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, July 18, 2005 at 5:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chuck Mills
Mayor
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Marva O’Neal Chris Harden
Commissioner Ward 3 Commissioner Ward 4
Bob Downin g
Commissioner Ward 6
ABSENT: Linda Peterson
Commissioner Ward 5-Vice Mayor
INVOCATION Reverend Leroy Kerbo
Oak Park Church of God
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the June 30 and July 5, 2005 meetings.
b. Budget amendments FY 04-05 in General Fund, Shawnee Municipal Authority and Civic & Cultural Development Authority.
c. Budget amendment FY 05-06 in Economic Development Fund.
d. Transfers of Appropriations FY 04-05 in General Fund.
e. Acknowledge the following reports and minutes:
Sales Tax Report through July, 2005
Shawnee Community Center report for the month of June, and quarterly report for April, May and June, 2005.
Sister Cities Council minutes from the May 24 and June 14, 2005 meetings.
Shawnee Urban Renewal Authority minutes from the June 7, 2005 meeting.
Planning Commission minutes from the June 1, 2005 meeting
Library Board minutes from the April 12, 2005 meeting
f. Lakesite Lease Renewal:
Lot 5, South School Tract
Shawnee Milling Company
201 S. Broadway
Shawnee, OK
g. Authorize staff to advertise for bids for exhaust systems for fire stations.
h. Authorize staff to request proposals for handheld meter reading devices for utility division.
i. Approve lump sum distribution of Oklahoma Municipal Retirement Fund to Ronal Henderson.
j. Mayor’s Appointment
Shawnee Economic Development Foundation
Appoint Vice Mayor Linda Peterson
Before voting on the Consent Agenda, Commissioner Harden requested pulling (j) for separate consideration.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the Consent Agenda 1a-i, less (j). Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Harden
NAY: None
Under 1(j), Commissioner Harden spoke of appointing Commissioner Downing and Commissioner O’Neal to the Shawnee Economic Development Foundation.
Upon discussion, in accordance with the SEDF’s by-laws, the city attorney determined that the by-laws control the appointments and traditionally the Foundation makes the nominations sent to the Commission to vote on it. The by-laws state that three Commissioners are appointed to the SEDF to represent the City.
City Attorney John Canavan also ruled that since only Vice Mayor Peterson’s name was presented on the formal agenda, the other names submitted could not be voted upon at this meeting.
A motion was made by Commissioner Harden, seconded by Commissioner Claybrook, to approve Consent Agenda Item 1(j), to appoint Vice Mayor Peterson to the Shawnee Economic Development Foundation. Motion carried.
AYE: Harden, Claybrook, Schrzan, O’Neal, Mills, Downing
NAY: None
Commissioner Harden requested that the two names she submitted be placed on the next meeting’s agenda.
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Mills issued the following proclamation:
“Knights of Columbus, Council 1018, Centennial Celebration Day”
July 23, 2005
(accepted by three members of the Knights of Columbus)
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month. (Ronal “Herk” Henderson, Traffic Control).
City Manager Jim Collard presented Ronal “Herk” Henderson, Traffic Control employee, as the July employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
Mr. Henderson will retire on July 22, 2005.
AGENDA ITEM NO. 4: City Manager recognition of Southwest Regional Council, National Association of Housing and Redevelopment Officials “Best Annual Report” award presented to Mike Wolf.
Community Development Director Mike Wolf stated that he had accepted an award from the Southwest Regional Council, National Association of Housing and Redevelopment Officials “Best Annual Report.”
He noted that the southwest region comprises of seven states, and Shawnee was in competition with larger cities such as Dallas and Albuquerque.
He gave credit to his staff their diligence in compiling the report.
AGENDA ITEM NO. 5: Presentation of certificates of appreciation to the following.
a. To BFI for safety helmets and sunglasses for police bicycle patrol
Mayor Mills presented a certificate of appreciation to Ron Pentecost, Manager, on behalf of BFI Waste Sytems, for the company’s donation of safety helmets and sunglasses for police bicycle patrol.
b. To Nancy Powell for one Cannondale bicycle and accessories for police department
Mayor Mills presented a certificate of appreciation to Nancy Powell for her donation of one Cannondale bicycle and accessories for the police department.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance closing the alley located south of Farrall Street, between Beard and Broadway streets. (Applicant: City of Shawnee)
Mayor Mills declared a public hearing in session to consider an ordinance closing the alley located south of Farrall Street, between Beard and Broadway Streets.
