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Date: 2/4/2008Board: City CommissionDocumentType: MinutesWeb Posted: 2/20/2008 4:06:06 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 4, 2008 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, February 4, 2008 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Vice Mayor Peterson 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:

INVOCATION Rev. Tim Sean Youmans First Baptist Church
FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

In consideration of the Agenda, it was requested that Agenda Items No. 16 and 17 follow Agenda Item No. 5. It was also requested that Agenda Item No. 13, concerning the agreement with A T & T for enhanced 911equipment, be pulled and considered at a later date.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve the Agenda as amended.


Motion carried 7-0

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the January 22, 2008 meeting.

b. Appropriation of Beginning Fund Balances and Transfers Between Funds to properly budget for the $125,000.00 infrastructure project for Vanguard Stimulation Services.

c. Appropriation of Beginning Fund Balance Shawnee Airport Authority Fund 511

d. Appropriation of Beginning Fund Balance E-911 Fund 102

e. Budget Amendments to the General Fund

f. Acknowledge the following reports and minutes:

• Sales Tax Report through January, 2008
• Civic and Cultural Development Authority minutes from the December 20, 2007 meeting
• License Payment Report from October 1 – December 31, 2007
• Project Payment Report for October 2007

g. Mayor’s Appointments to the Shawnee Urban Renewal Authority.

• Mike Lodes term to expire 2/02/11 - 2nd term
• Jeanetta Townes term to expire 2/02/11 - 2nd term
• Link Cowen term to expire 2/02/11- 2nd term

h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution Plan for Julie Carrillo.

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution Plan for Bucky LittleCharley.
j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution Plan for Billy Walker.

k. Approve out of state travel for garage employees to attend TYMCO street sweeper maintenance training in Waco, TX: Brian Woodall and Tracy Harvey February 26-27, 2008 and Damon Townsend and Mike Bertram March 25-26, 2008.

l. Authorize staff to advertise for bids to repair outfall line at the Southside sewer plant.

m. Lakesite Lease Transfers:

• Lot 6, North School
To: M. Willis and P. Willis
From: C. Johnston and L. Johnston

• Lot 7, Coffman Tract
To: C. Duroy and K. Duroy
From: M. Brooks and K. Brooks

• Lot 8, Coffman Tract
To: A. Carey
From: M. Brooks

• Lot 9, Coffman Tract
To: A. Carey
From: M. Brooks

• Lot 5, Magnino Tract
To: B. Jennings and R. Jennings
From: D. Orr and S. Orr

Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item No. 2(b), regarding $125,000 for infrastructure for Vanguard Stimulation Services, be considered separately.

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

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

Under Agenda Item No. 2(b) it was noted by Vice Mayor Peterson that $125,000 had previously been pledged by the City of Shawnee as a match for an EDA grant. However, the Shawnee Economic Development Foundation has subsequently decided not to proceed with the grant and has provided $275,000 in economic development funds for the Vanguard project. The $125,000 provided by the City of Shawnee will be used for water and sewer infrastructure. The amount of $57,500 will be taken from the Shawnee Municipal Authority Fund and $67,500 will be taken from the Street Fund. It was further noted by Vice Mayor Peterson that the budget document provided in the agenda packet still referred to the EDA grant. The Accounting Department will provide a corrected document.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the Appropriation of Beginning Fund Balances and Transfers Between Funds, as corrected, for the $125,000.00 infrastructure contribution for Vanguard Stimulation Services. Motion carried 7-0.

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

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

Under Citizens Participation, Jeanetta Townes thanked the Commission for reinstating Candie Swinney to her position with the Police Department. She also made accusations against Police Chief Mathis. She quoted sections of three ordinances which she believes have been violated by Chief Mathis.

Jim Sims spoke regarding the ADA transition study and urged Commissioners not to approve the request to spend $10,000 to hire McNayr Paque to prepare the study. This item is set for consideration later on the agenda.

DUE TO MISNUMBERING, THERE IS NO AGENDA ITEM NO. 4
AGENDA ITEM NO. 5: City Manager’s presentation to employee of the month, Lisa Brownell with the Human Resources Department.

