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Date: 4/7/2008Board: City CommissionDocumentType: MinutesWeb Posted: 4/22/2008 1:50:04 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 7, 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, April 7, 2008 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 Absent
Commissioner Ward 3 Commissioner Ward 4

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

ABSENT: Young

INVOCATION REV. DAVID HENRY CALVARY BAPTIST CHURCH

FLAG SALUTE Chuck Mills

Presentation of Certificate of Appreciation to Rev. David Henry for offering the invocation at City Commission meeting.

AGENDA ITEM NO. 1: Consider approval of minutes from the March 24, 2008 meeting.

A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to approve minutes from the March 24, 2008 meeting as presented.


Motion carried 6-0.

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

AGENDA ITEM NO. 2: Swearing in of Billy J. Collier, Ward 4 Commissioner and Carl Holt, Ward 6 Commissioner, by Municipal Judge Robert H. Jones.

Municipal Judge Robert H. Jones conducted a swearing in ceremony of Ward 4 Commissioner, Billy J. Collier, and Ward 6 Commissioner Carl Holt.

RECESS (Fifteen minute reception for incoming commissioners)

RECONVENE (All Commissioners present)

AGENDA ITEM NO. 3: Consider approval of Agenda:

In consideration of the Agenda, it was requested that Agenda Item No. 22 regarding the Oklahoma Arts Council Grant be moved and considered after Agenda Item No. 10.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the Agenda as presented. Motion carried 7-0.

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

AGENDA ITEM NO. 4: 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. 29.

b. Transfer of Budget within a Department – SMA 501.

c. Transfer of Budget within a Department – General Fund Planning.

d. Acknowledge the following reports and minutes:

• Shawnee Civic and Cultural Development Authority minutes from February 21, 2008
• Sister Cities Council minutes from February 12, 2008
• Traffic Commission minutes from November 27, 2007
• Planning Commission minutes from March 5, 2008

e. Mayor’s Appointment’s:

Shawnee Housing Authority -Terms to expire 2/04/11

Mr. Don Monroe to re-place Mr. Harvey Valentine
Mr. Bryndon Manzer re-appointment
Mrs. Gladys Ellington re-appointment

f. Acknowledge refund of contributions from the Defined Contribution Plan for Jason Jefferson.

g. Acknowledge Workers Compensation Settlement in the amount of $49,473.60 to Rhonda Dennie.

h. Approve recommendation of Sister Cities Council officers for 2008.


i. Lakesite Lease Transfers:

• Lot 7, Belcher Tract, 15513 Nickens Road
To: C. and D. McQuitty
From: F. Collins

• Lot 1, Magnino A Tract, 17000 Magnino Road
To: W. Lohden
From: N. Rosson and E. Voight

j. Traffic Commission Recommendations from the March 25, 2008 meeting.

1. Consideration of request from Rick Boatman, 422 West Midland, Shawnee, OK 74804 to install two stop signs at the corner of Bryan and Walnut to stop north and south bound traffic on Bryan.

RECOMMENDATION: Board recommends approval.

2. Consideration of request from Bob Woods, 542 North Kickapoo, Shawnee, OK 74801 for the City of Shawnee to pay the monthly electric charge for having a street light placed by OG&E in the alley behind the residence at 542 North Kickapoo.

RECOMMENDATION: Board recommends deferral until which time it can obtain more information from citizen Bob Woods.

3. Consideration of request from Jack and Sue Holt, 1210 East Bradley, Shawnee, OK 74804, and Kyle and Amber Rudek, 1208 East Bradley, Shawnee, OK 74804, for the City of Shawnee to pay the monthly electric charge for having a street light placed by OG&E across from 1208 East Bradley on an existing utility pole.

RECOMMENDATION: Board recommends denial.

4. Consideration of request from Russell Reed, Shawnee, OK, for the City of Shawnee to pay the monthly electric charge for having a street light placed by OG&E at Acme Road and 45th Street on the southwest corner.

RECOMMENDATION: Board recommends approval.

Before voting on the Consent Agenda, Commissioner Schrzan requested that Agenda Item No. 2(g) and (i), be pulled for separate consideration.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve Consent Agenda Item No. 4(a)-(j)1-4, less 4(g) and (i), as presented. Motion carried 7-0.

