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Date: 10/3/2005Board: City CommissionDocumentType: MinutesWeb Posted: 8/25/2006 8:47:19 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

OCTOBER 3, 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, October 3, 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 Marva O’Neal____
Commissioner Ward 1 Commissioner Ward 3

Chris Harden Linda Peterson, Vice Mayor
Commissioner Ward 4 Commissioner Ward 5

Bob Downing
Commissioner Ward 6

ABSENT:

Tom Schrzan
Commissioner Ward 2

INVOCATION Reverend Larry Sparks
New Beginnings Church

FLAG SALUTE Mayor Mills

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

a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in agenda item No. 10.

b. Consider approval of minutes from the September 19, 2005 meeting.

c. Acknowledge the following reports and minutes:

* Shawnee Community Center report for the month of August, 2005.

* Warrant Officer report for the month of August, 2005.

* Shawnee Civic and Cultural Development Authority minutes from the August 18 and August 29, 2005 meetings.

d. Acknowledge letter of appreciation from Steve Parrott to Chief Chitwood regarding the professionalism and courtesy exhibited by Officer Bricen Mohr.

e. Acknowledge donation of a 2½-ton truck from Oklahoma Natural Gas Company for use as a prime mover vehicle for the mobile command post trailer.

f. Authorize staff to apply for sub-grant of Emergency Management Performance Grant Funds from Oklahoma Department of Emergency Management.

g. Approve permit No. WL000063050837 for construction of 656 linear feet of 10” PVC water line and all appurtenances to serve the Mall East Section 2.

h. Approve permit No. WL000063050550 for construction of 630 linear feet of 12” PVC water line, 150 feet of 8” PVC water line and all appurtenances to serve the Shawnee Mission Plaza Section 5 Addition.

i. Approve permit No. SL000063050551 for the construction of 380 linear feet of 8” gravity sewer line and all appurtenances to serve the Shawnee Mission Plaza Section 5 Addition.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve Consent Agenda 1 (a-i) as presented. Motion Carried 6-0.

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

AGENDA ITEM NO. 2: Mayor’s Presentation:

“Walk and Bike to School Day”
October 5, 2005
(Accepted by Stephanie Canada, Coordinator of event and Teacher at Will Rogers Elementary School)

AGENDA ITEM NO. 3: Presentation of $550.00 from “Firecracker Joe” Snodgrass to Roy Reece, Shawnee Fire Department, for the sale of 3-D glasses and glow sticks at the 2005 Red, White & Blue Celebration.

Fire Chief Jerry Bower on behalf of the Shawnee Fire Department accepted a $550.00 check from “Firecracker” Joe Snodgrass from the sale of 3-D glasses and glow sticks sold at the 2005 Red, White and Blue Celebration at the Expo Center in July.

AGENDA ITEM NO. 4: Presentation by Jim Sims regarding handicapped issues.

Mr. Jim Sims, local resident, gave a power-point presentation regarding ramp/sidewalk issues for the handicapped. In the power-point, he pointed out several areas in downtown that do not have ramps to accommodate the handicap and wheelchair users. The Bank First Drive on north side crosswalk does not have a ramp nor a ramp at the intersection of Union and Main Street.
Concluding his presentation, he asked that a knowledgeable decision be made regarding the location of ramps for the handicapped.



AGENDA ITEM NO. 5: Presentation by Dr. Brister, Randy Smith and John Patterson regarding Oklahoma Baptist University Wellness Center.

First appearing before the Commission was Dr. Brister, President of Oklahoma Baptist University, introducing Mr. Randy Smith who presented the proposed plans to build a Wellness Center on the campus.
In Mr. Smith’s presentation, the Center will be located where Clark Craig Field House now stands. He stated that the field house was closed and described the proposed Wellness Center. He noted that Phase I is due to start late April or May of 2006.
It was OBU’s request to place on the next agenda a resolution for the City to authorize issuance of the bonds since the City is the beneficiary of the University’s Trust Authority. The issuance would be on December 1, 2005. He stated that the bond issuance has no obligation on the part of the city
The city attorney would review the resolution and it would be placed on the October 17th agenda.

