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Date: 8/20/2007Board: City CommissionDocumentType: MinutesWeb Posted: 9/5/2007 9:13:21 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 20, 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, August 20, 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 Marva O’Neal
Commissioner Ward 1 Commissioner Ward 3

Timmy Young Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice
Mayor

ABSENT: Tom Schrzan
Commissioner Ward 2

VACANT: Commissioner Ward 6

INVOCATION Reverend Tim Youmans
First Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the Agenda. Motion carried 5-0.

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

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

a. Minutes from the August 6, 2007 meeting.

b. Acknowledge the following reports and minutes:

 Sales Tax Report for the month of August, 2007

 Shawnee Urban Renewal Authority minutes from the July 17, 2007 meeting

 Shawnee Beautification Committee minutes from the July 9, 2007 meeting

 Sister Cities Council minutes from the July 10, 2007 meeting

c. Lakesite Lease Transfers:

Lot 11, Belcher Tract
To: V. & D. Ziegler
Fr: D. & S. Goolsby

Lot 4, Seck Tract
To: D. Hollaway
Fr: L. Moody

d. Approve out-of-state travel for Mike Wolf, SURA Program Manager, to attend the NAHRO conference in San Diego, California on October 28-30, 2007.

e. Approve refund of contributions from the Oklahoma Municipal Retirement Fund Defined Contribution Plan for Michael Myers.

f. Approve application for normal retirement for Diana Hallock from the Oklahoma Municipal Retirement Fund.

g. Authorize staff to solicit for impact fee, tap fee, and rate study assistance through the Request for Proposal (RFP) process.

h. Authorize staff to advertise for bids on a ½-ton 4x4 pickup for the Wastewater Collection Division.

i. Mayor’s appointment:

Tourism Advisory Committee

Appoint Cheryl Marsh to replace Jessica Stewart for the term to expire 12/08.

j. Acknowledge gift from the City of Nikaho, Japan, sister city to Shawnee. (Cherry wood plaque)

Before voting on the Consent Agenda, Vice Mayor Peterson asked that Agenda Item No. 2(a & c) be pulled for separate consideration.

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item 2(a-j), less (a & c) as presented. Motion carried 5-0.

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

Under Agenda Item No. 2(a) regarding the minutes from the July 16, 2007 meeting, Vice Mayor Peterson noticed that under Agenda Item No. 6 Mayor Mills was referred to as Commissioner Mills and requested this be corrected to state that the motion was seconded by Mayor Mills.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve Agenda Item No. 2(a) with noted correction. Motion carried 5-0.

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

Under Agenda Item No. 2(c), Lakesite Lease Transfers, concerning Lot 11, Belcher Tract, Vice-Mayor Peterson questioned the map included by the leaseholder because it did not show the distance from the septic system to the lake’s high water mark.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to defer consideration of this lake transfer until the September 4, 2007 commission meeting; and to approve the transfer of Lot 4, Seck Tract. Motion carried 5-0.

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

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

Under Citizens Participation, Paula Harden a resident of Shawnee approached the commission concerning her tort claim. Ms. Harden filed a claim with the city regarding a sink hole on north Kickapoo where her motorcycle had been damaged. City of Shawnee’s insurance, Oklahoma Municipal Assurance Group (OMAG) previously denied the claim upon their investigation, stating barricades had been placed by City workers in front of the hole to prevent traffic from traveling on the road. Ms. Harden alleges that the barricades were not in place and had apparently been moved to the side of the road. Ms. Harden is requesting the City pay for the damages to her motorcycle.
Also addressing the Commission was Mr. Zig Ziegler concerning Lot 11, Belcher Tract, which was previously deferred by the City Commission. Mr. Ziegler expressed frustration with the length of time it has taken and wanted clarification on what the City was requesting of him. Upon explanation of the requirement, Mr. Ziegler stated that his septic system was approximately 150-200 feet from the high water line to septic system. The Commission decided to reconsider Mr. Ziegler’s transfer request at the conclusion of Citizen’s Participation.
Ms. LaDonna Vanranken addressed the Commission regarding a problem she is having with Executive Taxi Service, the local taxi company. Ms. Vanranken said that she is very upset with the taxi service because they will not pick up anyone who is wheelchair bound. She indicated she has tried on several occasions to call for taxi service and has been refused because of her handicap.
Mr. Jim Sims appeared before the Commission to confirm Ms. Vanranken’s allegation. He stated that he has also requested rides and has been refused by the cab company because of his wheelchair. Mr. Sims urged the City to take action on this issue and to be diligent on ADA requirements.