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

Under Agenda Item No. 4(g), regarding acknowledgment of Workers Compensation Settlement to Rhonda Dennie, Commissioner Schrzan asked City Manager Jim Collard how this agenda item corresponded with Agenda Item No. 24, (consider authorizing City Manager to spend up to $20,000 to hire Crawford and Associates to assist with the Finance Department). Dr. Collard stated that there is no relationship between the two items. The Worker’s Compensation amount was awarded to Ms. Dennie after being appealed by the City. Commissioner Schrzan asked why the City was requesting to hire Crawford and Associates to do Ms. Dennie’s job. Dr. Collard replied that Ms. Dennie is no longer an employee of the City.
After a brief discussion, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to acknowledge item 4(g), Workers Compensation Settlement of $49,473.60 to Rhonda Dennie. Motion carried 7-0.

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

Under Agenda Item No. 4(i), regarding Lakesite Lease transfer Lot 7, Belcher Tract, 15513 Nickens Road, a motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to defer the consideration of the transfer until the April 21, 2008 City Commission meeting. Motion carried 7-0.

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

Commissioner Holt also requested that Agenda Item No. 4(i), regarding Lot 1, Magnino A Tract, 17000 Magnino Road be discussed. City inspector Mike Cox stated that a DEQ report was not submitted with the transfer application for this property and the City does not have that information on file. Mr. Walter Lohden, the future lessee, was present and informed the Commission of his plan to remove the existing cabin and rebuild in a different area of the lot. At that time he would install a new septic system. He further stated that Ms. Nina Rosson, the current lessee, has now given approval for him to begin the demolition of the cabin. Mr. Lohden requested 30 days in which to complete the demolition process.
A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to defer consideration of this transfer until the May 5, 2008 City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 5: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Under Citizens Participation, Mr. Jim Sims spoke regarding the Americans with Disabilities Act Transition Plan. He urged the Commission to regard the Oklahoma Department of Transportation as a friend.
Ms. Vicky Walls spoke regarding the difficulties disable persons have getting around Shawnee.
Mayor Mills invited both Mr. Sims and Ms. Walls to come to the Special Call Meeting scheduled for April 8th, to discuss proposed changes to the City’s sidewalk ordinance.

AGENDA ITEM NO. 6: Mayor’s Proclamation and Presentations:
“Joe Howard Day”
April 15, 2008
(accepted by Joe Howard)

Mayor Mills presented a Certificate of Appreciation to Mr. Harvey Valentine for his dedicated service to the Shawnee Housing Authority from July 2002 to February 2008. Mr. Harvey was present to accept.


AGENDA ITEM NO. 7: City Manager’s Presentation to Employee of the Month, Kevin Campbell, Emergency Management Department.

City Manager Jim Collard presented a certificate and plaque to Kevin Campbell, Emergency Management Department, as April employee of the month in recognition of his dedication and service to the City of Shawnee.
Mr. Campbell was present to accept.

AGENDA ITEM NO. 8: Presentation to Shawnee Police Department Officer of the Quarter, Officer Charles Swantek.

Police Chief Bill Mathis presented an Officer of the Quarter Award to Charles Swantek of the Shawnee Police Department for his service to the City of Shawnee. Officer Swantek was present to accept.

AGENDA ITEM NO. 9: Introduction of Shawnee 2008 student/teacher delegation exchange trip to Nikaho, Japan from July 29-August 5, 2008.

Cheryl Cowden of the Sister Cities Council introduced the 2008 student and teacher delegation to the City Commission. The selection included 14 students and 1 teacher, which are:

Grove NRC
Nicolette Chin Paige Fisher
Emma Patterson
Jeremy Richardson
Christina Roach
Kelsey Winterringer

Shawnee Middle School
Micheala Crossley
Josiah Dame
Elizabeth Keck
Karmen Lea
Meg Reeder
Jasmine Robinson
Bailey Thompson
Damaila Young

Also included in the group will be Shawnee Middle School teacher Pamela Hamman. The delegation will be leaving July 29th, and will return August 5, 2008.

