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 6, 2008 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-Vice Mayor Commissioner Ward 2
Marva O’Neal Billy Collier
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Carl Holt
Commissioner Ward 5 Commissioner Ward 6
ABSENT:
INVOCATION TIM SEAN YOUMANS FIRST BAPTIST CHURCH
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Commissioner Holt, seconded by Commissioner Peterson, to pull Agenda Item No’s. 21, 22, & 23 from the Agenda. Also, to consider Agenda Item No. 3 after Agenda Item No. 5; Agenda Item No. 6 after Agenda Item No. 8; and Agenda Item No. 28 after Agenda Item No. 15. Motion carried 7-0.
a. Minutes from the September 9 and September 15, 2008 meetings.
b. Supplemental Budget Amendment and Appropriation of Funds – OMAG insurance reimbursement police department vehicles damage
c. Budget Amendment 2008 CDBG Entitlement Grant Fund
d. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from August 26, 2008
• Traffic Commission minutes from July 22, 2008
• Airport Advisory Board minutes from July 16, 2008 and August 20, 2008
e. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for William H. Mathis.
f. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Brett Johnson.
g. Approve agreement with the Housing Authority of the City of Shawnee for provision of supplemental police services.
h. Acknowledge donations to the Shawnee Fire Department of $2,000.00 from the Jr. Service League to assist in the purchase of a RAD-57 Carbon Monoxide Pulse-Oximeter and $1,000.00 donation from the Wal-Mart Foundation toward the purchase of an Automated External Defibrillator.
i. Authorize staff to purchase three (3) Ford Crown Victoria at the state purchasing price of $29,987.00 each for a total cost of $89,961.00 including complete police package.
j. Approve contract amendment No. 5 with LBR, Inc., to provide the Federal Administrative and DBE requirements for the 2009 FAA and OAC Design Only Grant and to complete the 5 Year Capital Improvement Program Update for the fiscal years 2009-2013.
k. Mayor’s appointment of James Blue to the Housing Authority replacing Bryndon Manzer; term to expire 2/4/11.
l. Mayor’s establishment of a Municipal Pool Oversight Committee and naming four of the seven member committee, as follows: Terry West, Kevin Kalies, Bill Ford, and Allan Gossett.
m. Lake Site Lease Renewals and Transfer:
Renewals:
• Lot D North School Tract, 15496 Patterson Road
M. Wilson
• Lot 22 Johnston Tract, 16500 Stevens Road
R. and S. Patnaude
• Lot 15 Magnino Tract, 16700 Clearpond Lane
R. and D. Parsons
Transfer:
• Lot A South School Tract, 31702 A South School
From: T. Smiley and K. Wilkenson
To: H. Davis
n. Approve ODOT Right-of-Way, Public Utility and Encroachment Agreement on the Kickapoo Street Paving Project from the Kickapoo Spur to MacArthur Street designated as Project No. SEC117-163A(227)SG, Job No. 22908.
o. Approve acceptance of the Westech Paving Project (Contract No. COS-PW-06-07) and placing maintenance bond into effect.
p. Approve Traffic Commission recommendations from September 23, 2008 meeting.
A. Consideration of request from Rob Branson, 410 South Market, Shawnee, OK 74801, to consider restriping southbound Kickapoo lanes at the Kickapoo Spur intersection to make it a right turn only lane onto Kickapoo Spur.
RECOMMENDATION: Board recommends denial
B. Consideration of request from Wm. D. Austin, 1336 East Edwards, Shawnee, OK 74801, to:
1. Install two stop signs at the intersection of Philadelphia and 10th Street to make it a 4-way stop;
2. Mark pedestrian crossings at the intersection of Philadelphia and 10th Street; and
3. Mark pedestrian crossings north of the First Baptist Church of Shawnee office where there is an overhang.
RECOMMENDATION: Board recommends approval.
C. Consideration of request from Staff to evaluate the intersection and retaining wall at Kickapoo and Kuhlbyrd Lane.
RECOMMENDATION: No recommendation was made at this time.