It was noted the Planning Commission had recommended approval of the closing at the police department request and no protests were filed.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the alley closing. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2211NS was introduced and the title read aloud.
Ordinance No. 2211NS entitled “An ordinance closing to public use the alley south of Farrall Street, and North of Hayes Street, between Broadway Street and Beard Street in the City of Shawnee, Oklahoma; specifically describing said location; reserving utilities; reserving the right to reopen said alley; and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Harden, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Downing, Harden, Claybrook, Schrzan, O’Neal, Mills
NAY: None
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Harden
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2211NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 4901 N. Kickapoo, Suite 1626, from CP; Planned Shopping District to CP-P; Planning Shopping District with Conditional Use Permit for on premise consumption of beer and alcoholic beverages. (Applicant: Ernesto Rojas d/b/a Don Miguel Mexican Restaurant).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4901 North Kickapoo, Suite 1626 for use on premise consumption of beer and alcoholic beverages.
It was noted the Planning Commission had recommended approval of the rezoning application and no protests were filed.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2212NS was introduced and the title read aloud.
Ordinance No. 2212NS 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 being a part of Lot Two (2), Block A, Shawnee Mall Subdivision to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof, being more particularly described as beginning at the southwest corner of Lot Seven (7), Block A. Shawnee Mall Subdivision; thence N35º00’57”E a distance of 100 feet; thence N54º59’03”W a distance of 100 feet; thence S35º00’57”W a distance of 100 feet; thence S54º59’03”E a distance of 100 feet to the point of beginning rezoning said property from CP, Planned Shopping District to CP-P, Planned Shopping District with Conditional Use Permit; amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Claybrook, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried.
AYE: Claybrook, Schrzan, O’Neal, Mills, Harden, Downing
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2212NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider approval of final plat for the Mall East Section II located North of I-40 Frontage Road, east of Union Street. (Applicant: Ronald Wigington o/b/o RSTP, LLC).
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, that the final plat for the Mall Section II located North of I-40 Frontage Road, east of Union Street be approved subject to the utility easements abutting the property line and any other corrections per code requirements. Motion carried.
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Harden
NAY: None
AGENDA ITEM NO. 9: Discussion of possible action of location of Early Childhood Center.
Shawnee Public Schools Superintendent Marilyn Bradford appeared before the Commission to request that an Early Childhood Center to be built near Saratoga (Airport Drive) and Federal Street.
In the school’s search, she indicated that one other location for consideration would be the old Acme school location.
City Manager Jim Collard asked the Airport Manager Jerry Sharp to address the location issue.
Mr. Sharp explained the property did not belong to the City and was airport property which would require Federal Aviation Administration (FAA) approval.
Upon further discussion, it was stated that the school board planned to approve at its August 2nd meeting to call for a bond election on October 11, 2005.
In the meantime, staff would start checking the requirements and recommended to support the idea for a school at the location requested.
A motion was made by Commissioner Harden, seconded by Commissioner Downing, to support the concept of the School Board’s plan to build a child care center near Airport Drive and Federal Street on airport property. Motion carried.
AYE: Harden, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 10: Consider a resolution removing the term limits and waiting period for persons appointed to the boards, commissions and authorities of the city.
Resolution No. 6242 was introduced and the title read aloud.
Resolution No. 6242 entitled “A resolution removing the term limitations for persons appointed to serve on the board, commission and authorities of the City of Shawnee; removing the waiting period a person must observe before being appointed to a successor board; partially repealing Resolution No. 5924.”
Commissioner Schrzan requested this item be placed on the agenda to repeal a city ordinance that limited terms and waiting periods for persons appointed to boards, committees and authorities of the City.
In discussion, Commissioner Harden, who in the past had favored term limits, also voiced her concerns about reappointments, but recently she has seen many of the experienced members being replaced.
Commissioner Claybrook commented that he viewed term limits as a positive and many of the boards have staggered terms to allow for the members that have experience and those new members contributing new ideas.
Mayor Mills stated he was enforcing what was passed back in 1996 and he was doing what the resolution required and he had always brought the appointments to the Commission for approval.
A motion was made by Commissioner Harden, seconded by Commissioner Schrzan, that the Title and Resolution be approved. Motion carried.