City Commissioner Schrzan now present 5:49 p.m.

AGENDA ITEM NO. 6: Presentation by Pat McCormick of Shawnee Economic Development Foundation semi-annual report and audit report.

The Semi-Annual Report of Activities (January 1, 2005 through September 1, 2005) and Audit Report (December 31, 2004 and 2003) for the Shawnee Economic Development Foundation was given by Pat McCormick, Director of the Foundation.
She gave an overview of the activities and her main focus was on the expansion and retention of the established industries. Other areas in the report were expansion and retention of established industry, infrastructure development and improvements to commercial and industrial areas; marketing and recruitment; support services; training and administrative services.

AGENDA ITEM NO. 7: Discussion regarding leasing or renting parking in downtown area.

Community Development Director Mike Southard informed the Commission that he had been approached by several business owners for the city to help alleviate the parking issues of long term parking in front of businesses and possibly re-enforcement of patrol.
Mr. Southard reported that there was ample parking and stated more than 700 parking spaces in the public parking lots downtown were not being used. For example, numerous parking spaces are south of Main Street and behind the Hornbeck Theater which is approximately 1,200 feet from Ninth and Broadway. A power-point view identified nine parking lots behind businesses were not being used.
Ms. Rachael Monroe, manager of Intervest Properties, owners of the Masonic Building and the old Federal National Bank building, addressed the Commission stating that she had conducted research on parking and had ideas of City leasing parking spaces to prospective tenants.
There needs to be incentives for owners or tenants to park in the empty lots.
Also appearing was Mr. Bob Snelson, manager of the Broadway Building at 9th and Broadway, voiced his concerns about leasing of parking spaces since some tenants would not be able to afford it.
After discussion, it was Commission’s consensus that staff talk to Downtown Shawnee, talk to merchants, and develop a consensus that the parking situation be worked out as a community.

AGENDA ITEM NO. 8: Discuss and reconsider commission recommendation from December 20, 2004 regarding property at 147 S. Draper owned by Travis Guess.

Community Development Director Mike Southard advised that complaints from adjoining property owners to property at 147 S. Draper have been received; and to-date, Mr. Guess, owner of property, has not done work. The property has tall grass and weeds and the drainage from the driveway is eroding the retaining wall next the to adjoining property.
Mr. Southard further reported that Mr. Guess has not complied with the extension granted in December of 2004. Grass and weeds have continued to grow and a drainage problem in the driveway has promoted eroding of the retaining wall. City staff has been unsuccessful in contacting the individual who has until February 28, 2006 to complete the code requirements.
City Attorney John Canavan advised the City Commission that if they did not want to wait for the hearing in February they could proceed to declare the property a public nuisance and give public notice.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to accept staff’s recommendation and start the process to declare property at 147 S. Draper a public nuisance and issue a public notice. Motion carried 7-0.

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

AGENDA ITEM NO.9: Consider an ordinance granting the police chief authority to establish the manner by which pawnbrokers, auction houses, salvage yards and junk dealers report their article lists and defining items and personal description.

An ordinance granting the police chief the authority to establish the manner in which pawnbrokers, auction houses, salvage shops and junk dealers to report their article lists on a software program was discussed in detail.
Police Chief Mike Chitwood stated that the purpose of the ordinance would be for investigative purposes for criminal activity and for law enforcement only.
Mr. Allan Grubb, attorney for Mr. Dale Davis, owner of the Circle D Pawn Shop, appeared to express concerns about the reporting aspect and questioned if the ordinance was in compliance with State Consumer Credit regulations.
Mr. Dale Davis also appeared to convey that he had concerns for the privacy of his customers.
A motion was made by Commissioner Harden, seconded by Commissioner Schrzan, to refer this ordinance to the city attorney to research for legalities and report to the Commission at the next meeting. Motion carried. 7-0

