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Date: 2/19/2008Board: City CommissionDocumentType: MinutesWeb Posted: 3/4/2008 9:18:40 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 19, 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, Tuesday, February 19, 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. MILO STEFFEN
FIRST CHRISTIAN (DISCIPLES)

FLAG SALUTE Mayor Mills


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. 17.

b. Minutes from the February 4, February 8, and February 11, 2008 meetings.

c. Budget Amendment and Appropriation of Available fund Balance in General Fund from applied for FEMA and state grants to ice storm debris clean-up.

d. Acknowledge the following reports and minutes:
• Planning Commission Minutes from January 2, 2008
• Shawnee Urban Renewal Authority Minutes from December 4, 2008
• Sales Tax Collections Report through February 2008

e. Acknowledge Oklahoma Municipal Retirement fund refund of contributions from the Defined Contribution plan for Jerry Sharp.

f. Authorize staff to advertise for Request for Qualifications (RFQ) for insurance broker.

g. Authorize staff to advertise for Request for Qualifications (RFQ) for water rate study.

h. Authorize staff to request proposal for Right-of-Way acquisition and appraisal service for Kickapoo Paving Project (MacArthur to the Kickapoo Spur.)

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

j. Approve out of state travel for Corporal Bricen Mohr and Officer Aaron Laster to Detroit/Ann Arbor, Michigan, February 18-21, 2008, for Use of Force Simulator training.

k. Approve out of state travel for Sergeant Scott Hill and Sergeant Rick Greenland to Plano, TX, April 14-18, 2008, for Basic Police Supervision Course.

l. Approve out of state travel for Scott Bachhofer to attend the Technician Certification Training to be held in Owensboro, Kentucky, March 10-13, 2008.

Before voting on the Consent Agenda, Vice Mayor Peterson requested that Consent Agenda Items No. 2(a, c, and h) be pulled for separate consideration. Commissioner Schrzan requested 2(f) be pulled as well.

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

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

Under Agenda Item No. 2(a) regarding the bid for the Municipal Auditorium Sprinkler System, Vice Mayor Peterson stated that she had been contacted by someone who felt that the City’s bonding requirements for this project were excessive. City Engineer John Krywicki explained that those bonds were required by state law for any bid over $50,000.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve 2(a), regarding bids to be opened and/or awarded. Motion carried 7-0.

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

Under Agenda Item No. 2(c) concerning the budget amendment for debris cleanup, Vice Mayor Peterson asked about the costs of the debris clean-up. Don Lynch gave an update to the Commission regarding estimated costs. Mr. Lynch said the total cost of the debris cleanup and removal may be $700,000. Mr. Lynch reminded everyone that FEMA will reimburse the City for 75% and the State of Oklahoma will reimburse the City for 12.5% of the total clean-up costs.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the Budget Amendment and Appropriation of Available Fund Balance in General Fund from applied for FEMA and state grants to ice storm debris clean-up.

Motion carried 7-0.

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

Under Agenda Item 2(f), there was discussion concerning authorization to advertise for Request for Qualifications for insurance broker. Commissioner Schrzan had questions regarding why the Human Resources Department needed to use a broker to obtain insurance quotes. He also stated that he felt like the decision should remain at staff level and not be given to Commissioners. Human Resources Director Kellie Howard replied that it was her understanding that bids were to be taken this year and presented to the Commission for approval. She also stated that if the Commission did not want to hire a broker, her staff could assume those duties if directed. Ms. Howard explained that an insurance broker was a one-time service hired to help in locating the best insurance that fits the City’s requirements. An agent-of-record is a broader service that also acts in this capacity, but additionally would handle insurance sign-ups as well as process claims for employees. There was also discussion concerning the difference between Request for Qualifications and Request for Proposals.
Commissioner Schrzan made a motion to deny staff’s authorization to advertise for Request for Qualifications for insurance broker. Motion dies for lack of a second.
A motion was made by Commissioner Holt, seconded by Commissioner Young, to defer this matter until February 25, 2008. Motion carried 7-0.

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

Under Agenda Item No. 2(h) concerning the memo from City Engineer John Krywicki about the RFP’s for Right-of-Way Acquisition and Appraisal Services, Vice Mayor Peterson noted that the date of the Commission meeting should be March 24th instead of March 17th. A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to change due date for RFP’s from March 17, to March 24, 2008. Motion carried 7-0.

