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Date: 4/2/2007Board: City CommissionDocumentType: MinutesWeb Posted: 4/18/2007 9:04:49 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 2, 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, April 2, 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
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4

Linda Peterson David Daugherty
Commissioner Ward 5-Vice Mayor Commissioner Ward 6

ABSENT: None

INVOCATION Reverend Leroy Kerbo
Oak Park Church of God

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda.

In consideration of the Agenda, Mayor Mills requested that Agenda Item No. 4, “Proclamations” be considered before Agenda Item No. 3, “Citizens Participation,” due to the full house of citizens anticipated to address several issues.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the Agenda with the noted change of considering Agenda Item No. 3 before Agenda Item No. 4. Motion carried 7-0.

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the March 12, March 19 and March 26, 2007 meetings.

b. Lakesite Lease Transfer:

Lot 4, Seck Tract

To: C. Duroy
K. Duroy

From: L. Moody

c. Authorize Chief of Police request to use available surplus funds to purchase a program vehicle to replace high mileage CID vehicle.

d. Acknowledge receipt of a Community Emergency Response Team training package funded through the Urban Area Security Initiative and the Oklahoma Department of Homeland Security.

e. Authorize staff to advertise for bids for Westech Road Paving Project.

f. Authorize final payment to Joseph E. Carlson, CPA, for auditing services in the amount of $46,829.11.

g. Approve appointment of Tammy Johnson as Oklahoma Municipal Retirement Fund authorized agent.

i. Approve application for OMRF Defined Benefit death benefit including the Hybrid account balance on Tommi Bierd.

j. Mayor’s Appointments:

Shawnee Civic and Cultural Development Authority

Appoint Jeff (Rocky) Wade to a term to expire 12/31/09

Airport Advisory Board

Appoint Mike Adcock to a term to expire 7/01/10
Appoint Dan Overland to a term to expire 7/01/10
Appoint Bob Weaver to a term to expire 7/01/10
Appoint Lori Roach to a term to expire 7/01/10

Shawnee Housing Authority

Appoint Chris Waddell to a term to expire 2/4/10

Before voting on the Consent Agenda, it was requested that Consent Agenda Item No. 2(f) be pulled for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve Consent Agenda Item No. 2(a-j), less (f) as presented. Motion carried 7-0.

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

Under Consent Agenda Item 2(f), a motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to defer to the next meeting authorizing final payment to Joseph E. Carlson, CPA, for auditing services in the amount of $46,829.11 to gain additional information. Motion carried 7-0.

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

AGENDA ITEM NO. 3: Mayor’s Proclamation:

“City-Wide Clean-Up Day”
April 14, 2007
(accepted by Tom Terry)

“Earth Day”
April 22, 2007
(accepted by Rosemary Crawford)

“Family Preparedness Month”
April, 2007
(accepted by Don Lynch, Emergency Management Director)


AGENDA ITEM NO. 4: Citizens Participation (A three minute limit per person) (A twelve minute limit per topic)

Under Citizens Participation, several citizens appeared before the Commission to voice their concerns regarding three issues:
The following citizens voiced their support of City Treasurer Becky Cragin, recently resigned her position to become effective tomorrow: Mr. Robert Allison, Ms. Nance Diamond, Mr. Jim Samples, Mr. Richard Finley, Mr. Joe Rostochil; and Ms. Debbie Blue.
Next, Shawnee Twin Lake residents appeared to address lake issues were Ms. Jo Davis, Ms. Linda Agee, and Mr. Marion Brooks.
The third topic voiced by Ms. Linda Jones was her request for more police protection and police officers for the community.

AGENDA ITEM NO. 5: Consider new construction at Shawnee Twin Lakes. (Deferred from 12/4/06 and 3/5/07)

The city staff was given time to investigate the impact of further development around the Shawnee Twin Lakes with particular interest in residential construction.
Staff reports was given by City Engineer John Krywicki and Community Development Director Mike Southard.
The city engineer was first to give an overview of the lake area and showed a power-point of the mapping of the lake. He indicated that from the original maps dating back to 1943, majority of the drawings did not show boundaries or dimensions which makes it difficult to update with accuracy. Of the two lakes, lakesite lease lots are on Twin Lake No. 1 only.
He identified the lake lots as 70 public use lots, 182 leased lots that entails 155 lots as single-family dwellings and 27 as vacant lots.
Next, Mr. Southard explained about the considerations of future development around the lake and the effects of residential development. He went into detail about categorizing the various lots as residentially developed, public-undeveloped, and leased-undeveloped.
Staff took into account the possibility of raising the spillway in the future as was done in the past, and it was recommended that as long as there was that possibility, staff would not recommend new permanent structures on undeveloped lots. Instead, it was recommended that all construction be limited to temporary buildings for example; manufactured housing, RV, fifth-wheel, etc.
Noting that it was not possible to predict the water needs of the city for the next 50 years, it was staff’s recommendation that until plans are set in motion to construct a new lake or an alternative water supply is obtained, staff recommended a conservative approach to development around the lake. In the Commission’s discussion, they took into account the future water supply; had concerns about the water shed; and concerns for the leaseholders who have made investments for future development.
The Commission agreed that a new zoning classification was needed specific to the lake area. In this regard, Commissioner Stephens distributed to the Commission ideas on modifications to the lake for future consideration.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to allow the 27 undeveloped leased lots to be developed with permanent structures in the future provided that they are constructed in accordance with the current zoning provisions; and that the 70 public use lots held by the city remain as is for future consideration of development and the 155 leased lots remain status quo in accordance with the current zoning provisions. Motion carried 7-0.

