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Date: 11/3/2008Board: City CommissionDocumentType: MinutesWeb Posted: 11/18/2008 8:51:19 AM
View Multi Media Files associated with this meeting




BOARD OF CITY COMMISSIONERS PROCEEDINGS

NOVEMBER 3, 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, November 3, 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:

INVOCATION REV. LEROY KERBO
OAK PARK CHURCH OF GOD
FLAG SALUTE

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. Minutes from the October 20, 2008 meeting.

b. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from September 18, 2008

c. Authorize staff to advertise for bids on carpet for the Shawnee Public Library

d. Authorize staff to advertise for bids on remodeling project at the Shawnee Public Library

e. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Chazey Phillips.

f. Approve nomination order for the purchase of natural gas for the period of July 1, 2008 through June 30, 2009

g. Approve renewal of phone service contract with AT&T for land telephone lines.

h. Acceptance of the Vision Addition public improvements, i.e. water, sanitary sewer and public street, and placing maintenance bonds into effect.

i. Approve a change order, not to exceed $50,000.00, on the contract with Nutri-Ject for sludge removal, adding removing sludge from digester at the Southside Wastewater Treatment Plant.

j. Transfer of Budget between Projects Shawnee Municipal Authority Fund 501

k. Lake Site Lease Transfer:

• Lot 19 Belcher Tract, 33402 Post Office Neck
From: W. and C. Romberg
To: L. Yeatts

l. Mayor’s reappointment of Dick Romine to Shawnee Airport Advisory Committee, 2nd term to expire 7/1/11

m. Mayor’s formation of Jinchang Sister City Committee as follows:

Dave Wagie St. Gregory’s University
Trent Argo Oklahoma Baptist University
Marty Lewis Gordon Cooper Technology Center
Chuck Mills City of Shawnee
Jim Collard Citizens Potawatomi Nation
Carl Holt City of Shawnee
Phyllis Loftis City of Shawnee

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, approve Consent Agenda No. 2(a-l), less 2(m), as presented. Motion carried 7-0.

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

Commissioner Schrzan requested that Agenda Item 2(m), regarding Mayors formation of Jinchang Sister City Cimmittee, be deferred to the next scheduled City Commission meeting to let the new mayor and commissioners make appointment to this committee. Motion dies due to lack of second. Therefore, a motion was made by Commissioner Peterson, seconded by Commissioner Holt, to approve Consent Agenda Item 2(m), as presented. Motion carried 6-1.

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

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

There was no Citizens Participation.





AGENDA ITEM NO. 4: Mayor’s Proclamation:

“Veterans Day”
November 11, 2008
(accepted by Tony Litherland)

“50th Anniversary of the Pioneer Library System”
(accepted by Julia Harmon)

AGENDA ITEM NO. 5: Consideration and possible action to enter into an Executive Session to discuss pending litigation entitled Blaco Construction, LLC vs. City of Shawnee, et al, Case Number CJ-08-165 District Court, Pottawatomie County, Oklahoma, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to enter into an Executive Session to discuss pending litigation entitled Blaco Construction, LLC vs. City of Shawnee. Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:43 P.M.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 6:58 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 6: Consider matters discussed in Executive Session regarding pending litigation entitled Blaco Construction, LLC vs. City of Shawnee, et al Case Number CJ-08-165 District Court, Pottawatomie County, Oklahoma, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.

Executive Session informational only, no action was taken at this time.


AGENDA ITEM NO. 7: Final presentation from Water Technologies on Phase I of Municipal Pool evaluation.

Haley Panton of Water Technologies gave a presentation on the Municipal pool with the conclusion that the pool is in poor working order and has several issues which pose hazards to its patrons and operating staff. The pool is non-compliant with state and federal regulations, general industry safety concerns, and federal accessibility guidelines. The main drains must be replaced under new federal legislation. The proposed renovations will increase the safety and entertainment value of the existing pool facility. She gave two options that could be phased in over time, but the drain replacement and ADA accessibility must be addressed now. Concept A would have a cost of $4,431,677 and Concept B has a cost of $3,390,637.

