BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 21, 2009 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, September 21, 2009 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.
Pam Stephens Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2
James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4
John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6
INVOCATION REV. DAN WILLIAMS FIRST BAPTIST CHURCH
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 7-0.
AYE: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the September 8, 2009 meetings
b. Budget transfer between projects within the SMA Fund 501.
c. Acknowledge the following reports and minutes:
• Airport Advisory Board minutes from July 15, 2009
• Shawnee Beautification Committee minutes from August 3, 2009
• Sister Cities Council meeting minutes from July 14, 2009 and August 11, 2009
d. Acknowledge resignation of Don Monroe from the Housing Authority of the City of Shawnee.
e. Acknowledge DEQ Permit No. WL000063090593 for construction of water line for the Timbers III.
f. Acknowledge DEQ Permit No. SL000063090594 for construction of sanitary sewer line for the Timbers III.
g. Authorize staff to apply for sub-grant of Emergency Management Performance Grant funds from the Oklahoma Department of Emergency Management.
h. Acknowledge Mayor’s appointment of Ben Salter to the Planning Commission to replace John Holt, term to expire 6/1/12 and re-appointment of Chris Silvia to the Planning Commission, term to expire 6/1/12.
i. Lake Site Lease Transfer and Renewals:
Lot 6 Roewe Tract, 15507 Perry Rd
From: V. Nowlin
To: C. Collie and W. Collie
Lot 8 North School Tract, 31507 Ingram Road
Lot 8 Green Tract, 32001 Hornbeck Road
Lot 7 North School Tract, 31509 Ingram Road
K. McBroom and G. McBroom
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Consent Agenda Item No. 2(a-i). Motion carried 7-0.
AYE: Harrod, Holt, Stephens, Sims, Peterson, Collier, Winterringer
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Cindy Bruno presented to Commissioners a list of “25 Simple Ways to Save Water”. Ms. Bruno said she had successfully reduced her water bill by using some of these tips.
AGENDA ITEM NO. 4: Mayor’s Proclamations:
“Employee Appreciation Week”
(accepted by Interim Human Resource Director Tammy Johnson)
“Family Promise of Shawnee Week”
(accepted by Peggy North)
AGENDA ITEM NO. 5: Presentation of plaques by City Manager for those employees (past and present) with over 20 years service.
City Manager Brian McDougal congratulated City employees that have worked for the City of Shawnee for twenty years or longer. Mr. McDougal said this group represents over 1200 years of experience. Many of the city employees that had attained this honor were present and came forward to be recognized for their achievement.
AGENDA ITEM NO. 6: Consider recommendation from the Beautification Committee.
RECOMMENDATION: The committee discussed and recommends to the commissioners for approval the transfer of funds from the Centennial Committee in the amount of $10,000.00 dollars to the Shawnee Community Foundation for the Veterans’ Memorial Park. This is to start the 1st stage of dirt removal and level land for the beginning construction of the memorial.
Commissioner Holt started the discussion of this item by stating that he was uncomfortable with the $10,000 being used for dirt removal. He noted the generous contribution of $50,000 previously made by the City of Shawnee. Commissioner Holt requested the money remain with the Beautification Committee to be used for landscaping and beautification of the project once it is complete. Commissioner Holt then made a motion to deny the recommendation of the Beautification Committee. Motion was seconded by Commissioner Sims. Motion failed.
Aye: Holt, Sims, Winterringer
Nay: Stephens, Harrod, Peterson, Collier
Vice Mayor Stephens stated the fact that this project is proceeding and that dirt is being moved is a beautiful thing. She also noted that many people worked hard to raise this money for Centennial Projects around our Community.
Commissioner Sims also noted the City’s initial $50,000 investment and expressed concern about whether there would be sufficient funds donated to complete the Veterans’ project.
Joe Freeman, a representative of the Veterans’ group, came forward to address the project donations. Mr. Freeman stated that, to date, they had raised $143,000, with approximately $150,000 (or ½ of the estimated project amount) being the amount needed to begin Phase I. He further indicated that he felt donations will pick up once there is visible proof that the project is underway.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to approve the Beautification Committee recommendation to transfer funds from the Centennial Committee in the amount of $10,000.00 dollars to the Shawnee Community Foundation for the Veterans’ Memorial Park to start the first stage of dirt removal.
Motion carried 5-2.
AYE: Stephens, Collier, Winterringer, Harrod, Peterson
NAY: Sims, Holt
AGENDA ITEM NO. 7: Consider a resolution declaring items of personal property in possession of the Shawnee Police Department to be lost or abandoned and authorizing the sale of said items by public auction.
Resolution No. 6361 was introduced and read aloud.
RESOLUTION NO. 6361 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY TO BE UNCLAIMED PERSONAL PROPERTY OR PROPERTY WHOSE OWNERSHIP IS NOT SATISFACTORILY ESTABLISHED, THE SAME BEING IN POSSESSION OF THE CHIEF OF POLICE OF SHAWNEE, OKLAHOMA FOR MORE THAN NINETY (90) DAYS; DESCRIBING SAID ITEMS OF PROPERTY; AUTHORIZING THE CITY MANAGER TO DELIVER SAID ITEMS OF PERSONAL PROPERTY TO THE CHIEF OF POLICE FOR SALE FOR CASH AT PUBLIC AUCTION.”
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that Resolution No. 6361 be approved.
