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Date: 6/2/2008Board: City CommissionDocumentType: MinutesWeb Posted: 7/17/2008 12:11:57 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 2, 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, June 2, 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-Vice Mayor Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. Leroy Kerbo
Oak Park Church of God

FLAG SALUTE Mayor Chuck Mills

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Agenda as presented. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
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. 12.

b. Minutes from the May 19, 2008 meetings.

c. Transfer of Budget between Departments General Fund 001

d. Budget Amendment Capital Improvement Fund 301

e. Transfer of Budget within a Department General Fund 001

f. Budget Amendment Transfer within Department Capital Improvement Fund 301.

g. Budget Amendment Street Improvements Fund 302.

h. Acknowledge the following reports and minutes:

• Traffic Commission minutes from April 22, 2008
• Sales Tax Collections through May 2008(corrected from 5/19/08)

i. Approve renewal of video production agreement with Shaugnessy Group, L.L.C., d/b/a Shawnee CTV.

j. Approve agreement with the Independent School District No. 93 for the placement of police officers in schools for increased security.

k. Lakesite Lease Transfer

Lot 1, Mosler Tract 16200 Archery Range Road
To: M. Azimi
From: G. S. Brown

l. Approve Traffic Commission recommendation from the May 27, 2008 meeting.

• Consider request from staff and Shawnee Early Childhood Center, 1831 Airport Drive, Shawnee, Oklahoma to install two flashing school zone signs on Airport Drive by the Shawnee Early Childhood Center.

RECOMMENDATION: Board recommends approval.

Before voting on the Consent Agenda, Commissioner O’Neal requested that Consent Agenda Item No. 2(c) concerning the Transfer of Budget between Departments General Fund 001, be considered separately.
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Consent Agenda (a-l), less (c), as presented. Motion carried 7-0.

AYE: Peterson, Holt, Stephens, Schrzan, O’Neal, Mills, Collier
NAY: None
In regard to Agenda Item No. 2(c), Commissioner O’Neal made a statement regarding her displeasure with transferring money to the Police Department to pay for legal fees. She stated she would approve this transfer but would not approve any future transfers for legal fees. Gang activity in her ward, water and sewer rate increases and her requests for a traffic light at Bell and Farrall streets were among other items included in her statement.
Police Chief Mathis responded to her statements regarding legal fees and gang activity. City Manager Jim Collard reminded Commissioner O’Neal of the City’s unsuccessful attempts to obtain permission for the traffic light from the Oklahoma Department of Transportation.
Vice Mayor Stephens stated that Commissioners are aware of issues within the Police Department and will address then, but noted that the Police Chief is not employed by Commissioners.
A motion was made by Commissioner O’Neal, seconded by Commissioner Collier, to approve Transfer of Budget between Departments General Fund 001. Motion carried 7-0.

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

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

Mike Little addressed the Commission regarding his requirement to install a six foot sidewalk on Highland Street. The City’s current ordinance requires six foot sidewalks on all arterial and collector streets. Mr. Little asked the City for occupancy permits for the houses he has constructed on Highland Street and to grant a variance for the four foot sidewalk he has already installed on Highland Street. Mr. Little stated that he would like the Commission to give him some direction. Because this request was made under Citizens’ Participation and was not an agenda item for consideration, the City Commission could take no action. Mr. Little stated that he would take the matter to District Court.
Jeanetta Townes asked if the City Commission denied a zoning application of a black man recently because they were trying to keep him from starting a business. She was referring to a recent zoning application from Robert Woodmore regarding property located at 207 E. 45th. She was informed that the zoning application had not been approved or denied but was going to be reconsidered at a future meeting.
Linda Agee addressed Agenda Item No. 8 relating to proposed ordinance changes at Shawnee Twin Lakes. City staff has worked with the Shawnee Twin Lakes Association regarding these ordinances. However, Ms. Agree wanted to point out that two of the ordinance changes concerning bow hunting and trot-line or jug-line fishing had not been suggested by the lake association.
Benny Burnett spoke representing local bow hunters. Among other reasons, he noted the need to control deer herds to protect citizens from traffic accidents. He is requesting that bow hunting be permitted at the lake.
Rocky Barrett addressed the Commission and Jeanetta Townes regarding her earlier comments regarding the zoning request of Robert Woodmore. Mr. Barrett had spoken at the May 19th Commission meeting regarding his opposition of the rezoning. At this meeting, Mr. Barrett stated that he felt compelled to speak up because Ms. Townes was inferring that the issue of race was a factor. He informed Ms. Townes that that was not the truth.
Jimmy Wagner spoke regarding the abuse of fishing on Walker Road and the need to increase fishing fees for non-residents of Shawnee.

