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Date: 2/5/2007Board: City CommissionDocumentType: MinutesWeb Posted: 2/22/2007 4:29:50 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 5, 2007 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, February 5, 2007 at 6:30 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 Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3

Vacant Linda Peterson
Commissioner Ward 4 Commissioner Ward 5 Vice Mayor

David Daugherty ________________
Commissioner Ward 6

ABSENT: Pam Stephens
Commissioner Ward 1

INVOCATION Don Lynch

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda.

In consideration of the Agenda, it was requested that Agenda Item No. 5 be discussed after Agenda Item No. 6 and Agenda Item No. 4 should be heard before Agenda Item No. 3.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, Motion carried 5-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Schrzan
NAY: None
AGENDA ITEM NO. 2: 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. 24.

b. Minutes from the January 16, 2007 meeting.

c. Budget Amendments in Shawnee Municipal Authority, Street Improvement Fund, Shawnee Airport Authority and General Fund.

d. Acknowledge the following minutes:

* Shawnee Urban Renewal Authority minutes from the December 19, 2006 meeting

* Airport Advisory Board minutes from the December 20, 2006 meeting

* Civic and Cultural Development Authority minutes of December 21, 2006 meeting.

* Planning Commission minutes from the December 6, 2006 meeting.

e. Lakesite Lease Transfers:

Lot 8, Magnino A Tract

From: R. Sims and E. Sims
To: R. Stucker and M. Stucker

Lot 13, Magnino Tract

From: G. and T. Parsons
To: S. Parsons

f. Approve extension of Cable Television Franchise permit until March 31, 2007.

g. Authorize staff to negotiate with Sprint/Nextel and 800 MHz Transition Administrator concerning re-banding of the 800 MHz radio spectrum.

h. Authorize staff to execute a mutual aid agreement with Oklahoma Department of Health for radio equipment dispatch center.

i. Renewal of Commercial Insurance for Equipment with Travelers Property Casualty Company of America in the amount of $9,775.

j. Acknowledge Workers’ Compensation settlement in the sum of $31,944.00 to Craig Cooper.

k. Authorize staff to advertise for bids for one Three Point Tractor Mounted Right-of-Way Mower for Parks Department.

l. Authorize one Planning Commissioner to attend the American Planning Associations National Planning Conference in Philadelphia, Pennsylvania, April 14 – 18, 2007.

m. Resolution of Appreciation to Garry Young for 26 years of loyal service and dedication to the Shawnee Police Department.

n. Mayor’s Appointments:

Shawnee Housing Authority

Reappoint Gary Broussard to a three-year term to expire February 4, 2010.

Shawnee Urban Renewal Authority

Appoint Sim K. Sims to a three-year term to expire February 2, 2010.


Vice Mayor Peterson asked that agenda items 2(b) and 2(e) be pulled for further discussion.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that Consent Agenda Item No. 2(a-n), less 2(b and e), be approved as presented. Motion carried 5-0.

AYE: Schrzan, Peterson, Daugherty, O’Neal, Mills
NAY: None

Regarding agenda item 2(b), the Minutes of the January 16, 2007 meeting, Vice Mayor Peterson corrected the language of Item No. 12 to read as follows: “An increase to $13.65 per month to residents from the current $10.00 per month (covers administrative costs).”

A motion was made by Vice Mayor Peterson and seconded by Commissioner Daugherty to approve the minutes of the January 16, 2007 meeting, as corrected. Motion carried 5-0.

AYE: Peterson, Daugherty, Schrzan, O’Neal, Mills
NAY: None

Regarding agenda item 2(e), a lakesite lease transfer, Vice-Mayor Peterson questioned why the map did not indicate distance to the lake. She said it was her understanding that all maps would have this information and requested that staff provide this information on all future maps.

Vice-Mayor Peterson then made the motion to approve item 2(e). Motion was seconded by Commissioner Daugherty. Motion carried 5-0.