AGENDA ITEM NO. 8: Discuss and consider contract for repair of the main drains and basement at the Shawnee Municipal pool.

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve contract for repair of the main drains and basement Phase II at the Shawnee Municipal pool. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discuss and consider possible financial assistance from the City of Shawnee for the Veteran’s Memorial to be placed in Woodland/Veterans’ Memorial Park.

Commissioner Schrzan suggested a financial pledge to the Veteran’s Memorial. He would like to use the money set aside in the economic development fund under Other Services and Charges (page 43 of the approved budget for Fiscal Year 08-09). Mayor Mills remembered the original request was for infrastructure only, electric and water, not cash. The group that had made the request wanted the citizens to pay for the park.

Joe Freeman, Commander of the local American Legion Post, stated the estimated cost is $336,212 with a completion time of two months. They have been receiving money for memorial bricks and blocks. Brochures and order forms for ordering the memorial bricks and blocks are available now. He would like to see the park completed by Memorial Day next year.

Mayor Mills is concerned about committing money now with the uncertain future of sales tax revenue. He stated the city lives and dies by the sales tax collected. He wants the city to participate but would like to wait for the budget for next year and see what is available.

Vice-Mayor Stephens stated we live and die by the people who have served our country. The city must contribute so the private businesses and citizens will take the fundraising effort seriously.

Commissioner Holt stated he is retired from the US Air Force and has deep respect for all Veterans and active duty personnel of our armed services. But, he reminded the commission that they must be good stewards of the taxpayer dollars. We have major expenditures facing the city with water lines. Commissioner Holt would like to consider an amount the commission is comfortable with and look at adding more at a later date. Perhaps money in the hotel/motel tax account. He would like to look now and about the future and still be a part of the Memorial Park project. Commissioner Holt suggested a $10,000 pledge.

Commissioner Schrzan stated the Memorial Park will bring in tourism. Commissioner Peterson asked Commander Freeman if they have a budget for their fundraising. He replied they had just started the fundraising and reminded everyone the memorial is for all Oklahoma veterans not just those in Shawnee or Pottawatomie County.

Vice-Mayor Stephens requested the staff add the brochures and the design for the park on the City of Shawnee web site. Dave Boardman representing the Disabled American Veterans announced the Viet Nam Veteran’s display will be in Shawnee on August 21-24, 2009.

A motion made by Commissioner Schrzan, seconded by Commissioner O’Neal for the City of Shawnee to make a pledge to the kick off fundraising drive in the amount of $50,000, with $45,000 from economic development and $5,000 from hotel/motel administration fees. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider ordinance amending time period for the police department to hold unclaimed personal property before disposing of it from six months to 90 days.

Ordinance No. 2375NS was introduced and read aloud.

ORDINANCE NO. 2375NS ENTITLED “AN ORDINANCE RELATING TO THE DISPOSAL OF UNCLAIMED PERSONAL PROPERTY BY THE SHAWNEE POLICE DEPARTMENT; AMENDING SECTION 17-33, ARTICLE II OF CHAPTER 17 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; CHANGING THE TIME PERIOD FOR THE POLICE DEPARTMENT TO BE REQUIRED TO POSSESS UNCLAIMED PERSONAL PROPERTY FROM SIX (6) MONTHS TO NINETY (90) DAYS BEFORE IT CAN BE DISPOSED OF; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, that the Title and Ordinance No. 2375NS be approved. Motion carried 7-0.

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

Thereupon Mayor Mills declared Ordinance No. 2375NS duly passed and adopted.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, that Section 3, the emergency clause, be approved. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Discuss and consider a resolution declaring items of personal property in possession of the Shawnee Police Department to be unclaimed personal property and authorizing the donation of said items to non profit organizations.

Resolution No. 6339 was introduced and read aloud.
RESOLUTION NO.6339 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY TO BE UNCLAIMED PERSONAL PROPERTY OR PROPERTY WHOSE WONERSHIP IS NOT SATISFACTORILY ESTABLISHED, THE SAME BEING IN POSSESSION OF THE CHIEF OF POLICE OF SHAWNEE, OKLAHOMA FOR MORE THAN NINETY DAYS; DESCRIBING SAID ITEMS OF PROPERTY; AUTHORIZING THE CITY MANAGER TO DELIVER SAID ITEMS OF PERSONAL PROPERTY TO THE CHIEF OF POLICE FOR DONATION TO NON-PROFIT ORGANIZATIONS BENETITING NEEDY FAMILIES.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Holt, to approve Resolution No. 6339. Motion carried 7-0.