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

AGENDA ITEM NO. 10: Consider bids received for Cutting and Mowing of Rank Weeds and the Clean-up of Trash and/or Debris. (Open)

The following bids were opened and read into record as follows:


a. Mowing and Cleaning Weeds and Trash and/or Debris (Open)

R&R Mowing GIG Services John Stretch Bill Santino
Tecumseh, OK Shawnee, OK Tecumseh, OK Tecumseh, OK
1. Show Up Fee $30.00 $15.00 $20.00 $25.00

2.a. Cut up to ¼ acre $59.00 $30.00 $60.00 $50.00

b. Cut ¼-1/2 acre $59.00 $32.50 $70.00 $75.00

c. Cut ½-3/4 acre $65.00 $35.00 $80.00 $100.00

d. Cut ¾ to 1 acre $65.00 $37.50 $90.00 $125.00

e. Cut 1 acre or more/per acre $65.00 $40.00 $90.00 $125.00
3.a. Removal ½ ton trash $65.00 $45.00 $50.00 $125.00

b. Removal Refrigerator or A/C $35.00 $15.00 $10.00 $45.00

4.a. Vehicle Tires $2.50 $4.00 $3.00 $5.00

b. Large Semi/Tractor Tires $7.00 $6.00 $5.00 $15.00

A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the bids be deferred for staff to review and make a recommendation on the Mowing and Cleaning Weeds and Trash and/or Debris at the next meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

Under Administrative Reports, Community Development Director Mike Southard reported that a sidewalk committee was being established with volunteers that consists of two to three Planning commissioners, a couple from the public and building community, and two from the Commission. Mayor Mills and Vice Mayor Peterson volunteered to be on the committee.
The committee will give its recommendations to the Planning Commission at the end of three months.
City Treasurer/Finance Director Becky Cragin reported that from the Investment Policy approved last spring by the Commission, an Investment Advisory Committee had been established and were meeting regularly. The committee members are Vice Mayor Peterson, former City Finance Director Jim Wilsie, Utility Director Afsaneh Jabbar, and OBU professor Dan Reeder.
City Manager Jim Collard reported that the Ward 2 meeting was successful and the next meeting will be Ward 3 on Thursday, October 6th.

AGENDA ITEM NO. 13: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)

Under Citizens Participation, Mr. Michael Beck, commercial truck driver, was cited for parking his commercial truck cab in his yard and he expressed his disappointment with his occupation being pointed out and requested the Commission review the current ordinance.

AGENDA ITEM NO. 14: Consider an Executive Session for the following purposes:

a. Update on contract with International Association of Firefighters Local No. 1628 pursuant to 25 O.S. §307(B)(2).

b. Purchase and appraisal of real estate located at the northwest corner of Harrison & Independence pursuant to 25 O.S. 307(B)(3).

A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the Commission go into Executive Session to discuss matters pertaining to contract with International Association of Firefighters, and purchase and appraisal of real estate. Motion carried 7-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:08 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:55 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session:

a. Update on contract with International Association of Firefighters Local No. 1628 pursuant 25 O.S. §307(B)(2).

No action was taken concerning the update on contract at this time.

b. Purchase of property located at the northwest corner of Harrison and Independence pursuant to 25 O.S. 307(B)(3).

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to direct the city manager and city attorney to inquire to the property owner of property located at the northwest corner of Harrison and Independence if they were interested in selling the property to the City of Shawnee.

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

AGENDA ITEM NO. 16: Commissioners Comments

Under Commissioners Comments, Commissioner Harden reported that graffiti has become a problem for some area churches where graffiti is being sprayed on fences and walls.
Commssioner Harden suggested to staff that a reward program be established as an incentive to report the offenders.
Police Chief Mike Chitwood agreed that he would check further having in mind to use those that are on probation to cleanup the graffiti.
Vice Mayor Peterson commented that she was impressed with the information given at the Ward 2 meeting about actions taken through neighborhood watch programs that have reduced crime in their neighborhoods.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 7-0. (9:00 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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