AYE: Peterson, Daugherty, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 4: Mayor’s Proclamation and Presentation

“Orlando & Sue Mitchell Day”
February 5, 2007
(Orlando & Sue Mitchell were not present to accept)

“Buford White Day”
February 10, 2007
(accepted by Buford White)

“Black History Month”
February, 2007
(accepted by Russell Roberts, President of Dunbar Heights Association)

Presentation of Officer of the Month plaque to Sgt. Rick Greenland.

Mayor Mills presented a plaque to Sergeant Rick Greenland, Police Officer, as the February employee of the month, in recognition of his excellent dedication to the City of Shawnee. Sergeant Greenland was present to accept.

COMMISSIONER STEPHENS NOW PRESENT AT 6:58 P.M.


AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Regarding the issue of waste removal, the following persons spoke regarding the issue of waste removal: Tom Smith, James Spencer and Cody Deem.
Persons appearing to speak in support of an applicant for the Ward IV Commission seat were as follows: Liz Young on behalf of Timmy Young; Charles Laster, Chuck Skillings, Chris Clark and Richard Finley on behalf of Mark Finley.

AGENDA ITEM NO. 6: Consider an ordinance establishing trash pick-up once a week for garbage and once a week for yard waste, requiring the use of polycarts, describing their placement and setting new charges for trash pick-up service.

Utility Director Afsaneh Jabbar gave a presentation and addressed issues and concerns raised regarding this issue. She explained that it currently costs the City $11.10 per household for waste removal with the present charges to each customer set at $10.00. Charges for the polycart automated system would costs customers $13.65 per month.
Mr. Brent Bowles, General Manager for Allied Waste, was also present to answer questions regarding polycarts. He stated that persons with disabilities would receive assistance with their polycarts. In addressing concerns regarding holiday pick up, he indicated that if the resident’s normal pick up day falls on a holiday, that pick up would be made the following Saturday.
Commission Schrzan asked about persons living on one-way streets and was told by Mr. Bowles that accommodations would be made in that regard that would still allow residents to put their polycarts in front of their houses.
Commissioner O’Neal brought up the issue of the local landfill. Mr. Bowles told her that the Earlsboro landfill had been placed on “mothball” status at this time. It is currently only open for use every other Saturday from 7:00 a.m. to 5:00 p.m. with limits of 3 cubic yards per visit.
After a lengthy discussion, Commission Schrzan made a motion to reject the proposed ordinance, leaving things the way they are, with the intent to hold a public hearing on this issue and receive further input from the Utility Director. Motion dies for lack of a second.
Vice Mayor Peterson then made a motion, seconded by Commissioner Stephens, to defer a decision on the proposed ordinance until after a public hearing. Motion carried 5-1.

AYE: Peterson, Stephens, O’Neal, Mills, Daugherty
NAY: Schrzan


AGENDA ITEM NO. 5: Consider setting work session on February 12, 2007 at 6:00 p.m. to discuss solid waste issues.

It was discussed among the Commission to change the item from a work session to a public hearing. A motion was made by Commissioner Peterson, seconded by Commissioner Daugherty to set a public hearing March 12, 2007 at 6:30 to discuss solid waste issues. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 7: Consider conducting interviews with applicants for Ward Four Commission seat:

a. Timothy Young
b. Kenneth Fullbright
c. S. Keith Hall
d. Shawna K. Turner
e. Mark Finley

Each candidate was present and was given time to make a statement regarding their qualifications for the position. Each candidate was then questioned individually by the Commission.


AGENDA ITEM NO. 8: Discuss and consider appointing Ward Four Commissioner.

Upon the conclusion of the applicant interviews, each commissioner was polled regarding their first choice for Ward IV Commissioner with results as follows:

Daugherty: TIMMY YOUNG
Peterson: MARK FINLEY
Mills: MARK FINLEY
O’Neal: TIMMY YOUNG
Schrzan: TIMMY YOUNG
Stephens: TIMMY YOUNG

A motion was made by Commissioner O’Neal, seconded by Commissioner Daugherty, to appoint Timmy Young as Ward 4 Commissioner. Motion carried 6-0.

AYE: O’Neal, Daugherty, Stephens, Schrzan, Mills, Peterson
NAY: None

It was noted that Timmy Young would be sworn in as Ward 4 Commissioner on February 20, 2007.