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

Thereupon Mayor Mills declared Resolution No. 6339 duly passed and adopted.

AGENDA ITEM NO. 12: Committee report on city manager application review with commission discussion and possible action relating to said report.

An updated report was given concerning the city manager application telephone interviews. It was reported that the selection is now narrowed down to five (5) applicants. The strengths of the applicants are very good. When the background checks are completed, the committee will meet again.

AGENDA ITEM NO. 13: Discuss and consider an amendment to the 1990 water contract involving the City of Shawnee, City of Tecumseh, and Pottawatomie County Development Authority.

Commissioner Peterson reported the amended contract was 22 changes from the original. There have been no changes since the last report. The only change in the amendment presented is on page two, last sentence to be deleted. This is regarding easement granted by Shawnee to Tecumseh and does not apply since the connection by Tecumseh will be on Pottawatomie County Development Authority area of the line.
A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal to accept the amendment to the 1990 water contract involving the City of Shawnee, City of Tecumseh, and the Pottawatomie County Development Authority, with the last sentence on page two deleted. Motion carried 7-0.

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

AGENDA ITEM NO. 14: 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. 15: Administrative Reports

James Bryce, Interim Director of Operations, reported the skate park is complete and the ribbon cutting was today. There was some funds not used and can be used on another project.

Justin Erickson, Planning Director, reported the Shawnee Chamber of Commerce retreat had discussion on how the code enforcement could be more effective. Mr. Erickson is requesting an additional position in the Action Center to help in this area. Money is in the budget for additional personnel. Commissioner O’Neal questioned Mr. Erickson regarding working with citizens while they are making repairs to houses and removing debris and tall grass. Mr. Erickson stated he could not give specific answers but they will work with property owners. Tearing down houses is a last resort.

AGENDA ITEM NO. 16: Consider an Executive Session to discuss pending litigation entitled City of Shawnee vs. HUB, et al, Case Number CJ-06-236, pursuant to 25 O.S. §307 (B)(4).

No action was taken.

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding pending litigation entitled City of Shawnee vs. HUB, et al, Case Number CJ-06-236, pursuant to 25 O.S. §307 (B)(4).

No action was taken.

AGENDA ITEM NO. 18: Commissioners Comments

Vice-Mayor Stephens bid farewell to the out going commissioners and mayor and stated it had been a pleasure to work with them.

Commission Schrzan wanted to thank the staff and commissioners for all their support and the staff for their cooperation over the last four plus years. He stated it had been a roller coaster of good/bad/no decisions. He also advised if people want to see changes, then vote.

Commissioner O’Neal wanted to thank the commissioners and staff stating it had been a privilege to work with them for the citizens of Shawnee.

Commissioner Holt offered his appreciation to all for the last year with a special thanks to the mayor. Also, a thank you to Dr. Collard for his help last summer during Commissioner Holt’s time of need.

Commissioner Peterson gave a thank you to out going commissioners and mayor. She feels they all had done what they thought needed to be done and she commended them for their service. Even though they are leaving, she stated we know how to find them.

Commissioner Collier asked that the out going commissioners and mayor continued to let them know what other people’s concerns are for the city and be there for the commission, if needed.

Mayor Mills spoke regarding the China Sister City program and how the Citizen Potawatomi Nation had been crucial in making this happen. He also stated, this group has gone through a lot and have made good and bad decisions, but made them together. Mayor Mills spoke of all the accomplishments that have been made in the past four years, and he thanked everyone for the opportunity to serve.

AGENDA ITEM NO. 19: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 7-0. (8:43 p.m.)

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

_________________________
CHUCK MILLS,
MAYOR
(SEAL)

ATTEST:

DONNA MAYO,
ACTING CITY CLERK


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