AGENDA ITEM NO. 10: Consider progress made on improvements to property located at 1005 N. Union. (Owner: Annette Davis; Deferred from 01-07-08)

Mike Cox gave the staff report regarding this property. Mr. Cox reported that the house is secure and no further complaints have been received. Holly Johnson, the owner’s daughter, announced that there is a potential buyer for the property. She stated that the property had been scheduled for closing, but the buyer had questions regarding the demolition order on the property. City Attorney John Canavan stated that the City Commission should formally rescind the demolition order before the property can be sold.
The City Commission requested that an item be placed on the Special Call meeting scheduled for April 14, 2008 to consider rescinding the demolition order on property located at 1005 N. Union.

MAYOR MILLS ANNOUNCED THAT THE COMMISSION WILL DEVIATE FROM FORMAL AGENDA AND CONSIDER AGENDA ITEM NO. 22.

AGENDA ITEM NO. 22: Discuss and consider providing a one-time $5,000.00 match for an Oklahoma Arts Council Grant.

City Manager Collard recommended approval of this one-time match for the Oklahoma Arts Council Grant. He stated that the funds would be taken from the Hotel/Motel Tax Fund.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve a one-time $5,000.00 match for an Oklahoma Arts Council Grant. Motion carried 6-0-1.

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

THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA

AGENDA ITEM NO. 11: A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-2; Suburban Office for property located at 2019 E. MacArthur for use as a church. (Applicant: First Church of God) Case #P09-08
Mayor Mills declared a public hearing in session to rezone property located at 2019 E. MacArthur for use as a church.
Mayor Mills asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given by Nancy McNayr, who noted that the Planning Commission recommended approval of the rezoning. No others appeared and the public hearing was closed.
After due and careful consideration Ordinance No. 2345NS was introduced and read aloud.
ORDINANCE NO. 2345NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND DESCRIBED AS BEING A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTH-WEST CORNER OF SAID SECTION NINE (9); THENCE S88º11’20”E ALONG THE NORTH LINE OF SECTION NINE (9), A DISTANCE OF 331.47 FEET TO THE POINT OR PLACE OF BEGINNING; THENCE CONTINUING S88º11’20”E ALONG SAID NORTH LINE A DISTANCE OF 331.28 FEET; THENCE S01º02’10”W AND PARALLEL WITH THE WEST LINE OF SECTION NINE (9) A DISTANCE OF 636.07 FEET; THENCE N88º14’20”W A DISTANCE OF 331.28 FEET; THENCE N01º02’10”E AND PARALLEL WITH THE WEST LINE OF SAID SECTION NINE (9), A DISTANCE OF 636.35 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO; R-1; RESIDENTIAL, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2345NS be approved. Motion carried 7-0.
AYE: Schrzan, Peterson, Holt, Stephens, O’Neal, Mills, Collier
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2345NS duly passed and adopted.
AGENDA ITEM NO. 12: Consideration of approval of the preliminary plat for First Church of God located on MacArthur west of Bryan 2019 E. MacArthur (Applicant: First Church of God) Case #S13-08
The staff report was given by Nancy McNayr. The property to the east of this site has submitted a preliminary plat and will provide a 10’ utility easement along their west line to compliment the 10 foot utility easement on the east property line of this plat. Section (40.2.3.B) requires a 20 foot utility easement be provided along the perimeter of a subdivision when abutting unplatted property or a 10 foot utility easement if accompanied by a 10 foot off-site easement. Ms. McNayr noted that the property meets all subdivision regulations and recommends approval with the following Technical Issues:
1. Sidewalks – 6’ on MacArthur must be constructed as part of the public improvements.
2. A drainage report and hydraulic plan will be submitted for review. The note on the face of the Final Plat noting public dedications should be changed to “City Commission.”
3. Should the Preliminary Plat of Woodmore Addition (to the east) not be approved, this subdivision will be required to provide a 20’ utility easement on the east property line.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the preliminary plat of the First Church of God addition subject to Technical Issues 1-3. Motion carried 7-0.
AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None
AGENDA ITEM NO. 13: Consideration of approval of the final plat for First Church of God located on MacArthur west of Bryan 2019 E. MacArthur (Applicant: First Church of God) Case #S14-08
The property located on 2019 E. MacArthur is currently zoned A-1; Agriculture. The property to the east of this site has submitted a preliminary plat and will provide a 10’ utility easement along their west line to compliment the 10 foot utility easement on the east property line of this plat.
Technical Issues:
1. Sidewalks – 6’ on MacArthur must be constructed as part of the public improvements.
2. A drainage report and hydraulic plan will be submitted for review. The note on the face of the Final Plat noting public dedications should be changed to “City Commission.”
3. Should the Preliminary Plat of Woodmore Addition (to the east) not be approved, this subdivision will be required to provide a 20’ utility easement on the east property line.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve the final plat for 2019 E. MacArthur with Technical Issues 1-3. Motion carried 7-0.
AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None
AGENDA ITEM NO. 14: A public hearing for consideration of approval to rezone property from R-1; Residential to R-3; Multi Family Dwelling for property located at 1851 W. MacArthur (Applicant: Tom Bierd). Case #P10-08