CITY COMMISSION RECESSED AT 9:20 P.M.
CITY COMMISSION RECONVENED AT 9:35 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 9: Public hearing and consider an ordinance rezoning property located at 1901 N. Broadway from R-1; Residential District to R-1P; Residential District with Conditional Use Permit to allow for use as a Bed & Breakfast. (Applicant: Linda Griffin). (Continued from December 18, 2006 and January 16, 2007 meetings)

The Planning Commission took no action on this item resulting in an indefinite continuance.

AGENDA ITEM NO. 10: Public hearing and consider an ordinance rezoning property located west of Kickapoo Street and south of 39th Street from C-3; Automotive and Commercial Recreation District to P.U.D; Planned Unit Development for use as office complex with possible multi-family residential. (Applicant: William F. Collins III o/b/o B.A.S. Holdings LLC) (Continued from January 16, 2007 meeting).

Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located west of Kickapoo Street and south of 39th Street for use as office complex with possible multi-family residential.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Community Development Director Mike Southard gave the staff report it was noted that the Planning Commission recommends approval of the rezoning to PUD. The development concept is to construct +/-18 office buildings with a common parking lot. There is a possibility that elderly apartments may be constructed in phase 3 depending upon market needs at that time. This request conforms with the Comprehensive Plan.
There were no formal written protests that had been filed. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2294NS was introduced and the title read aloud.

ORDINANCE NO. 2294NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1324.88 FEET N0000’02”E OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE/4); THENCE S8956’41” W A DISTANCE OF 583.00 FEET; THENCE N0000’02”E A DISTANCE OF 501.57 FEET; THENCE S8959’58”E A DISTANCE OF 339.07 FEET;
THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 125.00 FEET; A CHORD BEARING OF S7105’31”E, A CHORD DISTANCE OF 81.01, FOR AN ARC DISTANCE OF 82.50 FEET; THENCE SOUTHEASTERLY ON A REVERSE CURVE, HAVING A RADIUS OF 175.00 FEET, A CHORD BEARING OF S6659’53”, A CHORD DISTANCE OF 89.48 FEET, FOR AN ARC DISTANCE OF 90.48 FEET; THENCE S4257’05”E A DISTANCE OF 36.60 FEET; THENCE S8959’58”E A DISTANCE OF 60.00 FEET; THENCE S0000’02”W A DISTANCE OF 413.00 FEET TO THE POINT OF BEGINNING…
AND…A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 846.07 FEET N0000’02”E AND 33.00 FEET S8954’43”W OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE/4); THENCE S8954’02” W A DISTANCE OF 317.00 FEET; THENCE N0000’02”E A DISTANCE OF 479.06 FEET; THENCE N8956’41”E A DISTANCE OF 317.00 FEET; THENCE S0000’02”W A DISTANCE OF 478.82 FEET TO THE POINT OF BEGINNING. REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO P.U.D.; PLANNED UNIT DEVELOPMENT DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2294NS be approved.

Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2294NS duly passed and adopted.

AGENDA ITEM NO. 11: Public hearing and consider an ordinance rezoning property located at 2130 N. Leo from R-1; Residential District to R-2; Two Family Residential District for duplex. (Applicant: Jack Dockrey). (Continued from January 16, 2007 meeting).

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 2130 N. Leo for duplex use.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommended approval. There were no formal written protests that had been filed.
No one appeared in opposition of the proposed ordinance and the public hearing was closed.
After due and careful consideration, Ordinance No. 2295NS was introduced and the title read aloud.

ORDINANCE NO. 2295NS 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 ONE (1) AND THE NORTH HALF (N/2) OF LOTS FIVE (5), SIX (6) AND SEVEN (7), BLOCK NINE (9), GOLDEN ACRES ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM R-1; RESIDENTIAL DISTRICT TO R-2; TWO-FAMILY RESIDENTIAL DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2295NS be approved. Motion carried 6-0.

AYE: Schrzan, O’Neal, Mills, Peterson, Daugherty, Stephens
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2295NS duly passed and adopted.