AYE: Harden, Downing, Schrzan, O’Neal
NAY: Claybrook, Mills
Thereupon Mayor Mills declared Resolution No. 6242 duly passed and adopted.
AGENDA ITEM NO. 11: Consider an ordinance requiring the consent of the city commission before a member of a city committee may be appointed, removed or fail to be reappointed to that committee.
After discussion, a point of order was called and a motion was made by Commissioner Schrzan, seconded by Commissioner Harden, to end the discussion. Motion carried.
AYE: Schrzan, Harden, Downing, Claybrook, O’Neal, Mills
NAY: None
Ordinance No. 2213NS was introduced and the title read aloud.
Ordinance No. 2213NS entitled “An ordinance relating to the appointment, removal or re-appointment of members presently serving on various committees of the City of Shawnee; amending Section 2-37, Division 1, Article II of Chapter 2 of the Code of the City of Shawnee, Oklahoma; providing that appointment of members to city committees be approved by the City Commission; serving members of a city committee may not be removed or fail to be re-appointed to that board without the consent of the City Commission; providing for severability and declaring an emergency.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Harden, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Schrzan, Harden, Downing, O’Neal
NAY: Claybrook, Mills
A motion was made by Commissioner Downing, seconded by Commissioner Harden, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, Harden, Schrzan, O’Neal
NAY: Claybrook Mills
Thereupon Mayor Mills declared Ordinance No. 2213NS duly passed and adopted thirty days from approval.
AGENDA ITEM NO. 12: Consider jail agreement with Pottawatomie County Safety Center. (Continued from 6/20/05 and 7/5/05)
Police Chief Mike Chitwood presented the jail agreement with concerns about timing issues that would double charge for the city’s prisoners taken to the Center.
Mr. Brandon Steffens, representative of the Pottawatomie County Safety Center, explained that the database being used could not be modified and it would cost and require more employees to make the change.
Upon further discussion, City Manager Jim Collard recommended that the contract be approved at this time and staff would communicate with the Board of Trustees of Pottawatomie County Public Safety Center to put a plan together to address the city’s concerns in the future.
In review of the contract, City Attorney John Canavan was directed by the Commission to make a change under Section 12. Medical Care, last sentence of paragraph 3 to read: “the City of Shawnee shall be responsible for transporting the inmate to medical care while preserving the City of Shawnee’s protection from medical expenses pursuant to 11 O.S. 14-113.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Pottawatomie County Safety Center jail service agreement with changes be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Harden, Claybrook
NAY: None
AGENDA ITEM NO. 13: 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. 14: Administrative Reports.
Under Administrative Reports, Utility Director Afsaneh Jabbar showed pictures of two ponds for residue changed to the southside wastewater treatment plant and not in the pond.
Community Development Director Mike Southard reported that a Skate Park meeting had taken place with about 45 in attendance mainly comprising of youth. He mentioned four sites had been identified and on the next City Commission’s agenda will be placed a request to hire a surveyor for the propsed skate park.
Police Chief Mike Chitwood announced that a citywide town watch meeting will be held in the Commission Chambers at 7:00 p.m. on July 21st and a Public Safety Fair will be held at the Shawnee Mall on Saturday from 11:00 a.m. to 4:00 p.m.
AGENDA ITEM NO. 15: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
Under Citizens Participation, Mr. Ronald Standberry, Dunbar Heights, voiced his disappointment about the lack of the city’s planning for portable toilets and non-working electrical outlets for the Juneteenth Celebration.
He also requested a stop light on Beard and Dunbar streets.
AGENDA ITEM NO. 16: Commissioners Comments.
Under Commissioners Comments, the following comments were heard:
*Commissioner Downing suggested purchasing two new flags for the flag pole on the southside of City Hall.
*Commissioner O’Neal asked for an explanation on the mosquito spraying. City staff explained that the City sprays on a complaint basis.
The Commissioner thanked the police chief for conducting an orientation last Friday night on Main Street.
*Commissioner Schrzan requested information pertaining to the requirements for use of city traps for animals and paying $50 deposit. He especially had concerns for the elderly citizens carrying the heavy traps.
Staff to review the current ordinance.
AGENDA ITEM NO. 17: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Schrzan, seconded by O’Neal, that the meeting be adjourned. (7:58 p.m.)
AYE: Schrzan, O’Neal, Mills, Harden, Downing, Claybrook
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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