During Staff review of this application, it was discovered that this property was rezoned from R-1; Residential to R-3; Automotive, Commercial & Recreation in 2002. Therefore, the application was withdrawn by the applicant. No action was taken.

AGENDA ITEM NO. 15: A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption in C-3 zoning district for property located at 3900 N. Harrison (Applicant: Sherri Jennings). Case #P11-08
Mayor Mills declared a public hearing in session to consider a Conditional Use Permit for property located at 3900 N. Harrison.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the Conditional Use Permit to allow for the sale of beer and alcohol.
The subject site is the location of a sports bar and grill. The City has approved a Conditional Use Permit for at least three previous owners/operators of the restaurant. Staff recommends approval of the request for the sale of beer and alcohol for on-premise consumption at this location upon all required state and local permits being received by the new store owners.
No one appeared and the public hearing was closed.
After due and careful consideration Ordinance No. 2346NS was introduced and read aloud.
ORDINANCE NO. 2346NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT : A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 7.55 ACRES OF BLOCK W. ARMOURDALE ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE SOUTH 200 FEET; THENCE WEST 300 FEET; THENCE NORTH 200 FEET; THENCE EAST 300 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM C-3 ; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”


A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, that the Title and Section 1 be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2346NS duly passed and adopted.
AGENDA ITEM NO. 16: A public hearing for consideration of approval of a Planned Unit Development (PUD) of Majestic Dominion Properties, a revised PUD of Howard E. Tommie Enterprises for property located on Harrison north of Transportation Parkway (Applicant: Majestic Dominion, Inc.) Case #P12-08
Nancy McNayr announced that the Planning Commission deferred their recommendation of this item until the April 23, 2008 Planning
Commission meeting. This was done to allow the developer the opportunity to submit an amended PUD document and Master Plan, with deficiencies corrected or clarified for staff. Therefore, she requested that the City Commission defer consideration of this rezoning until the May 5, 2008 City Commission meeting.
A motion was made by Commissioner Holt, seconded by Commissioner Stephens, to defer this item until May 5, 2008. Motion carried 7-0.

AYE: Holt, Stephens, Schrzan, O’Neal, Mills, Collier, Peterson
NAY: None
AGENDA ITEM NO. 17: Consideration of approval of the preliminary plat for Majestic Dominion for property located on Harrison north of Transportation Parkway. (Applicant: Majestic Dominion, Inc.) Case #S15-08


A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to continue the consideration of the preliminary plat, for the reasons stated in Agenda Item No. 16, until the May 5, 2008 City Commission meeting. Motion carried 7-0.

AYE: Peterson, O’Neal, Mills, Collier, Holt, Stephens, Schrzan
NAY: None
AGENDA ITEM NO. 18: A public hearing for consideration of approval of Planned Unit Development (PUD) of Bryan Street Development, an amended PUD Fidler Properties for property located on the NW corner of Independence & Bryan (Applicant: Bryan St. Development) Case #P13-08
Ms. McNayr stated this overall land use proposal and PUD amendment is in general conformance with the Comprehensive Plan. However, there are a significant number of deficiencies related to the Master Plan Map and the PUD document. The Planning Commission deferred this item to the April 23rd Planning Commission meeting.
A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to defer consideration of Planned Unit Development for Fidler Properties until the May 5, 2008 City Commission meeting. Motion carried 7-0.

