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Date: 12/1/2008Board: City CommissionDocumentType: MinutesWeb Posted: 12/16/2008 8:20:33 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 1, 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, December 1, 2008 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Mayor

Pam Stephens Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Vacant 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 Harrod, seconded by Commissioner Sims, to consider Agenda Items No. 15 & 16 regarding Executive Session after Agenda Item No. 3. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

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

a. Minutes from the November 17, 2008 meeting.

b. Supplemental Budget Amendment Economic Development Fund 104 and Hotel/Motel Tax Fund 106
To Budget for Veterans’ Memorial in Woodland/Veterans’ Park

c. Transfer of Appropriation – Gifts and Contributions Fund 706
To appropriate funds from Fund Balance – Reserved Animal Shelter to cover ½ the cost of spay/neuter clinic at a reduced cost

d. Appropriation of Beginning Fund Balance Drug Forfeiture Fund 113 To appropriate drug forfeiture beginning fund balance to cover cost of expenditures for drug kits and cameras

e. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from October 16, 2008

f. Acknowledge Workers Compensation Settlement in the amount of $15,895.00 to Ken King.

g. Lake Site Lease Transfer and Renewals:
Transfer:
• Lot A Eckel Tract, 15205 Turtle Bay
From: W. Berry and B. Berry
To: C. Norton and D. Norton

Renewals:

• Lot 10 Belcher Tract, 15607 Nickens Rd
M. McQuain and J. McQuain

• Lot 24/25 Belcher Tract, 33504 Post Office Neck
S. Lackey

• Lot B North School Tract, 15504 Patterson Rd
R. Rudebock and C. Rudebock
• Lot 5 Johnston Tract, 16712 Magnino Rd
K. Davis and L. Davis

h. Acknowledge Holiday Schedule for 2009.

i. Acknowledge schedule of regular meeting dates for the City Commission and Related Authorities for the 2009 calendar year.

j. Approve agreement with the City of Tecumseh for Animal Welfare Facility from January 1, 2009 to June 30, 2009.

k. Mayor’s Appointments:

Beautification Committee
Tom Terry 12/31/11 2nd term
Nancy Ford 12/31/11 2nd term

Shawnee Civic and Cultural Development Authority
Jim Lowe 12/31/12 2nd full term

Regional Park Committee
Russ Oliver Scott Warren
Steve Fluke Larry James
Chris Waddell James Harrod
Carl Holt

Before voting on the Consent Agenda, Interim City Manager Phyllis Loftis requested that Consent Agenda Item 2(b) be pulled for separate consideration.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve the Consent Agenda Item No. 2(a-k), less (b), as presented. Motion carried 6-0.

AYE: Holt, Collier, Stephens, Sims, Harrod, Peterson
NAY: None

In consideration of Agenda Item 2(b) it was requested that this item be deferred until the January 5th City Commission meeting to determine if Economic Development is the proper fund to be used for the funding pledge to the Veterans’ Memorial in Woodland/Veterans’ Park.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to defer this item until the January 5th City Commission meeting. Motion carried 6-0.

AYE: Holt, Collier, Stephens, Sims, Harrod, Peterson
NAY: None

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

Mr. Pat Hathcock commented on the beautification efforts of the entry ways to Shawnee. He pointed out the entry from west on Benedict past the old Sylvania plant needed to be looked at by someone. There is tall grass and just looks bad. Mr. Hathcock also mentioned Oklahoma City was adding a fee to citizen’s water bill to cover each family for the ambulance service in Oklahoma City. He would like for Shawnee to take a look at doing something like this.

MAYOR PETERSON ANNOUNCED THAT THE COMMISSION WOULD DEVIATE FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEM NUMBERS 15 & 16

AGENDA ITEM NO. 15: Consideration and possible action to enter into executive session to discuss status of negotiations with the IAFF, Local No. 1628 for a collective bargaining agreement for FY 2008-2009, including discussion of Interest Arbitration Award, and for confidential communications with legal counsel regarding Interest Arbitration Award and any claim by IAFF, Local No. 1628 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 authorized by 25 O.S. §§307 (B)(2) and (4).


A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to enter into an executive session to discuss status of negotiations with the IAFF, Local No. 1628 for a collective bargaining agreement for FY 2008-2009, including discussion of Interest Arbitration Award, and for confidential communications with legal counsel regarding Interest Arbitration Award and any claim by IAFF, Local No. 1628 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 authorized by 25 O.S. §§307 (B)(2) and (4).
Motion carried 6-0.

AYE: Harrod, Stephens, Sims, Peterson, Collier, Holt
NAY: None

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:40 P.M.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:12 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 16: Consideration and possible action on items discussed in Executive Session including possible action either to accept the arbitration award or to authorize the City to submit to the voters of the City the last best offers of the City and the IAFF, Local No. 1628 for the voters to select which offer to accept as the collective bargaining agreement for FY 2008-2009.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to accept the arbitration award between the IAFF, Local No. 1628 for FY 2008-2009. Motion carried 6-0.

