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Date: 6/6/2005Board: City CommissionDocumentType: MinutesWeb Posted: 6/21/2005 1:15:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

JUNE 6, 2005 AT 5:30 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 6, 2005 at 5:30 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

Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Vacant
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson Bob Downin g
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

INVOCATION Reverend Leroy Kerbo
Oak Park Church of God

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Acknowledge the opening and consideration of bids as set forth in agenda item No. 17.

b. Minutes from the May 7, May 16 and May 31, 2005 meetings.

c. Budget Transfers in General Fund.

d. Acknowledge the following minutes:

* Shawnee Urban Renewal Authority minutes from the May 3, 2005 meeting

* Civic and Cultural Development Authority minutes from the April 21, 2005 meeting

* Planning Commission minutes from the May 4, 2005 meeting

e. Lakesite Leases:

Transfers:

Lot 7, Johnston Tract

To: Elton and Linda Agee
16001 Hart Road
Shawnee, OK 74801

From: Rose and Doug Blackwell
30706 Clearpond Road
Shawnee, OK 74801

Lot 4, Bodkin Tract

To: Ronald and Paulette Cook
P.O. Box 622
Shawnee, OK 74802-0622

From: Ronald Cook
P.O. Box 622
Shawnee, OK 74802-0622

Renewal:

Lot 4, Magnino Tract

Robert and Bonnie Jennings
16512 Archery Range
Shawnee, OK 74801



f. Mayor’s Appointments and Reappointments:

Zoning Board of Adjustment

Appoint Bob East to a term to expire 6/1/08
Reappoint Ron Gillham to a term to expire 6/1/08
Reappoint Jeremiah Nichol to a term to expire 6/1/07
Reappoint Teresa Cody to a term to expire 6/1/07
Reappoint Paul Bass to a term to expire 6/1/07
Planning Commission

Appoint David Hadley to a 3-year term to expire 6/1/08
Appoint Louis Maltos to a 3-year term to expire 6/1/08

Airport Advisory Board

Appoint Mike Langley to a 3-year term to expire 7/1/08
Appoint Tim Stephens to a 3-year term to expire 7/1/08

Regional Park Oversight Committee

Appoint Scott Warren
Appoint Jeff French
Appoint Randall Rogers

Shawnee Community Center Board

Appoint Peggy Rider to a 3-year term to expire 8/1/08
Appoint Marva O’Neal to replace Carl Young

Before voting on the Consent Agenda, Commissioner Schrzan asked to pull item (f) for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that Agenda Item No. 1 (a-e) less (f), be approved.

Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None

After a discussion, a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve item 1(f). Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamation.

“Click It or Ticket Month”
June, 2005
(accepted by Police Chief Mike Chitwood)

AGENDA ITEM NO. 3: Appearance by Jim Sims to discuss wheelchair accessibility issues.

Due to technical problems with the video, the Commission deferred this item to later in the meeting.
AGENDA ITEM NO. 4. Consider declaring a vacancy in Ward IV of the Shawnee City Commission.

Before taking a vote, Commission Claybrook brought up for discussion the possible filling of the vacant position at the next election in September when the OGE franchise would be on the ballot. Further consideration would be held later in the meeting.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor
Peterson, that City Commission Ward IV seat be declared vacant. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 5: Open and review applications received for Ward IV vacancy on Shawnee City Commission.

Item deferred to later in the meeting after Agenda Item No. 13.

AGENDA ITEM NO. 6: Presentation by Dr. Jeanne Schneider, Research Meteorologist with the United States Department of Agriculture and Dr. Kimberly Winton of the United States Geological Survey regarding lake level cycles.

Dr. Kimberly Winton of the United States Geological Survey presented a brief overview of the purposes of what they provide in conducting geological surveys.
It was an informational presentation for the Commission to understand the scientific factors involved that affect the climate and watersheds and levels such as the Shawnee Twin Lakes.
At the time, Dr. Jeanne Schneider, Research Meterorologist with the United States Department of Agriculture gave the presentation using power-point.
The study was a 30-year study giving an overview of the stream flow, climate variations, and the impact on water resources involving Oklahoma.
Dr. Schneider showed that the precipitation statewide was at its driest in this year of March through May since 1921.
In conclusion, Dr. Schneider relayed that the USDA collection of data and dissemination of high-quality stream flow data is a critical part of the overall mission of providing earth science information for wise management of the nation’s natural resources.
Mayor Mills reiterated that the information will help the community to recognize the priorities regarding the lake.
RETURN TO AGENDA ITEM NO. 3.