AYE: Schrzan, Holt, Stephens, O’Neal, Mills, Collier, Peterson
NAY: None
AGENDA ITEM NO. 19: Consideration of approval of the preliminary plat for Bryan Street Development for property located on the NW corner of Independence & Bryan (Applicant: Bryan St. Development) Case # S16-08
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to continue on May 5, 2008 City Commission meeting. Motion carried 7-0.

AYE: Schrzan, O’Neal, Mills, Collier, Peterson, Holt, Stephens
NAY: None
AGENDA ITEM NO. 20: Consideration of approval of the preliminary plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore) Continued from March 24, 2008 Case #S10-08

Ms. McNayr stated that the applicant would be providing additional information regarding this preliminary plat to the Planning Commission at their May 7, 2008 meeting. She requested the City Commission defer this matter until May 19, 2008
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to defer consideration of this item until the May 19, 2008 City Commission meeting. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None
AGENDA ITEM NO. 21: Consideration of approval of the final plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore) Continued from March 24, 2008 Case #S11-08

The Planning Commission deferred this item to their May 7, 2008 Planning Commission meeting.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to defer consideration of the final plat for Woodmore Addition until May 19, 2008 City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 23: Consider recommendation to award contract on Municipal Pool Assessment and Design.

James Bryce, Parks & Cemetery Superintendent, is requesting to enter into a contract with Water Technologies Inc. on Municipal Pool Assessment and Design in the amount of $10,500, with reimbursable expenses not to exceed $1,200, for a maximum Phase 1 total of $11,700.
Phase I-Assessment and Conceptual Design will consist of the following:
a. Facility Evaluation
b. Programming and Options
c. Options and Conceptual Design

The option to proceed with Phase II could be delayed and revisited at a later time based upon the results of Phase I. The contract amount for Phase II will need to be renegotiated before continuing. Funding for the contract would come out of the Parks Department Capital Outlay Account.

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve contract with Water Technologies Inc. in the amount of $11,700 for Phase I of the Municipal Pool Assessment and Design. Motion carried 7-0.

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

AGENDA ITEM NO. 24: Discuss and consider authorizing City Manager to spend up to $20,000 to hire Crawford and Associates on an as-needed hourly basis to assist the Finance Department.

City Manager Jim Collard cited the recent resignation of Treasurer/Finance Director Neva Treiber as the reason for this request. A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to authorize City Manager to spend up to $20,000 to hire Crawford and Associates on an as-needed hourly basis to assist the Finance Department.

Motion carried 6-0.

COMMISSIONER STEPHENS NOT PRESENT FOR VOTE

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

AGENDA ITEM NO. 25: Discuss and consider the next step(s) in the recommendations presented to the Commission in November 2007 as a result of citizen input sessions coordinated by Mike Hengel, Mike McCormick, and Bill Ford.

Vice Mayor Peterson requested this item be placed on the agenda in response to a presentation made to the City Commission at a November 2007 City Commission meeting by a group of interested citizens. This group listed topics for further discussion as follows:

1. Recreation
2. Roads/streets
3. Water
4. Code Enforcement/Development Code
5. Work Force/Economic Development
6. Railroad
7. Government Communications

The Vice Mayor suggested that these topics be divided among the Commissioners, who would then coordinate public listening sessions with interested citizens on these topics. At the conclusion of these input sessions, updates would be provided to the other commissioners and to the public regarding the status of the projects, priorities and future direction.
Commissioner Schrzan questioned the need for additional meetings and asked why this could not be accomplished during regular City Commission meetings. Vice Mayor Peterson replied that regular meeting agendas are usually too full to allow the addition of these topics. Commission Collier noted that it was important for the City to put forth the effort and give interested citizens the opportunity to be heard.
After a lengthy discussion, no action was taken on this item.