City Manager Jim Collard presented a plaque and certificate to Lisa Brownell, Human Resources Department, as the January employee of the month, in recognition of her excellent service and dedication to the City of Shawnee. Ms. Brownell was present to accept.

MAYOR MILLS ANNOUNCED THAT THE COMMISSION WOULD DEVIATE FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEMS NO. 16 & 17

AGENDA ITEM NO. 16: 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, and for confidential communications with legal counsel regarding potential settlement of the Collective Bargaining Agreement with IUPA, Local No. 3 thereunder 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 as authorized by 25 O.S. §§307(B)(2) and (4).

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to not recess the regular session meeting 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 between the City of Shawnee and the I.U.P.A., Local No. 3, including a possible discussion of and authorization to the City Manager to extend a settlement offer to the I.U.P.A., Local No. 3. Motion carried 7-0.

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

City Manager Jim Collard presented the City’s most recent settlement offer to the I.U.P.A. The proposal regarding the Collective Bargaining Agreement is as follows:

Concessions:

Composition of the Police Review Board: The City agrees composition of the Board will remain the same to include a member from an outside agency.

Court Reporter Requirement: The City agrees a Court Reporter at Police Review Board hearings will remain a requirement.

Return of All Police Department Property Upon Reinstatement of an Officer on Administrative Leave or Suspension: The City agrees to the requirement to return all items turned in – all police department property, regardless of assignment, upon the return to duty.

Health and Life Insurance: The City agrees to leave the language as is and to open negotiations in 2008-09.

Wages: The City agrees to a 7.2% across the board increase.

Compromise:

The Forty-Eight (48) Hour Rule: The current agreement calls for the Chief of Police to submit the findings of the Police Review Board within forty-eight hours of the Board’s adjournment. The City of Shawnee originally wanted that amount of time increased to five (5) business days. The City is currently offering to compromise with the I.U.P.A at three (3) business days.

The City Stands Firm on the Following:

Incentive Pay: The City is standing by its proposal to maintain the current standards of 85% accuracy for marksmanship and 95% for sharpshooter for officers’ incentive pay.

Position of Corporal: The City is standing by its proposal to reduce the minimum number of years of service before a person can be eligible for the rank of Corporal from seven to four years.

Vehicle Policy: The City is standing by its proposal that no special exception to the eleven (11) mile radius rule. The Police Chief may approve take home units for officers who live outside the eleven mile radius if the officer is assigned special duties.

At the conclusion of the presentation of the City’s proposal, Police Chief Mathis, Dr. Collard and the City’s labor attorney Matthew Love answered questions from the Board. Mr. Love stated that upon Commission approval, the proposal would be submitted to the I.U.P.A. and its attorney and a response deadline would be set.

AGENDA ITEM NO. 17: Consideration and possible action on matters discussed in Executive Session regarding the status of a Collective Bargaining Agreement for FY 2007-2008 between the City of Shawnee and the I.U.P.A., Local No. 3, including a possible discussion of and authorization to the City Manager to extend a settlement offer to the I.U.P.A., Local No. 3, to resolve the Collective Bargaining Agreement between the City of Shawnee and the I.U.P.A., Local No. 3 for Fiscal Year 2007-2008.

As previously note, the Commission did not go into Executive Session. At the conclusion of the discussion regarding the City’s settlement proposal, a motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to accept the City proposal; further, the I.U.P.A will be given until 8:00 a.m. on February 8, 2008 to respond and that a special meeting will be held at 9:00 a.m. on February 8, 2008 to discuss the settlement. Motion carried 7-0.
AYE: Schrzan, Holt, Stephens, O’Neal, Mills, Young, Peterson
NAY: None

THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA AS WRITTEN

AGENDA ITEM NO. 6: Presentation by Sac & Fox Tribal representative concerning participating with the City of Shawnee on Westech Road Project.

