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Date: 8/15/2005Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 8:38:30 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 15, 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, August 15, 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 Chris Harden
Commissioner Ward 3 Commissioner Ward 4

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

INVOCATION Reverend Bob Searl
University Baptist Church

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. 11.

b. Minutes of the August 1, 2005 meeting.

c. Acknowledge the following reports and minutes:

 Sales Tax Report through August, 2005

 Shawnee Community Center report for the month of July, 2005

 Utility Division Consumption and Revenue report.

 Shawnee Urban Renewal Authority minutes from the July 19, 2005 meeting.

 Planning Commission minutes from the July 6, 2005 meeting

 Shawnee Beautification Committee minutes from the June 6, 2005 meeting.

 Shawnee Airport Advisory Board minutes from the August 18, 2004 meeting.

d. Approve Application for Distribution of lump sum retirement funds for Kristi Bruno.

e. Approve Application for Distribution of retirement funds for Kenneth Etchieson, Jr.

f. Acknowledge dates set for Ward Residents Meetings to be held at Shawnee City Hall Commission Chambers.

g. Reappointment:

Shawnee Public Library Board

Reappoint Patti Hillhouse to a three-year term to expire 6/30/08.

Before voting on the Consent Agenda, items (b), (c) and (f) were pulled for separate consideration.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve the Consent Agenda Item No. 1(a-g); less (b), (c), and (f). Motion carried 7-0.

AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Harden
NAY: None
Regarding 1(b), it was clarified that the correction to July 18, 2005 minutes pertained to the point of order motion needing to be moved from Agenda Item No. 10 to Agenda Item No. 11 and leave motions as printed; correction to the flag salute should read Vice Mayor Peterson, and the abstention vote by Vice Mayor Peterson under Agenda Item No. 1 be changed to an “aye” vote.
Under 1(c), Commissioner Schrzan questioned the increase in the City’s sales tax for the month and if it would be used for the Exposition Center. Staff would check on a quarterly basis before designating funds.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson to approve Agenda Item No. 1. (b) and (c) with noted corrections. Motion carried 7-0.

AYE: Schrzan, Peterson, Downing, Claybrook, O’Neal, Mills, Harden
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamations.

Mayor Mills issued the following proclamations:

“Library Centennial Celebration Day”
August 20, 2005
(accepted by Librarian Yvonne Hinchee and eight volunteers)

“Yvonne Hinchee Day”
August 30, 2005
(accepted by Librarian Yvonne Hinchee, retiring August 30, 2005)

Now Agenda Item No. 1(f) was considered.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Harden, for staff to confirm the dates for the ward residents meetings to be held at City Hall Commission Chambers and notify media. Motion carried 7-0.

AYE: Peterson, Harden, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None



AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month. (Kelly Lee, Planning/Code Enforcement Secretary).

City Manager Jim Collard presented a plaque and gift certificate to Kelly Lee, Planning/Code Enforcement Secretary, as the August employee of the month in recognition of her dedicated service to the City of Shawnee.

AGENDA ITEM NO. 4: Introduction by Police Chief Chitwood of Shawnee Bicycle Patrol.

Police Chief Mike Chitwood reported on the success of the Bicycle Patrol and how popular it has been in the community. He noted that in two weeks several arrests had been made by the patrol.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance rezoning property located at 421 West Rosa from R-1; Residential District to C-1; Neighborhood Commercial District to expand restaurant parking. (Applicant: David Belyeu o/b/o Home Sweet Home Rentals).

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 421 West Rosa for use to expand the parking lot for restaurant, The Veranda.
Community Development Director Mike Southard gave the staff report. It was noted that the Planning Commission recommended approval and no protests had been filed with the City Clerk.
There were no others to appear and Mayor Mills closed the public hearing.

Ordinance No. 2215NS was introduced and the title read aloud.

Ordinance No. 2215NS entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Pottawatomie County, Oklahoma, to-wit: Lots Eleven (11) and Twelve (12), Block Forty-two (42), Rose Garden Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from R-1; Residential District to C-1; Neighborhood Commercial District and amending the official zoning map of the City of Shawnee accordingly.”

A motion was made by Commissioner Downing, seconded by Commissioner Harden, that the title and Section 1 be approved. Motion carried 7-0.

AYE: Downing, Harden, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2215NS duly passed and adopted.

AGENDA ITEM NO. 6: Consider condition of sidewalk at 721 N. Louisa for purposes of determining whether or not it constitutes a danger to public safety and determine if repairs should be made immediately.

City Manager Jim Collared reported that staff had received information from a resident at 721 N. Louisa that the sidewalk in front of her home was being damaged by tree roots in the yard and she reported her concerns for safety and repairs.
In staff’s research, the ordinance states that unsafe sidewalks are the responsibility of the property owner.
Upon discussion, the city manager recommended that staff conduct further research on this matter and look for a solution.
A motion was made by Commissioner Schrzan, seconded by Commissioner Harden, to defer action on the sidewalk at 721 N. Louisa and direct staff to conduct a review and make a report to the Commission. Motion carried 7-0.