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

COMMISSIONERS RECESSED AT 8:10 P.M.

COMMISSIONERS RECONVENED AT 8:21 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 6: Consider agreement with Jason Skillern and Brian Thompson to add paintball fields to their Slide and Grind Sk8 Shack LLC operation. (Deferred from 3/5/07 and 3/19/07)

Assistant Airport Manager Jerry Sharp presented the revised contract. Upon review, one more change was made to item No. 5 that would omit the language “in addition to the fencing.” The paragraph would read as:
“5. LESSEE agrees to construct a surrounding net around the paintball fields to help contain the paintballs and to prevent persons outside the leasehold from being struck by a paintball. LESSEE further agree to take whatever steps are necessary to prevent paintballs from leaving the established fields.”A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve agreement with Jason Skillern and Brian Thompson to add paintball fields to their Slide and Grind Sk8 Shack LLC operation with noted correction. Motion carried 7-0.

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

AGENDA ITEM NO. 7: Presentation by Jim Sims regarding ADA issues.

Shawnee resident Jim Sims gave a presentation regarding ADA issues relating to curb slopes and step height requirements for the use by the physically handicapped.
He emphasized that although the city complies with the ADA laws at the minimum requirement for ramps, his preference for slopes would be 1:16 or 1:20 as opposed to the minimum requirement of 1:12. It was his concern that for those that are in wheelchairs with minimum arm strength, it was difficult for them to manage the slopes.
Community Development Director Mike Southard gave an update on the city’s history of the city’s adherence to the ADA rules and regulations taking into account the city’s financial situations throughout the years.
In closing, the mayor requested that the planning staff modify the ADA laws regulating the slopes and to start with slopes on curb cuts and new development.

AGENDA ITEM NO. 8: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan for Mikki Hargus.

A motion was made by Commissioner Daugherty, seconded by Vice Mayor Peterson, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan for Mikki Hargus. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider progress made by Mary Murphy on property located at 1220 E. Alice.

Community Development Director Mike Southard reported that Mary Murphy has not contacted the city about the progress on her property. She had appealed to the City Commission on March 5 to request time to clean up and make repairs to the structure that had been declared a dilapidated building. She was given an extension from the City Commission to make progress on cleaning up debris and developing a financial plan to be presented at this meeting.
He informed the Commission that city staff has made numerous attempts to contact Ms. Murphy, but have been unsuccessful to-date.
It was noted that some cleanup work had been done, but a financial plan to remodel the structure had not been submitted.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to uphold the Administrative Order with thirty (30) days being given to the owner to obtain a permit to commence work on property at 1220 E. Alice. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider a 30 – 45 day suspension of demolition order on property located at 707 N. Broadway at the request of Frank Sears of Communication Credit Union.

The Commission reviewed a letter in the agenda packet submitted by Frank Sears of Communication Credit Union on the property located at 707 N. Broadway advising that there was a prospective buyer. In order for the sale to be complete, Mr. Sears was asking for a 30 to 45 day extension to allow buyer to begin and possibly complete full renovation process stating that the potential buyer has a crew to handle such repairs in this amount of time but understands that it would take longer to repair the interior of the structure.
Community Development Director Mike Southard gave the staff report that indicated the property had many issues; and if the building was reconstructed, the owner would need to go before the Zoning Board of Adjustment to waive the frontage issue on the property. He informed the Commission that the new owner was aware of the problems and he was willing to proceed.
The new owner, Mr. Scott Timmons, was present and presented a plan for the property and he was confident that he could meet a timeline for getting the property rebuilt.
A motion was made by Commissioner Daugherty, seconded by Commissioner Young, to grant 120 days suspension for demolition order on property located at 707 N. Broadway. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Reconsider vote concerning agreement with Mike Crawford regarding performance of Chief Accountant duties.

A motion was made by Commissioner Daugherty, seconded by Commissioner Young, to reconsider vote on agreement with Mike Crawford regarding performance of Chief Accountant duties. Motion carried 6-1.

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

AGENDA ITEM NO. 12: Consider agreement with Mike Crawford regarding performance of Chief Accountant duties.