AYE: Stephens, Collier, Holt, Sims, Harrod, Peterson
NAY: None

THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA

AGENDA ITEM NO. 4: Consider approval of a final plat for Woodmore Addition located at Westech and Highway 18. (Applicant: Robert Woodmore) Case #S22-08 Deferred from October 6, 2008 meeting

Staff recommends final plat approval for Woodmore Addition to include variances approved previously during the preliminary plat review, subject to the following conditions:

1. Construction of improvements and recording of the final plat shall be in accordance with adopted City of Shawnee standards as set forth in the Shawnee Subdivision Ordinance.
2. Sidewalks will be required as part of any development along Westech Road or Harrison.
3. “Limits-of-no-Access” is required along the west lot frontage of Lot 1 of Westech Road: 200 feet centerline of Harrison.
4. All Engineering requirements must be met; all drainage plans and public improvement plans must be submitted for approval as required by the City Engineer.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve final plat for Woodmore Addition located at Westech Road and Highway 18. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

AGENDA ITEM NO. 5: Consider an ordinance requiring all motor vehicles operating in the City of Shawnee to display a current license plate and decal and all commercial vehicles to display the name of the commercial establishment or the words “Commercial Vehicle” on the outside of the vehicle.

This ordinance will allow the police officers to issue a citation for fines to be collected by the City of Shawnee rather than all citations issued for these violations to be sent to district court.

Ordinance No. 2382NS was introduced and the title read aloud.

ORDINANCE NO. 2382NS ENTITLED “AN ORDINANCE RELATING TO MOTOR VEHICLE LICENSE PLATES; CREATING A NEW SECTION OF LAW TO BE CODIFIED AT SECTION 19-184, ARTICLE IV OF CHAPTER 19 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; REQUIRING AND DESCRIBING THE DISPLAY OF A LICENSE PLATE OF MOOR VEHICLES WITHIN THE CITY LIMITS; ESTABLISHING EXCEPTIONS TO THE DISPLAY OF A STATE OF OKLAHOMA LICENSE PLAT, PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”


A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, that the Title and Ordinance No. 2382NS be approved. Motion carried 6-0.

AYE: Stephens, Collier, Holt, Sims, Harrod, Peterson
NAY: None

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that Section 3, the emergency clause, be approved.
Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2382NS duly passed and adopted.

AGENDA ITEM NO. 6: Consider an ordinance defining dangerous dogs and establishing the procedure for determining a dog is dangerous and how to deal with the dog.

Ordinance No. 2383NS was introduced and the title read aloud.

ORDINANCE NO. 2383NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL; CREATING NEW SECTIONS OF LAW TO BE CODIFIED AS SECTIONS 5-87, 5-88 AND 5-89, DIVISION 1, ARTICLE III OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; DEFINING DANGEROUS DOGS; DEFINING OWNERS; ESTABLISHING THE PROCEDURE FOR DEALING WITH A DANGEROUS DOG; ESTABLISHING THE BASIS FOR A DOG NOT TO BE DECLARED DANGEROUS; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the Title and Ordinance No. 2383NS be approved.


Motion carried 6-0.

AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier
NAY: None

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that Section 5, the emergency clause, be approved. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2383NS duly passed and adopted.

AGENDA ITEM NO. 7: Consider an ordinance establishing the guidelines and authority for the destruction of an animal which is wounded, maimed, sick, diseased or injured.

Ordinance No. 2384NS was introduced and the title read aloud.

ORDINANCE NO. 2384NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL CREATING A NEW SECTION OF LAW TO BE CODIFIED AT SECTION 5-19, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; ESTABLISHING THE GUIDELINES FOR DESTRUCTION OF ANIMALS, SETTING FORTH WHO MAY MAKE THE DECISION TO DESTROY AN ANIMAL; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, that the Title and Ordinance No. 2384NS be approved. Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Holt, Stephens
NAY: None

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Holt, Stephens
NAY: None
Thereupon Mayor Peterson declared Ordinance No. 2384NS duly passed and adopted.

AGENDA ITEM NO. 8: Consider an ordinance establishing the definition of a vicious animal, the court procedure to deal with a vicious animal and impoundment procedure during course of court procedure.

Ordinance No. 2385NS was introduced and the title read aloud.

ORDINANCE NO. 2385NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL; AMENDING SECTION 5-3, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA BY CHANGING THE LANGUAGE OF SUB-SECTION (d) AND ADDING SUB-SECTIONS (e) AND (f); ESTABLISHING THE ANIMAL CONTROL OFFICER AS THE PERSON RESPONSIBLE FOR INVESTIGATING VICIOUS ANIMAL CLAIMS; ESTABLISHING THE PROCEDURE FOR DETERMINING IF AN ANIMAL IS VICIOUS; ESTABLISHING COURT PROCEDURES; ALLOWING THE IMPOUNDMENT OF THE ANIMAL WITH A PRIVATE PARTY DURING PENDENCY OF A COURT ACTION; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Holt, seconded by Vice Mayor Stephens, that the Title and Ordinance No. 2385NS be approved. Motion carried 6-0.