Mr. Jim Sims presented a 5-minute video that was prepared by Derek Watson, an Oklahoma Baptist University communications student, who video taped Mr. Sims regarding the difficulties of wheelchair users going up ramps in public buildings.
The objective of the video was to make the public aware that the American with Disabilities Act (ADA) for minimum requirements for ramps of the l:18 inches is too steep and Mr. Sims prefers 1:12 inches.
Mr. Sims made a plea to the Commission to go beyond the minimum ADA requirements for future building requirements.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at northeast corner of Independence Street and Bryan Street from RE; Rural Estates District to C-3; Automotive and Commercial Recreation District for commercial use. (Applicant: William R. Austin)

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at northeast corner of Independence Street and Bryan Street for commercial use.
Community Development Director Mike Southard reported that the Planning Commission recommended approval of the rezoning request and there were no protest filed with the City Clerk.
Upon discussion, there were questions about the possible uses of the requested zoning district since the applicant did not specify what type of commercial uses the property was intended.
There was concern that the area was mostly residential and the C-3 classifications of business could damage the integrity of the area. It was suggested that a lesser rezoning of C-2 be considered.
The applicant, Mr. William Austin, appeared on behalf of his application and he preferred the C-3 rezoning as requested.
A motion was made by Commissioner Schrzan, seconded by Commissioner Claybrook, to deny the application of William R. Austin for rezoning request of property located at the northeast corner of Independence and Bryan Street. Motion carried.
AYE: Schrzan, Claybrook, O’Neal, Mills, Peterson, Downing
NAY: None
AGENDA ITEM NO. 8: Consider approval of the final plat of the Yahgnee Addition Section 1 located north of Interstate 40 and east of Harrison Street. (Applicant: LE Surveying o/b/o Yahgnee LLC)

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the final plat of the Yahgnee Addition Section 1 located north of Interstate 40 and east of Harrison Street as submitted by LE Surveying on behalf of Yahgnee LLC. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Peterson
NAY: None

AGENDA ITEM NO. 9: Consider approval of the final plat of the Kinslow Addition located south of 45th Street and west of Harrison Street. (Applicant: LouRey Surveying and Engineering o/b/o Del Kinslow)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to approve the final plat of the Kinslow Addition located south of 45th Street and west of Harrison Street with variances requested by applicant LouRey Surveying and Engineering on behalf of Del Kinslow. Motion carried.
AYE: Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 10: Consider a resolution establishing a traffic signal/crossing at the intersection of Bell and Farrall streets in the City of Shawnee solely at the city’s expense.

In consideration of the proposed resolution for a traffic signal/crossing at the intersection of Bell and Farrall streets, the Commission understood that the City would be solely responsible for the signal light since it was determined that the intersection does not qualify for state or federal funding assistance under the State criteria. The City did receive ODOT’s permission.
As noted, it has been proven that the intersection to be dangerous to pedestrians crossing at that intersection due to the speed of drivers in the area and the number of accidents that have occurred at that intersection.
City Manager Jim Collard added that funding for the signal lighting was put in the proposed budget.
Commissioner Claybrook stated that in all due respect to Commissioner O’Neal, advocate for the signal light, he qualified his forthcoming “nay” vote for reasons that the intersection signal lights are not compliance with State criteria and this would open many other requests for other areas that would not be justified.

Resolution No. 6234 was introduced and the title read aloud.

Resolution No. 6234 entitled “A resolution of the City of Shawnee, Oklahoma, proposing the establishment of a traffic signal at the intersection of Bell and Farrall Streets with the City assuming total responsibility for the costs, installation and maintenance, both present and future, of the signal project once approval is received from the Oklahoma Department of Transportation (“ODOT”).

A motion was made by Commissioner O’Neal, seconded by Commissioner Schrzan, that the Title and Resolution be approved. Motion carried.
AYE: O’Neal, Schrzan, Mills, Peterson, Downing
NAY: Claybrook

AGENDA ITEM NO. 11: Consider an agreement between the City of Shawnee and the Shawnee Civic and Cultural Development Authority reaffirming the separation of the two entities.