COMMISSIONER SCHRZAN NOW PRESENT AT 6:43 P.M.

Ms. Kate Joyce, Director of the Shawnee Senior Center, was present to report on roof damage to the Municipal Auditorium building due to recent flooding. It was noted that no money had been appropriated in the current budget to replace the roof. City staff was requested to check for mold or mildew in the building.
Jo Davis spoke regarding the two handicapped persons who could not obtain rides with the taxi service. She felt because the City of Shawnee licenses the taxi service, it should be able to enforce regulations that would require the taxi service to pick up handicapped persons.

RECONSIDERATION OF 2(c) – LOT 11, BELCHER TRACT

At this time, the commission returned to the issue of the lake lease at Lot 11, Belcher Tract leased by Mr. Zigler. A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to reconsider the vote to defer this requested transfer until the September 4th meeting. Motion carried 6-0.

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

Mr. Zigler came forward to answer questions from the Commission regarding the drawing he provided. Mr. Zigler stated the distance to the high water mark as being approximately 150 – 120 feet. He made that notation on the drawing and signed the document. It was accepted into the official record of the meeting and will be forwarded to the Planning Department.
A motion was made by Vice Mayor Peterson and seconded by Commissioner Stephens to approve Mr. Zigler’s requested transfer of Lot 11, Belcher Tract. Motion carried 6-0.

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



AGENDA ITEM NO. 4: Mayor’s Presentation:

Resolution of appreciation to Diana Hallock for her loyal service to the City of Shawnee.

A Resolution of Appreciation was presented to Diana Hallock for over 26 years of loyal service to the City of Shawnee.

Resolution No. 6310 was introduced and the title read aloud.

RESOLUTION NO. 6310 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO DIANA HALLOCK FOR OVER 26 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO DIANA HALLOCK.”


A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Resolution No. 6310 be approved. Motion carried 6-0.

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

Thereupon Mayor Mills declared Resolution No. 6310 duly passed and adopted.

Mrs. Diana Hallock was present to accept and thanked the past and present Commission, City Attorney, staff and fellow employees.

City Manager’s presentation to the Employee of the Month. (Allen Heilaman, Fire Marshal)

City Manager Jim Collard presented a plaque and gift certificate to Allen Heilaman as the August employee of the month in recognition of his excellent and dedicated service as Fire Marshal and to the City of Shawnee.

Mr. Heilaman was present to accept and thanked the commission.

AGENDA ITEM NO. 5: Consider an ordinance prohibiting consumption of alcoholic beverages by minors in public or private and prohibiting the hosting, permitting or allowing a gathering where minors are allowed to consume alcoholic beverages.

Chief Mathis explained his request concerning the new “Social Host Ordinance”. He feels the new ordinance will properly deal with this type of inappropriate behavior by hosts of gatherings either in public or on private property.

After due and careful consideration the title and Ordinance 2325NS was introduced and read aloud.

ORDINANCE NO. 2325NS ENTITLED “AN ORDINANCE RELATING TO THE PROHIBITION OF SUPPLYING ALCOHOLIC BEVERAGES OR BEER TO MINORS FOR CONSUMPTION; CREATING A NEW DIVISION 3 OF ARTICLE III OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; CREATING NEW LAWS TO BE CODIFIED AT SECTION 20-160, 20-161, 20-162 AND 20-163, DIVISION 3, ARTICLE III OF CHAPTER 20 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; PROHIBITING CONSUMPTION OF ALCOHOL BY MINORS IN PUBLIC, PLACES OPEN TO THE PUBLIC OR PLACES NOT OPEN TO THE PUBLIC; PROHIBITING HOSTING PERMITTING OR ALLOWING A PARTY, GATHERING OR EVENT WHERE MINORS ARE ALLOWED TO CONSUME ALCOHOLIC BEVERAGES; PROVIDING FOR PROSECUTION OF OFFENDERS, CRIMINALLY, CIVILLY OR ADMINISTRATIVELY; PROVIDING DEFINITIONS; PROVIDING PENALTY; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, that the Title and Ordinance 2325NS be approved.


Motion carried 6-0.

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

A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, that Section 7 the Emergency Clause, be approved. Motion carried 6-0.

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

Thereupon Mayor Mills declared Ordinance No. 2325NS duly passed and adopted.

AGENDA ITEM NO. 6: Consider an agreement with Pottawatomie County Local Emergency Planning Committee for receipt and distribution of Tier II reports.