A power-point presentation was given by Mr. George Thurman, Principal Chief of the Sac & Fox Nation. Mr. Thurman’s presentation started with an overview of the widening project and the continued partnership with the City of Shawnee. The Sac & Fox Nation has already committed $550,000.00 of Indian Reservation Roads monies and is asking the City of Shawnee for $100,000.00 to help fund widening Westech Road to three lanes. Mr. Thurman stated that businesses, school bus routes, tribal members, and citizens would all benefit from the improved roadways and the alleviated congestion from casino traffic.
Randal Carter, Project Coordinator, and Mr. Coleman, Casino Operations Manager, also participated in the presentation. Mr. Carter spoke of other road projects that have been financed by the Sac and Fox Tribe. Mr. Coleman spoke of the expansion of their current casino and touched on the plans of an amphitheater and an RV park which could bring more economy in to the Shawnee area.
City Engineer John Krywicki stated that the City has previously bid this project twice and all bids came in over the Engineer’s estimate. The project was bid a third time and bids will be opened at the City Commission meeting on February 19, 2008.
Mr. Carter explained that their engineer estimated the project almost a year ago and that the increase in fuel and other materials was the reason the bids were higher than the estimate.

AGENDA ITEM NO. 7: Consider progress made on property located at 707 N. Broadway. (Deferred from 4/02/07, 8/06/07, and 10/01/07)

Chief Building Inspector Mike Cox updated the Commission on the progress made at 707 N. Broadway. Scott Timmons, property owner, appeared to answer questions. Mr. Cox stated that Mr. Timmons has cooperated with Building Inspectors and most of the work has been completed on the property’s interior. Mr. Timmons informed the Commission that almost everything in the interior was new and he would start working on the exterior and “curb appeal” next. Mr. Cox is satisfied with the progress made and recommends the City Commission require nothing further from the owner. The Commission was in agreement with Mr. Cox’s recommendation and Mr. Timmons will not be required to give the City any further progress reports on the property.

AGENDA ITEM NO. 8: Discuss the present status of recreational parks in the City of Shawnee and future plans to use various available funding options to improve existing parks and/or to create new recreational parks.

Commissioner Schrzan presented this item for discussion. He stated that the present condition of City parks is deplorable and that Shawnee has very little recreational opportunities for youths. The proposed skate park was the main topic of discussion, but the construction of soccer fields, the municipal pool and the renovation of all City parks were also discussed. Commissioner Schrzan singled out the two parks at Shawnee Lake which he said were in need of attention. He further stated that an additional boat ramp is needed at the lake. Commissioner Schrzan proposed that the $888,744.10 that remains for the construction of a Sports Complex, one of the original Big Four Projects, be spent to build the skate park and enhance existing parks. He further stated that the Soccer Association has leased 12 acres for soccer fields and is in need of parking and restrooms.
Mayor Mills agreed that these projects were important and should be given consideration.
Commissioner Young proposed that local civic organizations partner with the City in the repair or replacement of equipment at City parks.
Mayor Mills noted that the City currently has $73,000 reserved for the skate park and private sources have raised approximately $8,000 as well.
After further discussion, Commissioner Schrzan suggested that the City start with the Skate Park Project first. The Commission requested that an item be placed on the February 19, 2008 meeting agenda to consider the possible funding of a skate park.

AGENDA ITEM NO. 9: Consider authorizing City Manager to spend an additional $10,000.00 on contract for planning services during the Community Development Director search.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to authorize City Manager to spend an additional $15,000.00 for planning services during the Community Development Director search.
Motion carried 7-0.

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

AGENDA ITEM NO. 10: Presentation by staff and McNayr Paque, LLC on ADA Self-Evaluation and Transition Plan.

Nancy McNayr presented a report regarding the City’s requirement to comply with the Self-Evaluation and Transition Plan of the Americans with Disabilities Act 1990. The ADA requires State and local governments with 50 or more employees to perform a self-evaluation of their current services, policies and practices that do not meet ADA requirements. Once identified, the public agency must develop a transition plan addressing the deficiencies.
The Self-Evaluation and Transition Plan would be accomplished in three phases:
Phase 1: Process and Procedures. This would include formatting the Transition Plan, adopting a grievance procedure, public notice and opportunity for public input.
Phase 2: Self-Evaluation. This would include data collection, evaluation and analysis and identification of required modifications.
Phase 3: Transition Plan. This would include setting priorities, cost estimates, funding sources and timing and scheduling.