ADENDA ITEM NO. 26: Update from City Manager on FY2008-2009 budget process.

Dr. Collard presented a progress report to Commissioners on the FY 08-09 budget that staff has been working on for several weeks. Dr. Collard is recommending a change in the allocation of the third penny sales tax relating to streets. He is proposing that the Street Fund allocation be reduced 8% from 43.75% to 35.75%; those funds would be reallocated to give Economic Development an additional 4% and also increase the Capital Improvement Fund an additional 4%.
The Commission reviewed information during this budget overview concerning budget projects for the current fiscal year, eight year polynomial and sixteen year polynomial and linear projections.
Dr. Collard also explained accrued compensated absences and noted that Commissioners will be deciding at what percentage to fund this account.
Commissioners were provided a draft copy of the Capital budget worksheet showing line items for General Construction, Street Construction, Water/Sewer Construction, Major Equipment needs and Minor Equipment needs.
The Commission will begin a series of budget workshops on Monday, April 14, 2008, and staff will continue with budget meetings until the final budget is ready to be presented for approval.

AGENDA ITEM NO. 27: Discuss and consider vesting requirements for department heads.

Dr. Collard presented this item by explaining the difficulty cities are having in filling department head positions because of 7 – 10 year vesting requirements. Currently, the cities of Ardmore, Guymon and Mannford have lowered their vesting requirements. Jodi Cox, with the Oklahoma Municipal Retirement Fund, will make a full presentation to the Commission regarding this issue at the April 21, 2008 meeting.

AGENDA ITEM NO. 28: Acknowledge receipt of proposal for Right-of-way Acquisition and Appraisal Services for the Kickapoo Street Paving Project from MacArthur Street to the Kickapoo Spur.

The City Commission acknowledged the receipt of proposals for the Kickapoo Street Paving Project from MacArthur Street to the Kickapoo Spur. City Engineer John Krywicki will review the proposals and decide which firms to interview. At the April 21, 2008 City Commission meeting, Mr. Krywicki will bring back a recommendation and seek authorization to negotiate a contract. The final contract agreement will be presented at the May 5, 2008 meeting.

AGENDA ITEM NO. 29: Consider Bids:

a. Water and Wastewater Rate Fee Study Proposal (Award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal to award Water and Wastewater Rate Fee Study Proposal bid to Municipal Finance Services for the amount of $18,500 with additional expenses not to exceed $2000. Any work requested by the City that is outside of the scope of the proposal will be $150 per hour. Motion carried 7-0.

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

b. Water Treatment Sludge Removal (Open)

Three bids were received for Water Treatment Plant Sludge Removal. They were read into record.

BIDDER AMOUNT

Terra Renewal
Russellville, Arkansas $508,251.18

Nutri Ject Systems, Inc.
Waterloo, Iowa $399,648.00

Sludge Technology, Inc.
Muskogee, Oklahoma $604,000.00

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

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

AGENDA ITEM NO. 30: 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. 31: Administrative Reports

Don Lynch, Emergency Management Director, gave a weather update. A large part of the state was experiencing severe thunderstorms.

AGENDA ITEM NO. 32: Commissioners Comments

Under Commissioners Comments, Mayor Mills again reminded citizens of the meeting on April 8th to discuss sidewalks.
Commissioner Stephens congratulated newly sworn-in Commissioners Holt and Collier.
Commissioner Holt said he had received some positive comments about Shawnee from some 6th, 7th and 8th grade students from Vian.
Commissioner O’Neal asked if there were obstacles in the event Neva Treiber wanted to return to her job. She also said that she received a call from a lake resident who had not received an inspection on their lake lease property in over a year.
Commissioner Schrzan said he received a call from the current owner of the Sears Building wondering why he has to bring the building up to code when the City didn’t have to when they owned it.
Vice Mayor Peterson asked whether the zoning should be changed for buildings in the downtown area in which people are residing. She would like to see this issue addressed in the development code.

AGENDA ITEM NO. 33: Adjournment

There being no further business to be considered, a motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried 7-0. (9:42 p.m.)

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


_________________________
CHUCK MILLS,
MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS, CITY CLERK

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