AGENDA ITEM NO. 4: Mayor’s Proclamation:

“Jason Tyler Day”
June 21, 2008
(accepted by Jason Tyler)


AGENDA ITEM NO. 5: City Managers presentation to Employee of the Month, Diane Beesley, Payroll Officer in the Finance Department.

City Manager Jim Collard presented a plaque and gift certificate to Diane Beesley, Payroll Officer, as the June employee of the month, in recognition of her dedicated services to the City of Shawnee. Ms. Beesley was present to accept.

AGENDA ITEM NO. 6: Presentation from Tom Terry and Nancy Ford on the park located at Main and Broadway.

Mr. Tom Terry presented the design for the park located at the corner of Main and Broadway streets. The park will consists of native plants, grasses, flowers and trees. A small stage will be constructed and picnic tables will be included. He stated that it would begin in June and be completed by the end of the year.
The City’s portion of the project is $3800 and is available in the Parks Department budget.

AGENDA ITEM NO. 7: Public hearing and consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2008 through June 30, 2009 finding all things requisite and necessary have been done in preparation and presentation of budget.

Mayor Mills declared a public hearing in session to consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2008 through June 30, 2009.
City Manager Jim Collard gave the staff report and explained to Commissioners that the budget as presented shows $100,000 allocated to the Shawnee Economic Development Foundation. This is in addition to $100,000 that has been given to SEDF for many years. The additional allocation will be taken from monies previously budgeted for Wayfinding implementation. The amount of $20,000 earmarked for municipal courtroom renovations has been reallocated to Wayfinding implementation.
The budget also includes $70,000 from ending balances which could be used for a retail analysis if approved by Commissioners.
The budget reflects $500,000 for the operation of the Expo to the Shawnee Civic and Cultural Development Authority, with an additional $100,000 provided to them for capital projects.
All skate park allocations have been removed from the FY 08-09 budget with the intention of using ending fund balances from FY 07-08 to fund the project. Any remaining fund balances at the end of FY 07-08 will be rolled over to FY 08-09.
Dr. Collard also stated that no money would be taken from the Street Fund.
Referring to the retail analysis, Commissioner Collier suggested that the decision to fund it be deferred until after SEDF has hired their new director who could make a presentation to the Commission if he or she found the retail study was warranted.
Commissioner Peterson expressed her opinion that it is misleading to have the $70,000 retail analysis in the Economic Development Fund. The SEDF would not have access to the money unless the City Commission approved and bids were solicited. She suggested that a new line item be added or that it be added to the line item of “Other Contractual Services”.
Commissioner Schrzan noted that his requested changes had not been added to the budget, therefore he could not vote to approve it.
Mayor Mills asked if any person wished to appear in favor of or in protest.
Mr. Marion McMillian, SEDF chairman appeared in favor. He stated that when the 3rd penny sales tax was voted on by the citizens, it was advertised that 5% would go toward economic development and was approved by the voters on that basis. Mr. McMillian noted that the SEDF is made up of volunteers and recommended that if the Commission was unsatisfied with their economic development efforts, the City could assume those duties.
No others appeared and the public hearing was closed.

Resolution No. 6329was introduced and the title read aloud.

RESOLUTION NO. ENTITLED “A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.”

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to accept the budget as presented on June 2, 2008 with the understanding that the $70,000 that may be used for a retail analysis, remain within the purview of the City Commission. Motion carried 4-3.

AYE: Peterson, Holt, Stephens, Mills
NAY: Schrzan, O’Neal, Collier

Mayor Mills declared Resolution No. 6329 duly passed and adopted.

AGENDA ITEM NO. 8: Consider an ordinance amending regulations and requirements at Shawnee Twin Lakes relating to fishing, fishing licenses, hunting, hunting licenses, water craft operation and licenses, and camping duration, and declaring an emergency.

