENDA ITEM NO. 18: Consider amendment to the agreement between the City of Shawnee and Sprint/Nextel concerning 800 MHz radio rebanding.
Emergency Management Director Don Lynch explained that the City Commission approved the rebanding and reconfiguration of our licenses and equipment on March 28, 2007. Subsequently, it was determined that the City needs to keep its system and frequencies intact. Therefore, an amendment to the previous agreement is needed. Sprint/Nextel will cause the paperwork to reconfigure our radio system license with the Federal Communications Commission to be changed to reflect the original licensing structure. We will pay Sprint/Nextel the sum of $6,920.00 for the replacement equipment already received.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to approve amendment to Sprint/Nextel agreement. Motion carried 7-0.
AYE: Schrzan, Young, Peterson, Holt, Stephens, O’Neal, Mills
AGENDA ITEM NO. 19: Consider bids:
a. Westech Road Widening Project (Award)
City Engineer John Krywicki explained that two bids were received and opened at the November 19th City Commission meeting, both of which proved to be greater than the original Engineer’s estimate and greater than the amount of funding that the Sac & Fox have available. Therefore, Mr. Krywicki is requesting to reject bids and to readvertise the project for bid letting as a two-lane roadway improvement with protected left turn lane at Westech Road and Harrison Street.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Westech Road Widening Project be readvertised. Motion carried 7-0.
AYE: Schrzan, O’Neal, Mills, Young, Peterson, Holt, Stephens,
b. Total Organic Carbon Analyzer (Award)
A motion was made by Commissioner Stephens, seconded by Commissioner
Schrzan, to award Total Organic Carbon Analyzer to G.E. Analytical
Instruments, Inc., Boulder, CO, in the amount of $16,871.00. Motion carried 7-
AYE: Stephens, Schrzan, O’Neal, Mills, Young, Peterson, Holt
c. Repair and Recoat of COEDD/Auditorium Roof (Open)
One bid was received from Crawford Roofing, Inc. in the amount of $24,500. It was requested by Parks Supervisor James Bryce to accept this bid and award to Crawford Roofing, Inc. in the amount of $24,500. A motion was made by Commissioner Holt, seconded by Commissioner Young, that the bid for Repair and Recoat of COEDD/Auditorium Roof be awarded to Crawford Roofing Inc., in the amount of $24,500. Motion carried 7-0.
AYE: Holt, Young, Peterson, Stephens, Schrzan, O’Neal, Mills
d. Municipal Auditorium Fire Sprinkler & Alarm System (Open)
City Engineer John Krywicki noted that one bid was received from Christopher Bond d/b/a Superior Fire Protection in the amount of $143,944.00. He further noted that $100,000.00 had been budgeted for this project. It was Mr. Krywicki’s recommendation to reject this bid and to rebid the project. A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to reject the bid received from Christopher Bond d/b/a Superior Fire Protection and to rebid the project. Motion carried 7-0.
AYE: Schrzan, Young, Peterson, Holt, Stephens, O’Neal, Mills
AGENDA ITEM NO. 20: 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. 21: Administrative Reports
Under Administrative Reports, John Krywicki provided estimates regarding the three phases of the Kickapoo Street Widening Project. Utility relocation costs were also discussed. In an effort to address Commissioners’ questions regarding sidewalk widths, Mr. Krywicki will present, at the January 8, 2008 meeting, the power point slides and overlays previously presented to the Commission at the September 4, 2007 City Commission meeting.
AGENDA ITEM NO. 22: Consideration and possible action to enter into executive session to discuss status of negotiations with the IUPA, Local No. 3 for a collective bargaining agreement for FY 2007-2008, including discussion of Interest Arbitration Award, and for confidential communications with legal counsel regarding Interest Arbitration Award and any claim by IUPA, Local No. 3 there under upon advise of legal counsel that public disclosure would impair the ability of the public body to act on such matters in the public interest, all authorized by 25 O.S. §§307 (B)(2) and (4).
A motion was made by Commissioner Young, seconded by Commissioner Holt, to recess the regular session meeting and enter into Executive Session. Motion carried 7-0.
AYE: Young, Holt, Stephens, Schrzan, O’Neal, Mills, Peterson
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 10:05 P.M. COMMISSIONER SCHRZAN NOT PRESENT FOR EXECUTIVE SESSION.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:55 P.M. ALL COMMISSIONERS PRESENT IN REGULAR SESSION EXCEPT COMMISSIONER SCHRZAN.
AGENDA ITEM NO. 23: Consideration and possible action on items discussed in Executive Session including possible action either to accept the arbitration award or to authorize the City to submit to the voters of the City the last best offers of the City and the IUPA, Local No. 3 for the voters to select which offer to accept as the collective bargaining agreement for FY 2007-2008.
A motion was made by Commissioner Young, seconded by Commissioner Holt, to direct the Mayor to file with the City Clerk a written request to submit the last best offers of the City and IUPA, Local 3, to the voters at a special election. Motion carried 6-0.
AYE: Young, Holt, Stephens, O’Neal, Mills, Peterson
AGENDA ITEM NO. 24: Commissioners Comments
Under Commissioners Comments, Commissioner Stephens thanked Fire Department personnel for their recent response to a house fire at her mother’s house. She also thanked police and city crews for a great job done in debris removal and street clearing after the ice storm.
AGENDA ITEM NO. 25: Adjournment
There being no further business to be considered, a motion was made by Commissioner Holt, seconded by Commissioner Young, that the meeting be adjourned. Motion carried 6-0. (10:58 p.m.)
AYE: Holt, Young, Peterson, Stephens, O’Neal, Mills
CHUCK MILLS, MAYOR
PHYLLIS LOFTIS, CITY CLERK
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