AGENDA ITEM NO. 12: Public hearing and consider an ordinance rezoning property located south of 45th Street between Harrison and Bryan streets from A-1; Agricultural District to C-2; Suburban Office District for use as an office building. (Applicant: Richard Finley o/b/o Finley & Cook)

Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located south of 45th Street between Harrison and Bryan streets for use as an office building.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning request.
Community Development Director Mike Southard gave the staff report and noted that the Planning Commission recommended approval. The property will have to be platted prior to construction and conforms with the Comprehensive Plan and the zoning category is compatible with the residential district to the West and Church to the East.
There were no formal written protests that had been filed. The applicant, Mr. Richard Finley appeared on behalf of his application. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2296NS was introduced and the title read aloud.

ORDINANCE NO. 2296NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (E/2 NE/4 NW/4) OF SECTION FIVE (5), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO C-2; SUBURBAN OFFICE DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Daugherty, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2296NS be approved. Motion carried 6-0.

AYE: Daugherty, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2296NS duly passed and adopted.

AGENDA ITEM NO. 13: Consider appeal of Kent Cheatham regarding the Administrative Hearing Officer’s decision to demolish property located at 707 N. Broadway.

Mr. Kent Cheatham was present to request a reconsideration of the Administrative Hearing Officer’s order. Mr. Cheatham stated he thinks the hearing officer’s order was “too extreme” and does not think all the work required actually needed to be done. He stated that he has made unsuccessful attempts to turn this property over to the bank which holds the mortgage. He has also located an investor who is interested in buying the property.
After a lengthy discussion, a motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to uphold the hearing officer’s recommendation to raze and remove the dilapidated structure located at 707 N. Broadway. Motion carried 6-0.

AYE: Peterson, Schrzan, O’Neal, Mills, Daugherty, Stephens
NAY: None

AGENDA ITEM NO. 14: Consider recommendation from the Airport Advisory Board to increase hangar rent with 10% of the increase to be designated for hangar maintenance.

Assistant Airport Manager Jerry Sharp was present to address this issue. He stated that hangar rates had not been increased in 7 – 8 years. He said that earmarking 10% of the proposed increase for hangar maintenance will allow the airport to become more self-sufficient.
Pilot and former Airport Advisory Board Member Mike Adcock addressed the Commission with his concerns. While he agrees that an increased may be warranted, he does not feel that sufficient notice of the increase was given to the current hangar renters. He stated that the renters should have been told that the Airport Advisory Board was considering this matter so they could have attended that meeting and provided their input.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to refer this item back to the Airport Advisory Board with the direction to notify the user group of their intent to increase hangar costs. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 15: Consider approving construction at Gordon Cooper Technology Center located on Shawnee Regional Airport property.

Assistant Airport Manager Jerry Sharp stated that the proposed construction would add 9,380 square feet to the existing building. Mr. Sharp stated after reviewing the airport layout plan the Federal Aviation Administration has no objection to the proposal.
A motion was made by Commissioner Daugherty, seconded by Vice Mayor Peterson, to approve the requested construction at Gordon Cooper Technology Center located on Shawnee Regional Airport property. Motion carried 6-0.

AYE: Daugherty, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 16: Consider an ordinance prohibiting disorderly conduct and defining what constitutes disorderly conduct.

Ordinance No. 2297NS was introduced and the title read aloud.

ORDINANCE NO. 2297NS ENTITLED “AN ORDINANCE RELATING TO DISORDERLY CONDUCT; CREATING A NEW SECTION 20-41, ARTICLE 1 OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; PROHIBITING DISORDERLY CONDUCT; DEFINING DISORDERLY CONDUCT; REQUIRING SPECIFIC INTENT; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2297NS be approved. Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2297NS duly passed and adopted.

AGENDA ITEM NO. 17: Consider an ordinance prohibiting resisting public officials and defining what constitutes resisting.

Ordinance No. 2298NS was introduced and the title read aloud.