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

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

Prior to any citizen speaking, Mayor Mills cautioned the audience that this agenda item should not be used to denigrate a Commissioner, city official or employee. It is provided to citizens as a means to discuss city issues rather than to focus on criticism of any individual.
Under Citizens Participation, Jeannetta Townes had a question regarding the consequences of city officials breaking the law. Mayor Mills responded that any specific instances should be reported to the City Attorney. She also had questions about the city’s stance regarding the arbitrator’s ruling on the I.U.P.A. contract, and how much the City has spent in attorney fees.
Dan Courley informed everyone of a western re-enactment group in Shawnee. They will meet at 7:00 on Tuesday evenings.
Kate Joyce, Senior Center Director, asked about the City’s position regarding public/private partnerships and corporate sponsorships in naming buildings. Mayor Mills informed her that the City was in favor of both.

AGENDA ITEM NO. 4: Staff report on property located at 1316 E. Fay.

On January 22, 2008, the property owner was given thirty days to clean the trash and debris from the property and ninety days to obtain permits and begin bringing the property up to code.
Chief Building Inspector Mike Cox provided pictures to the Commission that showed that the property had now been sufficiently cleared of debris.

AGENDA ITEM NO. 5: Consider approval of final plan from Wayfinding study.

Gordona Rowell addressed the Commission regarding this project. She gave a brief history of the project and reminded Commissioners that final design implementation is the next step. Ms. Rowell discussed the names assigned to the districts and the destination names included on the signs, stating that these names can be changed or adjusted.
Ms. Rowell stressed that this is a City project, but stated that the Convention and Visitor’s Bureau would be willing to take on certain aspects. The Commission discussed making this a three-year project, budgeting annually for each project phase.
A motion was made by Commissioner Stephens, seconded by Commissioner Young, to approve the final plan from Wayfinding study. Motion carried 7-0.

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

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property at 2025 E. MacArthur from A-1; Agricultural to C-3; Automotive, Commercial and Recreation for Commercial use. (Deferred from 12/17/07 and 01/07/08)

Nancy McNayr gave the staff report and announced that the matter had been continued by the Planning Commission until their March 3, 2008 meeting. At that time the Planning Commission will consider the rezoning, the preliminary plat and the final plat of this property.
Vice Mayor Peterson cautioned not to compare this business with other businesses in the area that were annexed in.
A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to defer rezoning of this property to the March 24, 2008 City Committee meeting.

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

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property at 712 E. Highland from R-1; Residential to C-3; Automotive, Commercial and Recreational. (Deferred from 01/07/08)

Staff report was given by Nancy McNayr. She advised that this matter has been deferred by the Planning Commission to their May 7th meeting. It was noted that the applicant had purchased the property south of his car dealership and began using that area to enlarge his car lot. No application for zoning change was obtained from the City prior to this action by the owner. At this time, the owner is still utilizing the subject area without the proper zoning in place. Ms. McNayr stated that she would ask the City’s building inspector to direct the owner to remove the cars on the property and to place a barrier between the properties until this zoning issue had been completed.
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to defer rezoning request of property located at 712 E. Highland until after the May 7, 2008 Planning Commission meeting. Motion carried 6-0-1.

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

AGENDA ITEM NO. 8: Consider agreement between the City of Shawnee and the Oklahoma Department of Transportation for the construction of an industrial access road.

City Engineer John Krywicki reported that this agreement is for the construction of an Industrial Access Road to serve Vanguard Stimulation Services. The Oklahoma Department of Transportation has approved $250,000 for this project and will provide the funds to the City of Shawnee for this use.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the agreement between the City of Shawnee and the Oklahoma Department of Transportation for the construction of an industrial access road. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider the agreement between Vanguard Stimulation Services, LLC and the City of Shawnee.

Mr. Krywicki explained that this agreement is for the installation of water and sanitary sewer public improvements at Vanguard Stimulation Services. The City Commission previously approved funding the amount of $125,000 for these improvements. A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve the agreement between Vanguard Stimulation Services, LLC and the City of Shawnee for the amount of $125,000. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider a proposal from Enerfin Resources to secure an easement across City of Shawnee owned property.

Enerfin Resources is requesting the City of Shawnee sell them an easement to cross 203 feet of City owned property. Enerfin is proposing to install a new 3-inch Polyethylene Pipeline and connect to their existing 8- inch line for the delivery of natural gas. Provided was an aerial photo depicting the location and for granting the easement Enerfin Resources will pay the City $750.00.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to accept proposal from Enerfin Resources to secure an easement across City of Shawnee owned property. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider an ordinance reducing the time animal control may hold unlicensed cats and dogs from three (3) working days to two (2) working days and allowing animal control to dispose of seriously injured animals or diseased and infectious animals sooner.

This agenda item was previously consider by the Commission and returned to staff for language clarification. Police Chief Bill Mathis explained that the word “shall” had been changed to “may” in the ordinance which would which would allow animal welfare officers to dispose of injured or diseased animals within two days, which retaining the right to keep adoptable animals longer.