Ms. McNayr indicated that the City is already working in Phase 1.

AGENDA ITEM NO. 11: Consider authorizing McNayr Paque to assist the City of Shawnee in the preparation of an ADA Self-Evaluation/Transition Plan at a cost of $10,000.00.

Ms. McNayr stated that the amount of $10,000 will cover the cost of Phase 1, as outline in Agenda Item No. 10.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to authorize McNayr Paque to assist the City of Shawnee in the preparation of an ADA Self-Evaluation/Transition Plan at a cost of $10,000.00. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Discuss Building Code Board of Appeals.

Chief Building Inspector Mike Cox discussed reestablishing the Building Code Board of Appeals. This board was created in 1986 but has been inactive for several years. Previously, the board consisted of five members and met as required to consider issues raised by citizens, contractors, architects and engineers regarding decisions made by the City of Shawnee building officials. Mr. Cox stated that there needed to be some mechanism in place to appeal decisions. He noted that as of date there is nothing set up to reverse or modify a decision made by the Building Official.

Commissioner Stephens commented that area contractors, developers, home-builders and architects need to be included in the process of establishing board policy.

AGENDA ITEM NO. 13 WAS PULLED TO BE CONSIDERED AT A LATER DATE.

AGENDA ITEM NO. 14: Consider confirming City Manager’s declaration of emergency concerning main break at Shawnee Milling Company.

Jim Bierd, Utility Director, indicated that the low bidder for this project was Jordan Contractors in the amount of $34,000. Due to using a different method to repair the problem, the repair project came in under that amount at $24,000.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to confirm the City Manager’s declaration of emergency concerning the Main break at Shawnee Milling Company. Motion carried 7-0.

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


AGENDA ITEM NO. 15: Consider Bids:

a. Brush Pumper skid load unit mounted on an aluminum flat bed body. (Award)

Due to unforeseen circumstances and time constraints it was requested by Fire Chief Jimmy Gibson to defer recommendation of Brush Pumper skid load unit mounted on an aluminum flat bed body until February 19, 2008 to allow for more research.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the bid for Brush Pumper skid load unit mounted on an aluminum flat bed body be deferred to February 19th, City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO.18: 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. 19: Administrative Reports

Under Administrative Reports, Fire Chief Jimmy Gibson gave a report concerning the smoldering product in the grain elevator at Shawnee Milling Company. The City Manager complimented Chief Gibson and Emergency Management Director Don Lynch for their attention to this issue.

The City Manager will give an update at the next regular commission meeting regarding the Sears Building.

AGENDA ITEM NO. 20: Commissioners Comments

Under Commissioner Comments, Vice Mayor Peterson asked when the Trails Master Plan would be presented. Dr. Collard stated he would check and let the Commission know.

Mayor Mills announced there would be a Wayfinding presentation at the February 19, 2008 meeting.

Mayor Mills also announced that 20 additional “Horse in the City” horses have been sold, with 10 more remaining to be sold.

Commissioner Holt asked about the status of repairs on the drive-thru customer service window. Don Lynch reported that a funding source for the project has been identified and demolition of the damaged overhang will begin this week.

Commissioner Young announced that February is “Black History” month. He invited everyone to the celebration February 17, 2008 at Calvary Baptist Church at 3:00 p.m.

Mayor Mills announced that 20 horses have been sold and has 10 more to go

Commissioner Schrzan thanked City Attorney John Canavan for securing funds for the parks.

Emergency Management Director Don Lynch announced that Dockery Park will be open on Saturdays in February to dispose of tree limb debris.

AGENDA ITEM NO. 21: 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 7-0. (10:00 p.m.)

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



_________________________
CHUCK MILLS, MAYOR

(SEAL)

ATTEST:

____________________________
PHYLLIS LOFTIS, CITY CLERK

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