ORDINANCE NO. 2298NS ENTITLED “AN ORDINANCE RELATING TO RESISTING PUBLIC OFFICIALS, CREATING A NEW SECTION 20-40, ARTICLE 1 OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA, PROHIBITING THE RESISTING OF PUBLIC OFFICIALS, DEFINING PUBLIC OFFICIALS; DEFINING WHAT CONSTITUTES RESISTANCE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the Title and Ordinance No. 2298NS be approved. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2298NS duly passed and adopted.

AGENDA ITEM NO. 18: Consider an ordinance prohibiting resisting a police officer or assisting another to evade lawful arrest.

Ordinance 2299NS was introduced and the title read aloud.

ORDINANCE NO. 2299NS ENTITLED “AN ORDINANCE RELATING TO CRIMES AGAINST POLICE; CREATING A NEW SECTION 20-39, ARTICLE 1 OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; MAKING IT ILLEGAL TO RESIST A POLICE OFFICER OR TO ASSIST IN AIDING A PERSON TO FLEE, EVADE OR ESCAPE LAWFUL ARREST; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY”.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Ordinance No. 2299NS be approved. Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None

A motion was made by Commissioner Daugherty, seconded by Vice Mayor Peterson, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Daugherty, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2299NS duly passed and adopted.

AGENDA ITEM NO. 19: Consider an ordinance adding filing false report, falsely reporting of a crime and giving false information regarding a missing child to law enforcement to the definition of incidents of interference with city officer.

Ordinance No. 2300NS was introduced and the title read aloud.

ORDINANCE NO. 2300NS ENTITLED “AN ORDINANCE RELATING TO INTERFERING WITH CITY OFFICER OR OFFICIAL; AMENDING SECTION 20-6, ARTICLE 1 OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; ADDING KNOWINGLY FILING OR CAUSING TO BE FILED A FALSE REPORT OR COMPLAINT TO THE POLICE DEPARTMENT, FALSELY REPORTING A CRIME, OR GIVING FALSE INFORMATION REGARDING A MISSING CHILD TO LAW ENFORCEMENT AS INCIDENTS OF INTERFERENCE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Ordinance No. 2300NS be approved. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

A motion was made by Commissioner Daugherty, seconded by Vice Mayor Peterson, that Section 3, the emergency clause, be approved. Motion carried 6-0.

AYE: Daugherty, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance 2300NS duly passed and adopted.

AGENDA ITEM NO. 20: Consider awarding contract to S.M.C. Consulting for engineering services for country club lift station.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to award a contract to S.M.C. Consulting in the amount of $12,000 for engineering services for the country club lift station. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 21: Consider awarding contract to PSI Construction for replacement of 30” pipe.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to award the contract to PSI Construction Inc., Sapulpa, Oklahoma, for replacement of 30” pipe in the amount of $13,375.00. Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 22: Presentation and approval of Internal Revenue Services examination.

City Treasurer Becky Cragin made a presentation regarding this issue. Among the items addressed by Ms. Cragin were the historical perspective of this examination, the three areas considered by the Internal Revenue Service (I.R.S.) to be out of compliance and other areas examined by the I.R.S. and found to be in compliance.
The areas determined by the I.R.S. to be out of compliance are as follows:
1. Four individuals improperly classified as independent contractors.
2. Failure to classify use of four unmarked fire vehicles as fringe benefits.
3. Failure to send a 1099 to the auctioneer.

Regarding the fire vehicles, Ms. Cragin stated that the amount due the I.R.S would be no more than $360.72.
Regarding the failure to issue a 1099 to an auctioneer, the amount due the I.R.S. was –0-.
Regarding the four independent contractors, Ms. Cragin stated that the Internal Revenue Service was requiring that the City Attorney, Municipal Judge, Assistant Airport Manager and Part-Time Personnel Director be reclassified as city employees. Due to this reclassification, unpaid social security taxes and medicare for 2004 and 2005 totaling $51,128,90 is due.
Ms. Pat O’Neil, with the Internal Revenue Service, stated in written correspondence with Ms.Cragin that if the City of Shawnee agrees to this ruling no later than February 6, 2007, no penalties or interest would be added.
It was Ms.Cragin’s recommendation that the City sign the required forms and pay the taxes in full to avoid penalties and interest.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve Internal Revenue Services examination so that taxes can be paid in full without penalties or interest. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 23: Discuss and consider acceptance of the Comprehensive Annual Financial Report.