A motion was made by Commissioner Peterson, seconded by Commissioner Schrzan, to approve Consent Agenda No. 2(a-p), less 2(m), as presented. Motion carried 7-0.
Concerning Agenda Item No. 2(m), Lake Site Lease Renewal of Lot D North School Tract, 15496 Patterson Road it was noted that a correction needed to be made to change the date from 9/18/10/ to 12/31/09.
A motion was made by Commissioner Peterson, seconded by Vice Mayor Stephens, to approve correction of date to Agenda Item 2(m) regarding lake lease renewal of Lot D North School Tract, and approve renewals and transfer of Lake Leases. Motion carried 7-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Collier, Holt
NAY: None
THE COMMISSION DEVIATE FROM THE FORMAL WRITTEN AGENDA
AGENDA ITEM NO. 4: Consideration and possible action to enter into Executive Session to discuss status of negotiations with the IUPA, Local No. 3, for a Collective Bargaining Agreement for Fiscal Year 2008-2009, including discussion of a tentative agreement reached by the negotiating teams for the City and the Local for a Collective Bargaining Agreement for Fiscal Years 2008-2009 and 2009-2010 as authorized by 25 O.S. §§307(B)(2)
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to enter into Executive Session, but motion was withdrawn by Commissioner Holt. Commission took no vote to enter into Executive Session.
AGENDA ITEM NO. 5: Consideration and possible action to enter into Executive Session to discuss status of negotiations with the IAFF, Local No. 1628, for a Collective Bargaining Agreement for FY 2008-2009, including discussion of the City’s position and Last Best Offer for the October 14, 2008, Interest Arbitration and to discuss a tentative agreement reached by the negotiating teams for the City and the Local for a Collective Bargaining Agreement for FY 2008-2009 as authorized by 25 O.S. §307(B)(2).
A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, to enter into Executive Session. Motion carried 7-0.
AGENDA ITEM NO. 3: Consideration and possible action to enter into an Executive Session to discuss pending litigation entitled Blaco Construction, LLC vs. City of Shawnee, et al, Case Number CJ-08-165 District Court, Pottawatomie County, Oklahoma, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.
A motion was made by Commissioner Peterson, seconded by Commissioner O’Neal, to enter into an Executive Session. Motion carried 7-0.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:42 P.M. REGARDING AGENDA ITEM NO. 5 WITH ALL COMMISSIONERS PRESENT
CITY COMMISSION ENDED EXECUTIVE SESSION REGARDING AGENDA ITEM NO. 5 AT 7:01 P.M. WITH ALL COMMISSIONERS PRESENT
CITY COMMISSION NOW IN EXECUTIVE SESSION REGARDING AGENDA ITEM NO. 3 AT 7:02 P.M. WITH ALL COMMISSIONERS PRESENT
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:25 P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 7: Consideration and possible action on matters discussed in Executive Session regarding the status of a Collective Bargaining Agreement for FY 2008-2009 between the City of Shawnee and the IUPA, Local No. 3, including possible action to adopt a Collective Bargaining Agreement between the City of Shawnee and the IUPA, Local No. 3, for Fiscal Years 2008-2009 and 2009-2010.
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to adopt the tentative Collective Bargaining Agreement between the City of Shawnee and the IUPA, Local No. 3. Motion carried 7-0.
AGENDA ITEM NO. 8: Consideration and possible action on matters discussed in Executive Session regarding the status of a Collective Bargaining Agreement for FY 2008-2009 between the City of Shawnee and the IAFF, Local No. 1628, including possible action to adopt a Collective Bargaining Agreement between the City of Shawnee and the IAFF, Local No. 3, for Fiscal Year 2008-2009.
No action was taken at this time.
AGENDA ITEM NO. 6: Consider matters discussed in Executive Session regarding pending litigation entitled Blaco Construction, LLC vs. City of Shawnee, et al Case Number CJ-08-165 District Court, Pottawatomie County, Oklahoma, pursuant to 25 O.S. §307 (B)(4) on recommendation of counsel.
A motion was made by Vice-Mayor Stephens, seconded by Commissioner Schrzan, to authorize the representative for the City of Shawnee to enter into negotiations with Blaco Construction, LLC. Motion carried 7-0.