Police Chief Mathis, Cpl. Steve Leader and Lt. Tom Pringle began the discussion regarding proposed ordinance changes at Shawnee Twin Lakes. After reviewing several sections, the Commission decided to consider the sections regarding fishing and boating at the June 16th meeting and the sections on hunting at a subsequent meeting,
A motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, to defer further consideration of proposed ordinance changes regarding fishing and boating to the June 16th City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discuss and consider offers of purchase made on the cemetery property at 815 E. Grant.

Toni Gray, Director of Operations, reported that this property was recently re-appraised for $74,500. A full price offer of $74,500 was received and she requested authorization to proceed with the sale.
A motion was made by Commissioner Schrzan, seconded by Commissioner Collier, to approve the selling of land located at 815 E. Grant Street for the full re-appraised value of $74,500. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Discuss and consider repair to drives and parking at Glen Collins Park.

City Engineer John Krywicki stated that this project would cost approximately $71,000 and could be funded from the Street Fund.
Commissioner Schrzan said that this would be for the benefit of everyone using the park.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to accept and direct staff to repave drives and parking at Glen Collins Park. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consider approval of Right-of-Way Acquisition Services Contract for the Kickapoo Street Paving Project with Coates Field Services.

Mr. Krywicki gave the staff report regarding this item. He noted that the amount of $252,360 quoted from Coates Field Services only included the costs of the acquisition service and did not include the purchase of the easements or relocation costs.
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Right-of-Way Acquisition Services Contract for the Kickapoo Street Paving Project with Coates Field Services. Motion carried 7-0.

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


AGENDA ITEM NO. 12: Consider Bids:

a. Reconstruct a portion of the apron serving hangars 13 and 49, FAA AIP Project 3-40-0088-012-2008, COS Project PW-07-09. (Open)

Three (3) bids were received and read into record.

BIDDER AMOUNT

Westchester Development Co.
Shawnee, OK $285,176.80

M.L. Young Construction, LLC
Edmond, OK $355,526.10

CPE Enterprises, Inc.
Maud, OK $281,326.30

Engineer’s Estimate: $319,950.00

A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, to defer bid to reconstruct a portion of the apron serving hangars 13 and 49, for review and recommendation at the next City Commission meeting. Motion carried 7-0.

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

b. Rehab Asphalt Streets Paving Project (Various Locations) (Award)

A motion was made by Commissioner Schrzan, seconded by Commissioner Peterson, to award bid for Rehab Asphalt Streets Paving Project (Various Locations) to T.J. Campbell, Oklahoma City, as the lowest and best bid in the amount of $656,880.00. Motion carried 7-0.

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

c. Rehab Concrete Streets Paving Project (Various Locations) (Award)

A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to award bid for Rehab Concrete Streets Paving Project (Various Locations) to Central Contracting Services, Norman, Oklahoma, as the lowest and best bid in the amount of $186,275.00. Motion carried 7-0.

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

d. Breathing Air Station for Refilling Self-Contained Breathing Apparatus Cylinders (Award)

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to award bid of Breathing Air Station for Refilling Self-Contained Breathing Apparatus Cylinders to Tescorp Compressors, Tulsa, Oklahoma, in the amount of $37,305.00, as the lowest and best bid. Motion carried 7-0.

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

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Toni Gray provided pictures of recent vandalism to some of the headstones at Fairview Cemetery. She also thanked the Cemetery Department workers for the appearance of the cemetery on Memorial Day


AGENDA ITEM NO. 15: Commissioners Comments

Mayor Mills said that on Memorial Day, he and Commissioner Peterson met with Tecumseh representatives Linda Prater and Tecumseh Mayor Collier to discuss water issues. He announced that a special called joint meeting between Shawnee, Tecumseh and the PCDA is scheduled for June 24, 2008 at 6:00 p.m. at the Expo Center.
Mayor Mills announced that the Arts Council would hold a town hall meeting on June 23, 2008 at 6:00 p.m. at the Ritz Theatre.
Mayor Mills also announced the Art, Wine & Music Festival and Juneteenth which are both scheduled for June 14th.
Commissioner O’Neal asked about a “Slow – Kids Playing” sign for the 800 block of Bell Street. She was referred to the Traffic Commission.
Commissioner Schrzan repeated an earlier statement from Vice Mayor Stephens stating that Commissioners are aware of issues and tensions within the Shawnee Police Department.

AGENDA ITEM NO. 16: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Stephens, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried 7-0. (9:49 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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