BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 2, 2006 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 2, 2006 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.
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Marva O’Neal Wes Beck
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson David Daugherty
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
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. 14.
b. Minutes from the September 18, meeting.
c. Budget amendment in Shawnee Municipal Authority.
d. Transfers of Appropriation in General Fund.
e. Acknowledge the following reports and minutes:
* Civic and Cultural Development Authority minutes from the August 17 and August 30, 2006 meeting.
* Planning Commission minutes from the September 6, 2006 meeting.
* Airport Advisory Board minutes from the August 23, 2006 meeting.
f. Acknowledge Workers Compensation settlement with Thomas Pringle in the amount of $26,400.00
g. Approve Oklahoma Municipal Retirement Fund application for distribution of monies to Cheryl Nichols.
h. Approve Housing Authority Contract for the provision of supplemental police services.
i. Acknowledge Financial Statements and Auditor’s Report from Pioneer Library System for year ended June 30, 2006
j. Mayor’s Appointment:
Tourism Advisory Committee
Appoint Jessica Stewart to replace Nila Patel
Before voting on the consent agenda, Vice Mayor Peterson requested to pull for separate consideration Agenda Item 1(b), the Minutes from the September 18, 2006 meeting.
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that Consent Agenda Items No. 1 (a-k), excluding item 1(b) be approved. Motion carried 7-0.
AYE: Claybrook, Schrzan, O’Neal, Mills, Beck, Peterson, Daugherty
Vice Mayor Peterson requested the minutes of the September 18, 2006 meeting be pulled to make a correction to Agenda Item No. 11. It was noted that Commissioner Claybrook had voted “Nay” on this item to approve Resolution No. 6285, establishing a water surcharge fee. The minutes did not reflect Commissioner Claybrook’s “Nay” vote and therefore, a correction should be made changing the vote from from 7-0 in favor of the resolution to to 6-1.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the minutes of September 18, 2006, with noted correction to Item No. 11. Motion carried 7-0.
AYE: Peterson, O’Neal, Mills, Beck, Daugherty, Claybrook, Schrzan
AGENDA ITEM NO. 2: Mayor’s Presentations:
a. Officer of the Month plaque to Officer Steve Hudgins.
Mayor Mills presented a plaque to Steve Hudgins, as the September Officer of the month, in recognition of his excellent dedication to the City of Shawnee.
b. Certificates of Appreciation to Reverend Larry Sparks and
Reverend Emmitt Hazelwood.
Mayor Mills also presented Certificates of Appreciation to Reverend Larry Sparks and Reverend Emmitt Hazelwood for their service to the City Commission in providing the invocation. Mayor Mills spoke of both men’s dedication to the City and their willingness to respond when called upon. Reverend Emmitt Hazelwood was unable to attend due to health issues. Reverend Sparks was in attendance to accept his certificate and also accepted on behalf of Reverend Hazelwood.
AGENDA ITEM NO. 3: Introduction of Sister Cities delegates from the City of Nikaho, Japan and Mayor’s Presentation.
Mayor Mills introduced the Sister Cities delegates from the City of Nikaho, Japan and presented each with a token gift. The 20 delegates consisted of 10 girls, 6 boys, and 4 adult sponsors.
Honami Abe, Yumi Sato, Hideka Iio, Chisato Honma, Chizuru Shoji, Yumi Nakamura, Motoko Tomaki, Momoka Yokoyama, Moeko Hagino, Saki Murakami. The 6 boys are: Daisuke Abe, Masahiro Yamada, Tomomi Kato, Hiroki Murayama, Shohei Sato, and Rhohei Waizumi. And the adults delegates are: Masahiko Suda, Yoshinobu Morii, Taira Kano, and Yoshihito Sato.
Mayor Mills also made a special presentation to Masahiko Suda by presenting him a plaque for his involvement with the Sister Cities program. Mr. Suda accepted and gave his thanks with the help of Ms. Mina Cory, translator.
AGENDA ITEM NO. 4: Mayor’s Proclamations:
“Sister Cities Week”
September 28 – October 3, 2006
(accepted by Masahiko Suda, 2006 Sister Cities delegate from Nikaho, Japan)
“Crime Prevention Month”
(accepted by Butch Cushman, President of Westside Neighborhood Watch)
“City-Wide Clean-up Month”
(accepted by Tom Terry, Shawnee Beautification Committee member)
AGENDA ITEM NO. 5: City Manager’s presentation to Employee of the Month (Brad Schmidt, Line Maintenance Division) (Continued from 9/18/06)
City Manager Jim Collard presented Brad Schmidt, Line Maintenance Division, as the September employee of the month in recognition of his excellent dedication to the City of Shawnee. Mr. Schmidt was present to accept.