AGENDA ITEM NO. 9: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Charles O’Dell spoke regarding the dog lease requirements and reported that pit bull dogs in his neighborhood had attacked a neighbor inflicting injuries requiring stitches. He would like to see the city code changed to allow for a dog to be removed from the premises and put down if the dog is running free and attacks someone.
Jim Townsend spoke in favor of restoring more rail service to the City of Shawnee. In the past, there were three railroads providing service to the city and citizens could take a train to anywhere in the United States. He feels that rail service is vital to the growth of the city and is needed to attract industry to the City of Shawnee. A petition at the Pottawatomie County Fair was signed by 500 people in support of public transportation from Shawnee to Oklahoma City.
Shawna Turner spoke in support of rail transportation from Shawnee to Oklahoma City and other destinations. As the cost of fuels increases, it will become more important for people working in Oklahoma City to have public transportation so they do not have to move closer to their workplace.
Chris O’Neal feels that for the city to grow, rail transport is needed.
Jo Davis stated rail service to Oklahoma City is needed to transport employees to Tinker Air Force Base. Public transportation and freight deliver are areas looked at by the federal government in support of local Air Force bases. She stated we need rail transportation to keep Tinker Air Force Base alive.
Dahl McKinny spoke in favor of allowing deer hunting with a bow around Shawnee Lake No. 2 in order to control the large amount of deer in the area.
Charles Westner, a promoter of OnTrak, spoke in favor of the resolution of support for the rail transit. Mr. Westner reported that several other cities (El Reno, Chickasha, Norman) have shown support, as well as the public. Union Station and rail transit is a state asset that belongs to all of us.
Veroni O’Dell told about the pit bull dogs chasing her and her cousins.
AGENDA ITEM NO. 10: Mayor’s Proclamations:
“Whitecotton Fire Fighters Day”
September 29, 2008
(accepted by Joe Whitecotton)
“Fire Prevention Week”
October 5-11, 2008
(accepted by Fire Chief Jimmy Gibson)
“Shawnee Main Street Week”
October 13-18, 2008
(accepted by Ronda White)
“National Business Women’s Week”
October 20-24, 2008
(will be presented October 20th City Commission meeting)
“Red Ribbon Week”
October 23-31, 2008
(will be presented October 20th City Commission meeting)
“Domestic Violence Month”
October 2008
(accepted by Interim Police Chief Russell Frantz)
AGENDA ITEM NO. 11: Presentation by Interim City Manager to Employee of the Month, Lisa Lasyone, Engineering Department.
Interim City Manager Phyllis Loftis presented a plaque and gift certificate to Lisa Lasyone, Engineering Department, as the October employee of the month, in recognition of her excellent service and dedication to the City of Shawnee. Ms. Lasyone was present to accept.
AGENDA ITEM NO. 12: Public hearing and consider approval to rezone property at 1318 E. Independence from A-1; Agricultural to C-2; Suburban Office.
(Applicant: Douglas Combs)
Case #P32-08
Mayor Mills declared a public hearing in session to consider rezoning property located at 1318 E. Independence.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to defer the public hearing and consideration until November 17th City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 13: Public hearing and consider approval of a Conditional Use Permit to allow for a stadium, arena or similar facility in C-4; Central Business District, for property located at 110 W. Main. (Applicant: Traci and Damion Westbrook) Case #P33-08
Mayor Mills declared a public hearing in session to consider a Conditional Use Permit for property located at 110 W. Main.
Commissioner Peterson questioned whether the events that are scheduled for October at the location requesting the Conditional Use Permit could be held without the action of the commission. Planning Director Justin Erickson explained it will be necessary for the applicant to obtain a “Certificate of Occupancy” from the Shawnee Community Development Department and all necessary approvals from the Shawnee Fire Marshall prior to operating the venue and events scheduled for October could be held as long as the proper permits covering those events were in place, included permit from the Fire Marshall’s office. He then requested the public hearing and consideration of Conditional Use Permit be deferred until the November 17th City Commission meeting.