AYE: Holt, Stephens, Sims, Harrod, Peterson, Collier
NAY: None

A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Stephens, Harrod, Peterson, Collier, Holt, Sims
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2385NS duly passed and adopted.


AGENDA ITEM NO. 9: Consider an ordinance defining an animal nuisance and procedure for abatement and impoundment.

Ordinance No. 2386NS was introduced and the title read aloud.

ORDINANCE NO. 2386NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL; CREATING A NEW SECTION OF LAW TO BE CODIFIED AT SECTION 5-20, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; DEFINING ANIMAL NUISANCE; ESTABLISHING A PROCEDURE FOR ABATING THE NUISANCE; ESTABLISHING THE AUTHORITY FOR THE COURT TO ORDER THE POSTING OF A BOND BY THE ANIMAL’S OWNER; PROVIDING FOR PRIVATE IMPOUNDMENT IF REQUESTED BY THE OWNER WITH RELEASE OF ALL LIABILITY OF THE CITY OF SHAWNEE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the Title and Ordinance No.2386NS be approved. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

No action was taken on the emergency clause.

Thereupon Mayor Peterson declared Ordinance No. 2386NS duly passed and adopted.

AGENDA ITEM NO. 10: Consider an ordinance requiring that only city traps be used to trap animals and setting the procedure for caring for the traps.

Ordinance No. 2387NS was introduced and the title read aloud.

ORDINANCE NO. 2387NS ENTITLED “AN ORDINANCE RELATING TO ANIMAL CONTROL; CREATING A NEW SECTION OF LAW TO BE CODIFIED AT SECTION 5-18, ARTICLE I OF CHAPTER 5 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; RESTRICTING THE TYPE OF TRAP TO BE USED IN THE CITY OF SHAWNEE TO THOSE SUPPLIED BY THE CITY OF SHAWNEE ANIMAL CONTROL OFFICER; SETTING THE PROCEDURE FOR CARING FOR SAID TRAP; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Holt, seconded by Commissioner Sims, that the Title and Ordinance No. 2387NS be approved. Motion carried 6-0.

AYE: Holt, Sims, Harrod, Peterson, Collier, Stephens
NAY: None

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Holt, Stephens
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2387NS duly passed and adopted.

AGENDA ITEM NO. 11: Open applications for the vacant Ward 5 Commission seat.

Acting City Clerk Donna Mayo opened and read into record the applications for the vacant Ward 5 City Commissioner seat in the order they were received in the City Clerk’s office. The applicants were as follows:

Matthew LaHue, 31 Cherokee
Chris Silvia, 1908 Keller Pl
John Winterringer, 1514 Mesa Verde

The candidates will be interviewed in public at the next City Commissioner’s meeting on December 15, 2008 in accordance with City Commission Policy No. 10. The selected candidate will serve the remainder of Commissioner Linda Peterson’s term to end in 2010, unless filled at any special election that may be called.

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

Vice-Mayor Stephens reported the committee had narrowed the applicants down to three and with the help of Human Relations Department would like to send letters to those not in the top three thanking them for their interest. She would then like to continue with more background on the three, contacting them to see if they were interested in coming to Shawnee for a tour and interview. She sees the process as a “round robin” with the Commissioner splitting up to take each applicant separately for a tour while informal discussions are conducted with interested citizens. The more formal interview could be done with all commissioners present. She requested dates everyone could be available for this all day process. The time frame suggested was between December 15 and December 22. This will be decided after everyone looks at calendars.

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

Police Chief Russell Franz addressed the concern of the firing range at the north airport property if the property were to be selected for the regional sports park. Officers fired 200 rounds of ammunition from various areas at the range. There was no ricochet of rounds or any other problems, the berm in place was sufficient to hold the rounds. In the future, he would like to see the berm built up and sides added for extra protection.
City Treasurer Neva Treiber presented the final report of the Centennial
Committee. She is attempting to reach all the members to reconvene the committee to accept the financial report and recommend the usage of funds left in the account. It is believed the intent was to donate the funds to the Beautification Committee but this was a verbal commitment and needs to be more specific in the direction the Centennial Committee would like to see the funds used.
Interim City Manager Phyllis Loftis announced the appointment of Russell Franz as the new Chief of Police. His swearing in ceremony will be Friday, December 12 in the Commission Chamber.

AGENDA ITEM NO. 17: Commissioners Comments

Mayor Peterson requested someone on the Commission volunteer to join her on the Community Services Contract Review Committee. Commissioner Harrod volunteered to serve on this committee.
Vice-Mayor Stephens requested an executive session be on the January 5, 2009 commission agenda in order to get everyone caught up on all pending litigation.
Commissioner Harrod asked if anyone had a location in mind for the “workshop” the commission is going to have in January to set goals and priorities. No one had any suggestions at this time.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Holt, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried 6-0. (9:02 p.m.)

AYE: Holt, Harrod, Peterson, Collier, Stephens, Sims
NAY: None




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

DONNA MAYO,
ACTING CITY CLERK




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