Emergency Management Director Don Lynch gave a report concerning the Tier II report with the Local Emergency Planning Committee (LEPC). Mr. Lynch stated that facilities within the community that have certain hazardous materials are required to file an annual report with the LEPC, the local fire department, and the Oklahoma Department of Environmental Quality (DEQ). These reports consist of emergency contact information, the list of chemicals and a brief description of the hazards posed by a release of the chemicals.
In an effort to streamline the filing process, the DEQ developed regulations allowing facilities to report electronically. To facilitate this distribution, DEQ has offered a grant providing funding to LEPCs, in exchange for the LEPC receiving electronic copies of the submissions from DEQ and providing copies to the local fire departments in the county. Since the inception of the LEPC, the City of Shawnee has received and disbursed funds on behalf of the LEPC. In turn the LEPC has provided reimbursement for supplies, purchased a laptop computer for departmental use, and has provided materials for annual disaster exercises. The agreement provides for the Emergency Management Department to prepare and distribute copies of the reports received from DEQ. In turn, the LEPC will reimburse the City of its expenses.

A motion was made by Commissioner Schzran, seconded by Commissioner O’Neal, to approve the agreement between the Pottawatomie County Local Emergency Planning Committee and the City of Shawnee for the purpose of providing Tier II facility information. Motion carried 6-0.

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

AGENDA ITEM NO. 7: Discuss and consider increasing the percentage of funds allocated to economic development from the 7/8 penny sales tax.


Mayor Mills introduced this item by providing background information on the one-penny sales tax and explained that 7/8 of each penny has been ear-marked for Debt Reduction, Capital Improvement Projects and Economic Development. (The other 1/8 cent is divided equally between Police and Fire). Mayor Mills opened the discussion by proposing that the percentage given to Economic Development be increased, possibly to 10%. Chuck Skillings, Chairman of the Economic Development Foundation, spoke regarding this issue and explained the need for “seed” money to be used for matching grant money and in the recruitment of businesses to Shawnee. Mr. Skillings spoke of instances where Shawnee had lost out on business opportunities because we were not able to offer incentives. It was Mr. Skillings observation that $1 million dollars would be needed to be competitive with other cities in the recruitment process. Mr. Skillings requested to return at the September 17, 2007 meeting with a budget regarding future economic development needs.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to defer consideration of increasing the percentage of funds allocated to economic development from the 7/8 penny sales tax to the September 17, 2007 commission meeting. Motion carried 6-0.

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


AGENDA ITEM NO. 8: Discuss Kickapoo Street right-of-way options.

City Manager Jim Collard spoke regarding this item, citing the need to begin discussing right-of-way options. This is a project of the Oklahoma Department of Transportation and he stated that the City needs to consider what it wants regarding sidewalks, guttering and curbing before the plans are designed. Currently, the city code calls for 120 feet of right-of-way on arterial streets. If the City goes beyond 66 feet some homes and businesses will be affected, creating the need to purchase property. City Engineer John Krywicki stated that 98% of the property owners along Kickapoo Street did not want this project to impact their property. Mr. Krywicki indicated that some property would have to be acquired, but until the plans are designed he was unsure of the amount.
Vice Mayor Peterson stated that this project has to be one that the community wants and needs. She also said the City needs to ensure funds
are available for the entire project so the city doesn’t run out of money before the project is completed.
Commissioner Stephens questioned the safety aspect of sidewalks placed right beside an arterial street.
At the conclusion of the discussion, Mr. Krywicki was directed to continue to work with ODOT on this matter and to provide visuals as soon as possible regarding property that may be affected and rights-of-way that may need to be purchased before this project can begin.

AGENDA ITEM NO. 9: Consider acceptance of the public improvements for Woodsong Gardens subdivision and placing maintenance bonds into effect.

City Engineer John Krywicki reported that the water, sanitary sewer, and paving improvements required by the City have now been completed in the Woodsong Gardens subdivision and are in accordance with City of Shawnee standards and recommends the acceptance and placing the Maintenance Bonds into effect.

A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the public improvements for Woodsong Gardens subdivision and placing maintenance bonds into effect. Motion carried 6-0.

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

AGENDA ITEM NO. 10: Consider acceptance of the Union Street and Mall Road signalization project and placing maintenance bonds into effect.


The Staff report was given by John Krywicki, City Engineer concerning the project of the Union Street and Mall Road signalization. Mr. Krywicki stated the project is in accordance with the City of Shawnee standards and specifications and recommends that the final payment of $55,474.00 be made to MidState Traffic Control, Inc., so maintenance bonds may go into effect.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the Union Street and Mall Road signalization project and placing maintenance bonds into effect. Motion carried 6-0.