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to defer the public hearing and consideration of a Conditional Use Permit until November 17th. Motion carried 7-0.
AGENDA ITEM NO. 14: Consider approval of a final plat for Woodmore Addition located at Westech and Highway 18. (Applicant: Robert Woodmore)
Case #S22-08
A motion was made by Commissioner Peterson, seconded by Commissioner Holt, to defer until the November 17th City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 15: Public hearing and consider approval of the Shawnee Trails Master Plan amending the Comprehensive Plan. (Deferred from September 15, 2008)
Mayor Mills declared a public hearing in session to consider the Shawnee Trails Master Plan amending the Comprehensive Plan.
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, to defer the public hearing and consideration of the Shawnee Trails Master Plan amending the Comprehensive Plan until the October 20th City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 28: Discuss and consider a resolution of support for the rail transit system.
Resolution No. 6334 was introduced and the title read aloud.
RESOLUTION NO. 6334 ENTITLED “A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA, REQUESTING THE GOVERNOR OF THE STATE OF OKLAHOMA TO APPOINT A SPECIAL COMMISSION TO CONSIDER FUTURE RAIL TRANSIT OPTIONS IN THE OKLAHOMA CITY METROPOLITAN AREA; FUTURE USE OF UNION STATION AND ITS ASSOCIATED RAIL LINES TO ENHANCE FUTURE RAIL TRANSIT FOR THE STATE OF OKLAHOMA; AND ALTERNATE ROUTES FOR THE INTERSTATE 40 CROSSTOWN EXPRESSWAY.”
A motion was made by Commissioner Peterson, seconded by Commissioner Collier, that the Title and Resolution No. 6334 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6334 duly passed and adopted.
COMMISSION NOW RETURNS TO FORMAL AGENDA
AGENDA ITEM NO. 16: Presentation by Russ Oliver of the Shawnee Youth Athletic Association.
Russ Oliver presented a power point presentation outlining the Shawnee Youth Athletic Association organization and their purpose in forming this organization. The board of directors is interested in seeing that the youth of Shawnee have an opportunity to participate in competitive sports in a safe and attractive environment. They would like to see improvements made to the Lions Club Park ball fields. The SYAA has met with the YMCA and the Shawnee Youth Soccer Association and all three organizations are willing to work together to support the youth. The SYAA has a proposal for management of the ball fields and would like to get started as soon as possible on working toward having fields ready for spring ball season.
Any agreement for management of the ball fields would need to be presented to the contract review committee for approval.
AGENDA ITEM NO.17: Discuss and consider allowing the Shawnee Youth Athletic Association to prepare ball fields at Lions’ Club Park for future use until a management agreement can be put in place.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, to allow the Shawnee Youth Athletic Association in coordination with the Shawnee YMCA and with a supervisor of the City Parks Department to prepare ball fields at Lion’s Club Park for future use until a management agreement can be put in place. Motion carried 7-0.
AGENDA ITEM NO. 18: Presentation on Shawnee Regional Sports Complex.
City Engineer John Krywicki gave an overview of the original designs for the Regional Sports Park that had been done in September 2000. The original design was for the north airport property, but there was some objection to the location due to access being across Interstate 40 and off Kickapoo Street. No other property was found that was not cost prohibitive. Currently, the plan is to start with the infrastructure, parking lots, and soccer fields, adding baseball and softball over time, at the north airport property. The projected cost has increased dramatically since the original design was done.
AGENDA ITEM NO. 19: Discuss and consider temporary waiving of prohibitions to bow hunting around Shawnee Lake No. 2 as set out in Section 16-152(b), Sub-division I, Division 5, Article II of the Code of the City of Shawnee for the duration of the 2008 bow hunting season only.
A motion was made by Commissioner Schrzan, but dies due to lack of second. No action was taken at this time.
AGENDA ITEM NO. 20: Committee report on city manager application review.