City Treasurer/Finance Director Becky Cragin reviewed and clarified her recommendation to out-source the Chief Accountant duties on a temporary basis with Crawford & Associates, that performs accounting and consulting services.
Mr. Michael Crawford, CPA and owner of Crawford & Associates, P.C., was present to answer questions from the Commission.
He gave an overview of the history of his firm and its expertise in municipal government accounting. He addressed the concerns from the Commission about the perceived “open-ended” agreement stating that with the firms clients, the level of assistance varies.
Mr. Crawford offered to give a status report at the next meeting.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the engagement letter with Michael Crawford, Crawford & Associates, P.C., to provide accounting services beginning with a purchase order amount of $10,000 not to exceed $20,000 during this next fiscal year and for Mr. Crawford to return to the April 16, 2007 meeting with a status report.


Motion carried 7-0.

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

AGENDA ITEM NO. 13: Update regarding traffic signal/pedestrian crossing at Farrall and Bell streets.

City Engineer John Krywicki gave an overview of city’s request to the Oklahoma Department of Transportation regarding the traffic signal/pedestrian crossing at Farrall and Bell Streets over the past years. According to past traffic studies, ODOT has determined that this location has not met the warrants to install a traffic signal.
Commissioner O’Neal has made the request for the traffic light on behalf of the citizens in her ward.
The city engineer recognized that ODOT was clear in its determination of not installing traffic signals at Farrall and Bell Street intersection, and he recommended that the Commission consider requesting a pedestrian actuated signalization similar to the one at Beard and Dunbar; or he could request for another traffic study.
It was the consensus of the Commission that staff prepare a resolution pursuing a pedestrian actuated crossing light to be brought back at the next meeting.

AGENDA ITEM NO. 14: Update and discussion on communication methods between commissioners, specifically e-mails and their relationship on the Open Meeting Act.

Vice Mayor Peterson requested an update from the Commissioners that had attended a session on the Open Meeting Act.
She stated that with the electronic communications such as e-mails, she wanted to be sure as Commissioners in communication with each other through electronic means, that they would not be in violation of the Open Meeting Act.
Commissioner Stephens responded in regards to the e-mails and noted that e-mails were for informational purposes only and that the Commissioners needed to be cognizant of when the content of the e-mails were starting a point of discussion or perceived as discussion that would violate the law.
Mayor Mills also brought up the point about restricting communication on cell phones during open meeting, note passing, and single communications in an open forum while conducting city business.


AGENDA ITEM NO. 15: Discuss and consider budget meetings calendar for FY 07-08 budget.

In finalizing the meeting dates for review and discussion of the budget for FY 2007-08, City Manager Jim Collard presented suggested calendar dates and requested input from the Commission.
Upon discussion, the following calendar was agreed upon as follows:

CITY OF SHAWNEE, OKLAHOMA
FY 2007-2008 BUDGET SCHEDULE

February 5 Capital Budget requests and semi-final draft - All Funds
- March 2
March 6 Operating Requests and semi-final draft - All Funds
- April 2
April 9 Budget overview presentation/Capital Budget Review
April 16 Initial budget to commissioners for review
April 17 Continued Capital Budget Review final / M&O Review
April 23 M&O Final Review and Discussion

May 14 Publish budget summary and notice of hearing
May 21 Public budget hearing
June 5 City Commission adopts budget by Resolution
June 20 File final budget with State Auditor and Inspector

In consideration of the schedule, the Commission gave its consensus for staff to proceed with issuing the special call meeting notices.

AGENDA ITEM NO. 16: 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. 17: Administrative Reports

Under Administrative Reports, the following report were given:
*City Manager Jim Collard stated that the Atoka waterline would be turned on next week and an update would be given on the progress; and he was asked by Commissioner Schrzan of when in April would the polycart experiment would begin. Staff would check on the exact date.

AGENDA ITEM NO. 18: Commissioners Comments

Under Commissioners Comments, the following comments were made:
*Mayor Mills mentioned that as part of the centennial celebration in Pottawatomie County, citizens could cast penny votes for the candidate of their choice to the Royal Centennial Court; and on a personal note, he asked City Treasurer/Finance Director Becky Cragin to reconsider her resignation. He commended her on the excellent job she has done for the city and the city’s financial status is in better shape than when she arrived.
*Commissioner Schrzan commented that there could be legal ramifications to now change the status of the City Treasurer, and it would take four affirmative votes to hire Ms. Cragin back as City Treasurer.
*Vice Mayor Peterson expressed her appreciation to Ms. Cragin for her work of making vast improvements in the city’s financial situation and her efforts to improve the budget process
*Commissioner Young recapped several items from the meeting for the cable television viewing audience.
*Commissioner Stephens thanked the city staff and Ms. Canada, Physical Education teacher, for the newly install walking track at Will Rogers Elementary School.

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Commissioner Young, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 7-0. (10:18 p.m.)

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



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




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