AYE: Schrzan, Harden, Peterson, Downing, Claybrook, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 7 Consider governmental services contract agreement between the City and Shawnee Civic and Cultural Development Authority.

The proposed agreement between the City and the Civic and Cultural Development Authority (SCCDA) was presented and an overview was given by the city manager.
It was suggested that a joint meeting be held with SCCDA to workout the agreement to the satisfaction of both entities.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to defer the contract agreement between the City of Shawnee and the Shawnee Civic and Cultural Development Authority to a future joint meeting. Motion carried 7-0.

AYE: Peterson, Downing, Claybrook,Schrzan, O’Neal, Mills, Harden
NAY: None

AGENDA ITEM NO. 8: Consider a resolution declaring certain fire equipment surplus and obsolete and donating said equipment to the City of Konawa.

Fire Marshal Allen Heilaman gave the staff report advising the Commission that fire pumper was outdated and selling it to other municipalities through the bidding process was unsuccessful.
A letter from the City of Konawa requested donation of the pumper and the fire department recommended donation of the surplus vehicle to the municipality.
City Attorney John Canavan informed the Commission that if the City of Konawa decided it was not needed, the City of Shawnee would have first choice if they wanted it back in accordance to intercity cooperation statute.


Resolution No. 6246 was introduced and the title read aloud.

Resolution No. 6246 entitled “A resolution declaring certain fire equipment obsolete and surplus to the needs of the City of Shawnee and the Shawnee Fire Department, and providing for the donation of said fire equipment to the City of Konawa to be used for fire protection.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to approve the Title and Resolution No. 6246. Motion carried 7-0.

AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Harden, Peterson
NAY: None

Thereupon Mayor Mills declared Resolution No. 6246 duly passed and adopted.

AGENDA ITEM NO. 9: Consider a resolution declaring certain items of personal property in the possession of the Chief of Police available for public sale.

Police Chief Mike Chitwood reported that list of items had been declared disposable by the District Judge.
The auction would be held on Saturday, October 8th and the proceeds would go to the General Fund.

Resolution No. 6247 was introduced and title read aloud.

Resolution No. 6247 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 for more than six months; 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 Harden, seconded by Vice Mayor Peterson, to approve the Title and Resolution No. 6247. Motion carried 7-0.

AYE: Harden, Peterson, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Resolution No. 6247 duly passed and adopted.

AGENDA ITEM NO. 10: Discussion regarding selling lot at Main and Broadway and consider authorizing staff to proceed with sale.

City Manager Jim Collard asked the Commission’s guidance regarding the selling of lot located at Main and Broadway.
Upon discussion, the city attorney advised that the city cannot specify the use of the property if it was to be sold.
A motion was made by Commissioner Downing, seconded by Commissioner Harden, to authorize staff to proceed with “Request for Proposals” on the lot at Main and Broadway. Motion carried 7-0.

AYE: Downing, Harden, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 11: Consider bids received for One Walk-Behind Concrete Saw.

The following bids were opened and read aloud into record.




Diesel Gasoline
Bidder Amount Amount


Brown Machinery, In. $11,110.00 $10,009.00
Oklahoma City, OK

Contractors Supply Company 10,576.00 9,600.00
Oklahoma City, OK

A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to defer the One Walk-Behind Concrete Saw bids to staff for a report and recommendation at the next meeting. Motion carried 7-0.

AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Harden
NAY: None

AGENDA ITEM NO. 12: 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. 13: Administrative Reports.
Under Administrative Reports, City Engineer John Krywicki gave an update on the street projects: Independence and MacArthur redesign and overlay; Kickapoo Street project from I-40 to 45th Street; light installed at Westech Road and Kickapoo; Leo and 45th Street light to be in operation in two weeks; and a schedule of the street projects will be distributed to the Commission for review to re-prioritize if necessary.

AGENDA ITEM NO. 14: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)

There was no Citizens Participation.



AGENDA ITEM NO. 15: Commissioners Comments.
Under Commissioners Comments, Commissioner Claybrook mentioned that it had been one year since City Manager Jim Collard had been employed with the City. Appraisal forms had been provided and it was the consensus of the Commission to place on the September 6th agenda an executive session to conduct the appraisal.
Vice Mayor Peterson reported on the sister cities exchange trip to Nikaho, Japan from August 2 – 9 as one of the 23 delegates. She reported that it was a good trip and it was the 15th anniversary as sister cities and end of an era for the town of Nikaho which will be merging with two other towns in October to become the “City of Nikaho.”

AGENDA ITEM NO. 16: Adjournment.
There being no further to be considered, a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 7-0. (6:46 p.m.)

AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Harden
NAY: None

______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK

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