AGENDA ITEM NO. 6: Swearing in of Police Chief William Mathis by Municipal Judge Robert Jones.
Municipal Judge Robert Jones conducted a swearing-in-ceremony and administered the oath of office to Mr. William Mathis as the new Police Chief.
City Manager Jim Collard presented Police Chief Mathis with his badge of office.
THE CITY COMMISSION RECESSED AT 6:10 P.M. FOR RECEPTION TO WELCOME POLICE CHIEF MATHIS (15 minutes)
THE CITY COMMISSION RECONVENED AT 6:25 P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 7: Discuss and consider contract with ONEOK to purchase natural gas at locations that would provide savings to the city.
Finance Director Becky Cragin spoke regarding this issue. Mr. Dave Miller, from ONEOK was also present to respond to questions from the Commission. Ms. Cragin explained that by purchasing natural gas through ONEOK the City could save from $10,000 - $12,000 annually. The city facilities that qualify to purchase from ONEOK are City Hall, Public Works building and the Water Treatment Plant. Mr. Miller indicated that other city buildings would be grandfathered into this program if they become eligible.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve contract with ONEOK to purchase natural gas at locations that would provide savings to the city. Motion carried 7-0.
AYE: Peterson, O’Neal, Mills, Beck, Daugherty, Claybrook, Schrzan
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 1135 E. Highland from C-1; Neighborhood Commercial District to R-1; Single Family Residential District for use a single family residence. (Applicant: Shawnee Affordable Housing LP o/b/o Christopher and Carol Silvia).
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 1135 E. Highland from Neighborhood Commercial District to Single Family Residential District for use as single family residences.
Mayor Mills asked if anyone was in favor of or in protest of the request to rezone property.
Community Development Director Mike Southard gave the staff report and it was noted the Planning Commission recommended approval.
No formal or written protests were made.
Mike Little, representing Shawnee Affordable Housing, LP was present and responded to questions from the Commission. Commissioner Peterson expressed concern regarding changing the zoning of this property. She specifically mentioned the three houses that will face Highland Street and the difficulty of having driveways off Highland Street. She questioned if placing homes on a state highway was a step backwards.
Mayor Mills also expressed concern and specifically mentioned Shawnee’s lack of a gateway when coming from the east. He questioned whether these properties would someday be rezoned commercial. Mike Little responded that the lots were too shallow to be major commercial properties.
No one else appeared and the public hearing was closed.
Ordinance No. 2280NS was introduced and the title read aloud.
ORDINANCE NO. 2280NS 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 THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN (17) AND EIGHTEEN (18), BLOCK EIGHT (8), AMENDED PLAT OF BLOCKS ONE (1), TWO (2) EIGHT (8), THIRTEEN (13) AND SIXTEEN (16) OF WHITTAKER’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-1; NEIGHBORHOOD COMMERCIAL DISTRICT TO R-1; SINGLE FAMILY RESIDENTIAL DISTRICT.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Beck, that the Title and Ordinance No. 2280NS be approved. Motion carried 7-0.
AYE: Schrzan, Beck, Peterson, Daugherty, Claybrook, O’Neal, Mills
Thereupon Mayor Mills declared Ordinance No. 2280NS duly passed and adopted.
AGENDA ITEM NO. 9: Consider extending and amending moratorium on lake lease transfers.
Community Development Director Mike Southard addressed this issue and requested an additional 60 days moratorium on lake lease renewals and transfers not meeting current code requirements.
After a brief discussion, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve extending the moratorium on lake lease renewals and transfers not meeting current code requirements an additional 60 days.
Motion carried 7-0.
AYE: Schrzan, Peterson, Daugherty, Claybrook, O’Neal, Mills, Beck
AGENDA ITEM NO. 10: Consider Local Government Cooperative Agreement with Independent School District 93 of Pottawatomie County for walking track on school property. (Continued from 9/18/06)
This item appeared before the City Commission on September 18, 2006 and was continued at that time at the request of the City Commission. The City Attorney and City Staff, at the direction of the City Commission, amended the agreement to clarify certain aspects of the agreement, including the issue of maintenance of the walking path upon completion.
Stephanie Canada from Will Rogers Elementary Schools appeared before the Commission to respond to questions.
It was noted by Jim Collard, City Manager, this agreement would be renewed automatically each year unless either party requests termination.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve Local Government Cooperative Agreement with Independent School District 93 of Pottawatomie County for walking track on school property. Motion carried 7-0.
AYE: Peterson, Daugherty, Claybrook, Schrzan, O’Neal, Mills, Beck
AGENDA ITEM NO. 11: Consider Commercial Lease Agreement with Wave Technologies, Inc. for lease of airport property located at 1821 Airport Drive.