The proposed “draft” agreement between the City and the Shawnee Civic and Cultural Development Authority (SCCDA) reaffirming the separation of the two entities was presented for the Commission’s consideration.
Upon review, it was noted that this agreement was precipitated from the City’s last audit. The Commission directed the city attorney to make some language changes and additions.
Expo Manager Ken Etchieson was present to express his concerns about the ten employees benefits that would be separated from the City of Shawnee and placed under the Trust.
Ms. Jodi Cox, representative of the Oklahoma Municipal Retirement Fund, was present to give a brief presentation on the legalities of the changes and she assured that the employees would be covered same as the city employees under a Trust.
After discussion, a motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to defer the agreement for further study. Motion failed.
AYE: Schrzan, Downing, O’Neal
NAY: Claybrook, Mills, Peterson

In further discussion, some of the Commissioners voiced that this agreement needed in order to comply with the audit, set requirements.
Mr. Richard Finley, auditor for the SCCDA, had commented that notification would need to be given to the third party holder of the mortgage on the new building at the Expo.
City Attorney John Canavan reiterated that this agreement was not being amended, only re-stating the purposes of the two entities.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to defer this agreement to the next meeting and direct the city attorney to work with SCCDA’s attorney to draft a new agreement with the suggested changes and present at the next meeting. Motion carried.
AYE: Claybrook, Peterson, Schrzan, O’Neal, Mills, Downing
NAY: None

CITY COMMISSION RECESSED AT 9:06 P.M. FOR A FIVE MINUTE BREAK WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED AT 9:16 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 12: Consider an ordinance granting a twenty-five year non-exclusive franchise to Oklahoma Gas and Electric Company to allow the company to produce, transmit, distribute and sell electricity to customers within the city.

City Treasurer/Finance Director Becky Cragin reported that the franchise agreement with Oklahoma Gas and Electric Company had expired and this ordinance was to grant the franchise for twenty-five years at three percent (3%) fee, a standard fee throughout the state.
Ordinance No. 2204NS was introduced and the title read aloud.

Ordinance No. 2204NS entitled “An ordinance granting to the Oklahoma Gas and Electric Company, an Oklahoma corporation, its successors and assigns, the right to produce, transmit and distribute electricity within the city limits and to sell electricity therein for all purposes for which it may be used, to the City of Shawnee, Pottawatomie County, Oklahoma, its inhabitants and the public generally, and the right to construct, maintain and operate a system of poles, wires, conduits, and other facilities and equipment in, upon, across, under and over the streets, alleys, public grounds and other places in the city for such purposes for a period of twenty-five (25) years from the approval and acceptance of this ordinance; providing compensation to the city; ordering an election; and declaring an emergency.”

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Sections 1-11 be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Peterson, Claybrook
NAY: None

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan that Section 12, the emergency clause, be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Peterson, Claybrook
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2204NS duly passed and adopted.
AGENDA ITEM NO. 13: Consider a resolution calling for a special election to determine whether the electorate of the City of Shawnee will approve the twenty-five year franchise created by Ordinance No. 2204NS for Oklahoma Gas and Electric Company.

The special election would be set for September 13, 2005.

Resolution No. 6235 was introduced and the title read aloud.

Resolution No. 6235 entitled “A resolution calling and providing for the holding of a special election in the City of Shawnee, Oklahoma for the purpose of submitting Ordinance No. 2204NS to the qualified electors of the City to determine whether the City of Shawnee will grant a franchise to Oklahoma Gas & Electric Company (“OG&E”) to produce, transmit, distribute and sell electricity within the city limits; providing for said election to be conducted by the Pottawatomie County Election Board; and providing for voting by absentee ballot.”

A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, O’Neal, Mills, Peterson, Downing, Schrzan
NAY: None

RETURN TO AGENDA ITEM NO. 5.

It was City Attorney John Canavan’s suggestion that the applications for Ward IV Commissioner be opened since it had been advertised.
City Clerk Diana Hallock opened and announced the following applicants for open seat for Ward IV in the order received:
1) James (Jim) Antosh, 2307 Robinwood Circle
2) Chris Harden, 1216 East 9th
3) Reuben Peltier, 501 Pool Place

The next step to the process would be for the applicants to be interviewed at the next City Commission meeting on June 20, 2005.
Mr. Canavan noted that he was still trying to contact Ms. Diana Knight, the Election Board secretary, to get information about the timing on the election since the State had recently changed requirements.
AGENDA ITEM NO. 14: Consider an ordinance increasing building permit fees.

Ordinance No. 2205NS was introduced and the title read aloud.

Ordinance No. 2205NS entitled “An ordinance amending the Shawnee City Code, section 7-32, modifying and establishing building permit fees; by further amending Section 7-160, modifying the electrical permit fees; by further amending Section 7-331, modifying the mechanical permit fees; amending Section 7-362, modifying the plumbing permit fees; repealing all ordinances or parts of ordinances in conflict herewith; and providing for severability.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, that the title and Sections 1-4 be approved. Motion carried.
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Peterson
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2205NS duly passed and adopted.
The emergency clause was not included and staff indicated that this would go into effect in the new fiscal year beginning July 1, 2005.
AGENDA ITEM NO. 15: Consider a resolution authorizing the Right-of-Way Public Utility and Encroachment Easement with Oklahoma Department of Transportation regarding utility relocation on Highway 18 from Westech Road to Hazel Dell Road, Project No. STPY-063B(371), J/P 05859(04)

Resolution No. 6236 was introduced and the title read aloud.