Ordinance No. 2339NS was introduced and read aloud.

ORDINANCE NO. 2339NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL: AMENDING SECTION 5-179, DIVISION 4 ARTICLE III OF CHAPTER 5 AND SECTION 5-308, DIVISION 3, ARTICLE IV OF CHAPTER 5, BOTH OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA, AMENDING THE AMOUNT OF TIME ANIMAL CONTROL WILL HOLD AN IMPOUNDED DOG OR CAT THAT DOES NOT HAVE A CITY LICENSE TAG FROM 72 HOURS TO 48 HOURS; CREATING A NEW SECTION OF LAW TO BE CODIFIED AS SECTION 5-52, ARTICLE II OF CHAPTER 5 OF THE CITY OF SHAWNEE, OKLAHOMA, ALLOWING THE ANIMAL CONTROL OFFICER TO EUTHANIZE AN ANIMAL AS QUICKLY AS POSSIBLE IF THE OWNERS HAVE NOT BEEN LOCATED AND THE ANIMAL HAS A LIFE-THREATENING INJURY OR CONTAGEOUS OR INFECTIOUS DISEASE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that the Title and Section 5 be approved. Motion carried 7-0.

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

A motion was made by Commissioner Holt, seconded by Commissioner Young, that Section 5, the emergency clause, be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2339NS and the emergency clause duly passed and adopted.

AGENDA ITEM NO. 12: Discuss and consider funding options and location for skate park.

The discussion regarding this item included the consensus that the previous appraisal of the proposed skate park property on Center Street appears to be too high and that another appraisal is warranted.
Mayor Mills provided samples of ramp material from American Ramp Company. He also showed different challenge elements that could be added to the project. He quoted the cost from American Ramp Company as $58,000 – 60,000 installed, which does not include the concrete pad or land costs. Mayor Mills is hoping a concrete company will donate the concrete needed for the pad. The Commission discussed the plan to phase in different elements in the future. A Tony Hawk Grant could be applied for which would allow additional enhancements.
City staff was directed to obtain another appraisal on the property.

AGENDA ITEM NO. 13: Discuss and consider funding of the terminal building at the Shawnee Regional Airport.

Assistant Airport Manager Rex Hennen reported that the Oklahoma Aeronautics Commission (OAC) has selected Shawnee as the “pilot site” for a new program to upgrade general aviation terminal buildings. The OAC has approved Shawnee for a 50/50 matching grant for the construction. The share for both the OAC and Shawnee is $275,000 for a total project fund of $550,000. Of Shawnee’s share, $210,000 will be available within the next few months from the sale of airport property to Oklahoma Baptist University and the Shawnee Little Theatre. There remains $65,000 which is needed for the matching funds. Shawnee Regional Airport is in the process of selling another parcel of airport property to Metro Mart convenience store. However, Federal Aviation Administration approval is required for this sale and the process may take up to six months to complete. In order to expedite the grant process, staff requests that the City fund the $65,000 as soon as possible. Upon F.A.A approval of the Metro Mart sale, those funds will be reimbursed to the City of Shawnee.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve providing to Shawnee Regional Airport $65,000 to be used for matching grant funds; these funds to be provided from the City of Shawnee’s Capital Improvement Projects Fund. Motion carried 7-0.

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

AGENDA ITEM NO. 14: Discuss and consider application for Foreign Trade Zone at the Shawnee Regional Airport.

Assistant Airport Manager Rex Hennen is requesting approval for the Shawnee Regional Airport partner with the Shawnee Economic Development Foundation to submit an application to designate the airport as a Foreign Trade Zone. The Shawnee Economic Development Foundations has committed funds to pay for the $2,000 application fee.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve application for Foreign Trade Zone at the Shawnee Regional Airport. Motion carried 7-0.

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

AGENDA ITEM NO. 15: Consider Amendment Number 2 to the LBR contract dated September 18, 2007, for the performance of a Preliminary Engineering Report for the Parallel Taxiway and Runway Rehab projects at the Shawnee Regional Airport.

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to defer consideration of this agenda item until the March 3, 2008 meeting.

Motion carried 7-0.

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

AGENDA ITEM NO. 16: Consider agreement with A T & T for enhanced 911 equipment.


Emergency Management Director Don Lynch informed the Commission that this agreement covers the equipment, database and trunked telephone lines for the Public Safety Answering Point. Mr. Lynch also provided the option of A.T. & T owned equipment vs. City owned equipment for consideration. Mr. Lynch recommended the directed hosting option as opposed to the City purchasing the equipment. Under the directed hosting option, A.T.& T. will be responsible for maintenance and upgrading of the equipment.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve service agreement with AT&T with directed hosting option as opposed to purchasing equipment outright. Motion carried 7-0.