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

AGENDA ITEM NO. 11: Authorize City Manager to spend up to $20,000.00 to contract for Planning services during the Community Development Director search.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve City Manager to spend up to $20,000.00 to contract for planning services during the Community Development Director search. Motion carried 6-0.

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


AGENDA ITEM NO. 12: Consider awarding the bid on a program car in the midsize 4-door class for the Police Department Criminal Investigation Division.

Central Garage Equipment Services Supervisor Brian Woodall recommends the purchase a 2007, Pontiac G6, with 11,000 miles from Brackeen Motors in the amount of $13,980.00. After reviewing several competitive bids on available vehicles he feels that this vehicle would be a good return on the city’s investment because it comes with the remainder of 39 months or 39,000 mile bumper to bumper factory warranty with no deductible.

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to award the bid on a program car for the Police Department Criminal Investigation Division to Brackeen Motors, Shawnee, Oklahoma, in the amount of $13,980.00 as the lowest and best bid. Motion carried 6-0.

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

AGENDA ITEM NO. 13: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from Defined Contribution Plan for Justin Harvey.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from Defined Contribution Plan for Justin Harvey. Motion carried 6-0.

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


AGENDA ITEM NO. 14: New Business (Any matter not known about or which could have been reasonably foreseeen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 15: Administrative Reports

Under Administrative Reports, Emergency Management Director Don Lynch reported that from 4 to 7 inches of rain fell over the past weekend (August 18-19th). This rainfall resulted in flash flooding in some areas of the city and county. There appears to be much less damage to homes and businesses than suffered earlier this summer on June 26th. Mr. Lynch commended the Street Department as well as Police and Dispatch for the excellent job they did in closing streets and providing personnel where needed. Mr. Lynch mentioned projects such as channelization and a hydrologic study at Highway 3 as being beneficial to help alleviate flooding issues in the future.
Vice Mayor Peterson thanked the Twin Lakes Association for their help at the Walker Road bridge which freed Mr. Lynch to attend to other city and county needs during the flooding.
City Manager Assistant Toni Gray spoke regarding the Adopt-a-Unit Program. She expressed appreciation to Mr. Cecil Johnston for the reception he held for 200 returning troops. She also mentioned the great job being done by the senior citizens in making cool collars and wrist bands for our troops. The Senior Center has sent 750 pounds of supplies to the troops, with all money and time being donated.
Ms. Gray also gave an update regarding polycarts. She reported that some problems still exist and are being handled as they are reported. Educating the public on the proper use of the polycarts is one area she is working on. She is also dealing with residents’ complaints regarding the occasional failure of Allied Waste Services to provide the agreed services.

AGENDA ITEM NO. 16: Consider an Executive Session regarding the City Manager’s performance evaluation and renewal of employment contract pursuant to 25 O.S. §307(B)(1).

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to go into Executive Session to discuss matters regarding City Manager’s performance evaluation and renewal of employment contract. Motion carried 6-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:00 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:55 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and renewal of employment contract pursuant to 25 O.S. §307(B)(1).

Vice Mayor Peterson stated that the two hours spent in Executive Session were productive and well-spent. She stated further that it was the decision of the board that the current City Manager possesses the characteristics and ability to lead the City forward. Further, that these are the same characteristics they were looking for in a City Manager when he was hired three years ago. Therefore, his contract should be continued with raises and benefits as per his contract and with the continued direction and guidance of the City Commission.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to renew the current contract for City Manager Jim Collard. Motion carried 6-0.

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

AGENDA ITEM NO. 18: Commissioners Comments

Under Commissioners Comments, Mayor Mills announced the horses for the Centennial celebration had arrived and several have been sold throughout the city.
Vice Mayor Peterson commented on the Expo Board Meeting, stating that she was favorably impressed with their budget discussions.
Regarding the water talks with the City of Tecumseh, the Vice Mayor said that Tecumseh board member Linda Prater had stated that she had never considered the City’s denial to allow Tecumseh to tap into the City of Shawnee’s water line an end to further discussion of the water issue.
Commissioner Stephens spoke of the Welcome Home celebration for veterans describing it as a “wonderful experience”. She further reminded drivers to slow down now that school is back in session.
Commissioner Schrzan commented on Veteran’s Memorial Park plans and reminded everyone that donations are being accepted or a brick can be purchased for the project.

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the meeting be adjourned. Motion carried 6-0. (11:10 p.m.)

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


_________________________
CHUCK MILLS, MAYOR
(SEAL)

ATTEST:
________________________________
PHYLLIS LOFTIS, DEPUTY CITY CLERK




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