Resolution No. 6236 entitled “This agreement entered into between the City of Shawnee, Oklahoma, hereinafter called the City and the Department of Transportation of the State of Oklahoma, hereinafter called the Department in connection with the location and improvement of a portion of the State Highway System within the corporate limits of the City, now designated as SH-18 under plans and specifications for STPY-063B(371), J/P 05859(04) Const., (05)Util., (14)RW.”

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Peterson, Claybrook
NAY: None

Thereupon Mayor Mills declared Resolution No. 6236 duly passed and adopted.
AGENDA ITEM NO. 16: Public hearing and consider proposed budget for FY 2005-2006.

Mayor Mills declared a public hearing in session to consider the proposed budget for FY 2005-2006.
City Manager Jim Collard presented the City of Shawnee Annual Budget for Fiscal Year 2005-2006.
He the called upon City Treasurer Becky Cragin to read the various updated changes to the budget.
The proposed budget follows:

General Fund $24,640,560
Shawnee Municipal Authority 8,728,430
Shawnee Airport Authority 824,816
Capital Improvement Fund 3,941,758
Street Improvement Fund 4,137,809
All other Funds 3,221,557
Total $35,494,930

The city treasurer stated that although this was presented by as a line-item budget, the transfers are by category and are still approved by category.
Mayor Mills asked if there were other to address the budget. There were no others and the public hearing was closed.
Commissioner Schrzan stated that in due respect to the city manager and staff presenting the budget, he would vote “nay” due to certain items such as the lowering of SCCDA’s transfer of funds to $500,000.
Resolution No. 6237 was read into record.

Resolution No. 6237 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 2005 through June 30, 2006 finding all things requisite and necessary to have been done in preparation and presentation of said budget.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Resolution No. 6237 be approved. Motion carried.
AYE: Peterson, O’Neal, Mills, Downing, Claybrook,
NAY: Schrzan

Thereupon Mayor Mills declared Resolution No. 6237 duly passed and adopted.
AGENDA ITEM NO. 17: Open and consider sealed bids for selling 1978 Boardman 1000 GPM Pumper. (Fire Department)

Fire Chief Jerry Bower reported that no bids had been received and asked to explore other options.
AGENDA ITEM NO. 18: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)

There was no New Business.

AGENDA ITEM NO. 19: Administrative Reports.

City Engineer John Krywicki gave updates on the street projects, Wallace Street bridge near completion, and installation of sidewalks at Main and Harrison.
Utility Director Afsaneh Jabbar reported on water and wastewater activities, collections of samples, lake level at 1066 as a result of rain, cleaning basins, and next quarter intend to treat Wes Watkins water.
City Treasurer Becky Cragin issued the treasurer’s report.
City Attorney John Canavan reported that he had contacted the election board secretary, Diana Knight, and she stated that the City would have time to call a special election at the June 20th meeting. The tentative dates for filing would be 7/11-13/05 and the election would be September 13, 2005.
He noted that there is a 60-day requirement between elections. Other option election dates would be December 6 or December 13, 2005.
AGENDA ITEM NO. 20: Citizens Participation. (A five minute limit per person) (A fifteen minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 21: Consider an Executive Session to discuss contract negotiations with International Association of Firefighters Local No. 1628 as authorized by 25 O.S. 307(B)2.

A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Commission go into Executive Session to discuss contract negotiations with International Association of Firefighters Local No. 1628 as authorized by 25 O.S. 307(B)2. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 10:26 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION NOW RECONVENED AT 10:44 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 22: Consider matters discussed in Executive Session regarding contract negotiations with International Association of Firefighters, Local No. 1628 as authorized by 25 O.S. 307(B)(2).

Mayor Mills announced that the executive session was for informational purposes only and that no action would be taken.
AGENDA ITEM NO. 23: Commissioners Comments.

There were no Commissioners Comments.

AGENDA ITEM NO. 24: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Schrzan, seconded by Commissioner Downing, that the
meeting be adjourned. Motion carried. (10:45 p.m.)
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Peterson
NAY: None
___________________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_________________________________
DIANA HALLOCK, CITY CLERK



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