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

AGENDA ITEM NO. 17: Consider Bids:

a. Brush Pumper skid load unit mounted on an aluminum flat bed body. (Award - Deferred from February 4, 2008)

A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to award the Brush Pumper skid load unit mounted on an aluminum flat bed body to 1st Due Emergency Response Solutions, LLC, Bartlett, Kansas, in the amount of $27,118.00 as the lowest and best bid. Motion carried 7-0.

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

b. ODOT Tree Grant Proposal (Open)

BIDDER AMOUNT

Keathly’s Nursery
Ponca City, OK $33,750.00

Western Lawns
Bethany, OK $45,195.00

Norhtcutt Nursery
Lexington, OK $34,606.00

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to defer bids to staff for review and recommendation at the next City Commission meeting. Motion carried 7-0.

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

c. Westech Road Widening Project (Open)

BIDDER AMOUNT

CP3 Enterprises, Inc.
Maud, OK $650,891.93

N C C
Oklahoma City, OK $644,868.00


Tom Hudson Paving, Inc.
Guthrie, OK $567,476.46

Silver Star Construction
Moore, OK $588,160.00

S A C Services Inc.
Oklahoma City, OK $688,450.11

Bishop Paving Co., Inc.
Oklahoma City, OK $597,441.00

Shell Construction Co., Inc.
Oklahoma City, OK $737,333.00

Engineering Estimate: $523,000.00

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to defer bids to staff for review and recommendation at the next meeting. Motion carried 7-0.

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

d. Municipal Auditorium Fire Sprinkler and Alarm System (Open)


BIDDER AMOUNT

Superior Fire Protection
Chris Bond $148,944.00

Budgeted Amount: $100,000.00

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to defer bids to staff for review and recommendation at the March 3, 2008 meeting. Motion carried 7-0.

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

e. Renovation of Water Department Walk-up Customer Service Window (Open)

Concerning the Customer Service window project, one bid was received and read aloud.

BIDDER AMOUNT

Buoy Brothers Construction Co. $21,960.00

City Clerk Phyllis Loftis reported that this bid falls under the amount budgeted for this project and requests the bid be awarded to Buoy Brothers Construction Co.

A motion was made by Commissioner Young, seconded by Commissioner Holt, to award bid for Renovation of Water Department Walk-up Customer Service Window to Buoy Brothers Construction Co., Shawnee, Oklahoma, in the amount of $21,960.00. Motion carried 7-0.

AYE: Young, Holt, Stephens, Schrzan, O’Neal, Mills, Peterson
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, Treasurer Neva Treiber reported to the Commission that staff is currently working on an Ordinance to be considered at the next regular meeting which will raise the purchasing limit to $25,000 before competitive bids are required.
Don Lynch reported that the overhang above the customer service drive-thru window is in good shape and will be opened within a few days. Material has been ordered for refacing the structure.
City Manager Jim Collard reported on the Sears Building. He informed the Commission that in 2004 the City had solicited Request for Proposals in an attempt to sell the building, but none were received. In late 2006, the City of Shawnee transferred the building’s lease to the Shawnee Urban Renewal Authority who, in January of 2007, then sold the building to David Johnson for $1.00. Mr. Johnson had proposed to the City to construct an indoor classic auto showroom on the premises. Mr. Johnson sold the property to Raine Investment Properties for $47,000, who later sold the property to Gary Baugh in the amount of $125,000.
It was noted that for future sales of city buildings, consideration should be given to establishing performance standards for buyers.

AGENDA ITEM NO. 20: Commissioners Comments

Under Commissioners Reports, Mayor Mills reported that Representative Mary Fallin will be in Shawnee tomorrow, February 20th, to present a check to the Urban Warfare Center. She will also be speaking at Kiwanas.
Mayor Mills further announced the Shawnee Chamber of Commerce banquet is set for February 21st at 7:00.

Commission Holt inquired about the street lights on Airport Dr. City Engineer John Krywicki informed him that O.G.&E is designing the project and it will be referred to the Beautification Committee.

Vice Mayor Peterson mentioned several nuisance and/or zoning issues she would like staff to check on:

1. A storage building on Harrison Street in which motor homes, boats etc. are parked.
2. Property on Wallace, east of Harrison, which has not complied with the requirements of their rezoning.
3. A motor home parked behind private property at Independence and Harrison Streets.

AGENDA ITEM NO. 21: Adjournment

There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 7-0. (9:40 p.m.)

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



_________________________
CHUCK MILLS, MAYOR

(SEAL)

ATTEST:

____________________________
PHYLLIS LOFTIS, CITY CLERK





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