Ms. Kathy Carlson appeared on behalf of city auditor Joe Carlson. She explained that Mr. Carlson was out of town and could not be present but she could answer questions from Commissioners or she could contact Mr. Carlson by telephone. It was noted that Mr. Carlson had previously contacted some Commissioners by telephone. Commissioner Schrzan expressed his desire to have the auditor present in person. Commissioner Stephens stated that she did not want to accept the audit until the auditor was here to answer questions.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to defer discussion and consideration of the Comprehensive Annual Financial Report until auditor Joe Carlson is available in person to answer questions from the Commission. Motion carried 6-0.

AYE: Stephens, Schrzan, Daugherty, Peterson, Mills, O’Neal
NAY: None

AGENDA ITEM NO. 24: Consider Bids:

a. Asphalt Concrete Type A, B & C (Award)

A motion was made by Commissioner Schrzan, seconded by Commissioner Daugherty, to award the asphalt material contract to T. J. Campbell, Oklahoma City, Oklahoma, as the lowest and best bid at $36.40 per ton and $42.85 delivered price, with the understanding that staff will also be allowed to use Haskell Lemons (Shawnee Plant) due to the additional cost of hauling material from the Oklahoma City Plants. Motion carried 6-0.

AYE: Schrzan, Daugherty, Stephens, O’Neal, Mills, Peterson
NAY: None

b. Aggregate Material (Award)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to award the aggregate material contract bid to Falcon Materials, Wewoka, Oklahoma, as the lowest and best bid in the amount of $6.25 per ton (1 Crusher Run). Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

c. Union and Mall Drive Traffic Signal Installation (Award)

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to award the Union and Mall Drive traffic signal installation bid to Midstate Traffic Control Inc., Oklahoma City, Oklahoma, as the lowest and best bid in the amount of $55,411.90. Motion carried 6-0.

AYE: Schrzan, Peterson, Daugherty, Stephens, O’Neal, Mills
NAY: None

d. Purchase and Installation of Rubber Tile for Shawnee Public Library Community Rooms and Lobby (Award)

A motion was made by Commissioner Stephens, seconded by Vice Mayor Peterson, to award the bid to Floor Design Center, Oklahoma City, Oklahoma, as the lowest and best bid in the amount of $44,832.00. Motion carried 6-0.

AYE: Stephens, Peterson, Daugherty, Schrzan, O’Neal, Mills
NAY: None

e. One New Telephone System for Public Works Service Center (Open)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, that the bid for One New Telephone System for Public Works Service Center be deferred to staff for review and recommendation at the next meeting. Motion carried 6-0.
AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

f. Hydraulic Power Pack (Open)

It was noted by Utilities Director Afsaneh Jabbar that this is the second time that bids were sought for the Hydraulic Power Pack with no bids received either time. City Attorney John Canavan confirmed that staff could now negotiate the purchase on their own. A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to authorize staff to purchase the hydraulic power pack. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 25: New Business (Any matter not known about or which could have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 26: Administrative Reports

City Manager Jim Collard distributed a budget schedule to the Commission containing proposed dates for budget meetings.
In response to a question from the Commission, City Engineer John Krywicki stated that the screens for the intake valves at Shawnee Twin Lakes should be ready in two weeks.

AGENDA ITEM NO. 27: Commissioners Comments

Mayor Mills announced the Master Trails Kick-Off set for Thursday, February 8, 2007.
Vice-Mayor Peterson announced a Poverty Symposium sponsored by Success by Six scheduled for February 23, 2007 from 1:00 – 4:00 p.m.

AGENDA ITEM NO. 28: Adjournment

There being no further business to be considered, a motion was made by Commissioner Daugherty, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 5-1. (12:01 a.m.)

AYE: Daugherty, O’Neal, Mills, Peterson, Stephens
NAY: Schrzan

_____________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_______________________________
PHYLLIS LOFTIS, DEPUTY CITY CLERK
FOR DIANA HALLOCK, CITY CLERK


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