Motion carried 7-0.
AYE: Harrod, Collier, Winterringer, Holt, Stephens, Sims, Peterson
AGENDA ITEM NO. 8: Discussion on specific items of concern regarding lease agreement between the Commissioners of the Land Office and the City of Shawnee and possible action.
Community Development Director Justin Erickson spoke regarding this item. He indicated that pursuant to a meeting that City staff, Mayor Peterson, and Commissioner Harrod had with the Commissioners of the Land Office earlier on this date, it was decided that staff needs to continue to work on lease issues with the CLO. At a future meeting, the lease will be presented to the Commission for consideration.
AGENDA ITEM NO. 9: Discussion of city contract for solid waste collection and disposal services and possible action.
This item was placed on the agenda at the request of Vice Mayor Stephens. Ms. Stephens stated that she would like to see the City re-bid the solid waste disposal contract which is currently held by Allied Waste. The Allied Waste contract originated in 2006 and is a six-year contract which automatically renews annually, unless either party provides written notice of cancellation within 30 days of renewal (July 1st). Ms. Stephens would like to see if Allied and/or other solid waste disposal companies can provide options which will provide a savings to residents and also address the current landfill issue.
City Manager Brian McDougal stated that staff would begin working on bid documents and urged Commissioners to let staff know what service components they would like to see added to the bid documents
In response to a question from Commissioner Sims, Greg Price, Manager Special Projects, spoke to Commissioners regarding customer complaints. Mr. Price stated that he had logged complaints since 2007 and at that time was receiving a monthly average of 53 complaints. He said that in 2009, complaints have dropped to an average of 7 per month.
Mr. McDougal informed the Commission that Mr. John Schafer from Allied Waste Management was present and available to discuss a proposal for curbside bulk waste pick up. It was the Commission decision not to hear the proposal at this meeting in order to keep the issue of bids separate from the bulk waste pick up issue. Mr. Schafer will give his presentation at a future meeting.
AGENDA ITEM NO. 10: Acknowledge Sales Tax Report through September 2009.
Interim Finance Director Stephen Nolen reported that sales tax collections are down $63,492 fiscal year to date. Mr. Nolen indicated that this is not an unexpected occurrence, which is why the City projected flat revenues for the current budget year. He further reported that staff is watching revenues closely and are looking for ways to cut expenses.
AGENDA ITEM NO. 11: Consider directing the city attorney to acquire the necessary easements for the Kickapoo Street widening project as needed from parcels number 17, 20, 38, 42, 43, 45, 51, 54, 55, 70, and 71.
Coates Field Services has been attempting to secure right-of-way acquisition on 81 parcels of property along Kickapoo Street since February 2009. A few property owners are not satisfied with the project and the potential impact it may have on their businesses and Coates has been unable to reach an agreement with these property owners.
City Attorney John Canavan explained the process that will be followed for acquisition as follows: He (Canavan) will contact the property owners and make another attempt to negotiate an agreement. In the event he is unsuccessful, he will begin the condemnation process through District Court.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to authorize the city attorney to proceed with right-of-way acquisition to acquire the necessary easements for the Kickapoo Street widening project from parcels number 17, 20, 38, 42, 43, 45, 52, 54, 55, 70, and 71. Motion carried 7-0.
AYE: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
AGENDA ITEM NO. 12: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Nathan Leitz.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Nathan Leitz. Motion carried 7-0.
AYE: Stephens, Collier, Winterringer, Holt, Sims, Harrod, Peterson
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
Utility Director Jim Bierd reported that the loan application which will be submitted to the Oklahoma Water Resource Board is almost complete. He also asked the Commission for their input on the solid waste disposal bid specs.
Assistant Airport Manager Rex Hennen reported on several issues:
• Informed the Commission that the Airport Board will open bids soon for demolition of the Kickapoo Car Wash.
• Reported that he will be meeting with representatives from Allegiance Cable to discuss leasing a portion of the Army Reserve building.
• Reported a displaced threshold of Runway 17, which is a safety and liability issue. Runway will still be operational, but Instrument Landing Systems (ILS) cannot be used. Correction of this problem is expected to take 9 months to 1 year.
• The City/Airport has supplied everything required for the Economic Development grant for the new terminal building. We are waiting for the EDA to “catch up” to us.
Community Development Director Justin Erickson thanked OBU for their assistance with Operation Paintbrush. Incoming freshman helped with the painting of six businesses and one residential property in the downtown area.
AGENDA ITEM NO. 15: Commissioners Comments
Commissioner Winterringer thanked Cindy Bruno for her handout on ways to save water.
Commissioner Harrod asked whether any applications had been received for Finance Director. City Manager Brian McDougal stated that we had recently received approximately six, which he had not had a chance to look at. He also indicated that if no viable candidates were found, he would consider using the services of a search firm.
Commissioner Sims explained his vote regarding the transfer of money from the Centennial funds to the Shawnee Community Foundation for the Veterans’ Memorial. Mr. Sims stated that he respects veterans; his father and uncle are veterans and that he currently has a nephew deployed overseas. He stated that his main concern is about the completion of the project.
Commissioner Sims further asked staff to work quickly to obtain a lease agreement with the Commissioners of the Land Office.
AGENDA ITEM NO. 16: Adjournment
There being no further business to be considered, a motion was made by
Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (7:56 p.m.)
AYE: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
LINDA PETERSON, MAYOR
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