Mayor Mills noted that this item had previously been recommended for approval by the Airport Advisory Board. He also spoke of the additional $93,000 revenue this lease would generate for Shawnee Regional Airport each year.
Michael Maxwell, Director of Legal Affairs for WAVE Technology, was present to answer questions. Mr. Maxwell indicated that WAVE Technology’s primary duty would be to gather and analyze intelligence reports from overseas. He further indicated that WAVE Technology was ready to move forward with this lease as soon as the Army Corp. of Engineers terminates its lease with the Airport.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve the Commercial Lease Agreement with Wave Technologies, Inc. for lease of airport property located at 1821 Airport Drive. Motion carried 7-0.
AYE: Claybrook, Peterson, Daugherty, Schrzan, O’Neal, Mills, Beck
AGENDA ITEM NO. 12: Consider acceptance of Legacy Park water, sewer and detention facilities and placing maintenance bonds into effect.
A motion was made by Commissioner Claybrook, seconded by Commissioner Beck, to approve acceptance of Legacy Park water, sewer and detention facilities and placing maintenance bonds into effect. Motion carried 7-0.
AYE: Claybrook, Beck, Peterson, Daugherty, Schrzan, O’Neal, Mills
AGENDA ITEM NO. 13: Discuss and consider water agreement with City of Tecumseh.
City Manager Jim Collard spoke to this issue and stated that there had been some misinformation published regarding the City’s position on this matter. Mr. Collard stated that the City of Tecumseh currently has the ability to get treated water from the City of Shawnee. He further indicated that there are several agreements tied to this issue that would be impacted by a new agreement to provide water.
Utility Director Afsaneh Jabbar addressed other aspects of this issue, such as the ability to successfully and cost effectively treat raw water from Wes Watkins Reservoir and who would be responsible for construction of a raw water line from Wes Watkins to the Tecumseh Treatment Plant. Ms. Jabbar asked the Commission to continue this item for 60 days to allow staff additional time to gather more information and determine how other agreements would be affected by this request.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to continue the consideration of a water agreement with City of Tecumseh for sixty (60) days. Motion carried 7-0.
AYE: Schrzan, Peterson, Daugherty, Claybrook, O’Neal, Mills, Beck
AGENDA ITEM NO. 14: Consider Bids:
The following bids were read into record.
a. New Community Center Roof (Open)
Oklahoma Roofing & Sheet Metal $23,625.00
Shawnee, OK 74802
Westchester Development Co. $14, 870.00 plus
Shawnee, OK 74804 $840.00 for ventilation
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to defer bids to staff for review and recommendation at the October 16, 2006 city commission meeting. Motion carried 7-0.
AYE: Schrzan, Peterson, Daugherty, Claybrook, O’neal, Mills, Beck
b. Cemetery Surplus Property – Southwest Corner of Harrison & Grant Streets (Open)
Jerome and/or Shirley Johnson $20,000.00
A motion was made by Commissioner O’Neal, seconded by Vice Mayor Peterson, to defer bid to staff for review and recommendation at the October 16, 2006 city commission meeting. Motion carried 7-0.
AYE: O’Neal, Peterson, Daugherty, Claybrook, Schrzan, Mills, Beck
AGENDA ITEM NO. 15: 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. 16: Administrative Reports
Under Administrative Reports, Mike Southard announced that a joint meeting of the Planning Commission and City Commission was scheduled for November 1, 2006 at 2:00 p.m. Mr. Southard also discussed the Wayfinding Study. He spoke at length regarding firms making proposals for this study. City Manager Collard spoke of the economic and traffic flow benefits of the Wayfinding Study.
Mr. Southard also informed the Commission of the status of replacing the carpet at the library. He stated that library staff felt that January, 2007 would be the best time to begin the project. Planning Department staff will begin putting bid packets together this month.
The City Manager welcomed Police Chief Mathis to the City of Shawnee. Mr. Collard also wanted to remind citizens that water is still a major concern and to remain mindful of our water consumption. He stated that the water year just ended was the second driest year on record, with only 19” of rainfall.
AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 18: Commissioners Comments
Mayor Mills reminded everyone of local and state events coming up this week, mentioning the OU-Texas football game, a Tasty Affair, the St. Benedict’s carnival and Think Pink month for breast cancer awareness.
AGENDA ITEM NO. 19: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, that the meeting be adjourned. Motion carried 7-0. (7:50 p.m.)
AYE: Schrzan, Daugherty, Claybrook, O’Neal, Mills, Beck, Peterson
CHUCK MILLS, MAYOR
PHYLLIS LOFTIS, DEPUTY CITY CLERK
FOR DIANA HALLOCK, CITY CLERK
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