The report on city manager application review was given and it was noted that thirty-four (34) applications were received. Seven were selected to receive letters informing them that the City of Shawnee is still interested in considering them for the position of City Manager. One of the applicants was contacted for more information. The committee is seeking guidance from the Commission on the next step to be taken. Background checks and telephone interviews could be done and if we have Human Resources do the background checks, money will be saved even if a search firm is hired. Individual opinions of the commission supported the committee and Human Resources conducting background checks and perhaps phone interviews.
Further update will be provided at the next City Commission meeting.
AGENDA ITEM NO. 24: Presentation of the proposed Shawnee Regional Airport terminal building design.
Assistant Airport Manager Rex Hennen gave a powerpoint presentation of the proposed Airport terminal building design. This design meets the needs of corporate pilots. The building design is 3,950 square feet with the air field side mostly glass. There was some concern about the amount of glass on the west side of the building but the engineers think the building is small enough that the additional heat in winter would offset additional cost of summer cooling.
AGENDA ITEM NO. 25: Update on negotiations concerning the Wes Watkins agreement between the Pottawatomie County Development Authority, the City of Tecumseh and the City of Shawnee.
Attorney John Canavan reported the City of Tecumseh has employed Mr. Steve Harris with a law firm in Tulsa to assist with the amendment to the water agreement. Mr. Harris has sent a draft of the proposed amendment to the City of Shawnee and the City of Tecumseh. Mr. Canavan thinks this draft covers changes all parties wanted. Tecumseh will get raw water from the reservoir and be responsible for the treatment. There will be a jointly owned pipeline from the reservoir, Tecumseh can only connect along the jointly owned line. Both parties agree to forgive all debts claimed. The City of Shawnee and the City of Tecumseh would need to jointly decide if drought conditions required a cutback on water taken. Both parties will be responsible for the operating expenses of the recreational facility. There would be no limit on either party to sale or assign any portion of their water rights.
The amendment does not affect Pottawatomie County Development Authority rights or make any changes concerning them.
The amendment should be ready to bring back by the November 3 commission meeting.
AGENDA ITEM NO. 26: Discuss and consider a resolution declaring items of personal property in possession of the Shawnee Police Department to be unclaimed personal property and authorizing the sale of said items at public auction.
Resolution No. 6335 was introduced and the title read aloud.
RESOLUTION NO. 6335 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY TO BE UNCLAIMED PERSONAL PROPERTY OR PROPERTY WHOSE OWNERSHIP IS NOT SATISFACTORILY ESTABLISHED, THE SAME BEING IN POSSESSION OF THE CHIEF OF POLICE OF SHAWNEE, OKLAHOMA FOR MORE THAN NINETY (90) DAYS; DESCRIBING SAID ITEMS OF PROPERTY; AUTHORIZING THE CITY MAMAGER TO DELIVER SAID ITEMS OF PERSONAL PROPERTY TO THE CHIEF OF POLICE FOR SALE FOR CASH AT PUBLIC AUCTION”.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6336 duly passed and adopted.
AGENDA ITEM NO. 29: 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. 30: Administrative Reports
Fire Chief Jimmy Gibson reported that Fire Station No. 2 has a roof leak. The repair work was contracted out and the repairs made the leak worse. The station has been closed due to dampness and a musty smell. Air quality test was done and came back okay. There is some mold on the baseboards but is not a problem if not disturbed. A new contractor is repairing the roof and clean up will then be done on the water damage from prior leaks. The area damaged will remain closed until the repair work is complete.
Interim City Manager Phyllis Loftis announced the responsibility for building maintenance is now with the Director of Operations. Solid waste management responsibility will be moved to Utility Director Jim Bierd.
AGENDA ITEM NO. 31: Commissioners Comments
Mayor Mills would like to establish a “green” committee and establish a sports complex committee. He announced there will be a Chinese delegation here later this month to finalize a Sister City agreement between the City of Shawnee, a Jinchang City, Gansu Province, People’s Republic of China, and the Citizens Potawatomi Nation.
Commissioner Peterson inquired about the Planning Commission meetings. At one time, they held two meetings a month. Now if there is no quorum, plans are held up for another entire month. She suggested they look at meeting twice a month, again.
AGENDA ITEM NO. 32: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 7-0. (10:30 p.m.)
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