BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 4, 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, Tuesday, September 4, 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’Neil Timmy Young
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson
Commissioner Ward 5-Vice Mayor
ABSENT: None
VACANT: Commissioner Ward 6
INVOCATION Don Lynch
Emergency Management
Director
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the Agenda. Motion carried 6-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Young
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. 20.
b. Minutes from the August 20, 2007 meeting.
c. Acknowledge the following reports and minutes:
Shawnee Urban Renewal Authority minutes from the August 7, 2007 meeting
Civic and Cultural Development Authority minutes from the July 19, 2007 meeting
Airport Advisory Board minutes from the June 20 and July 18, 2007 meeting
d. Approve Oklahoma Municipal Retirement Fund defined contribution refund to Ronald Henry.
e. Approve Oklahoma Municipal Retirement Fund defined contribution refund to Gayla Duke.
f. Approve City Manager’s appointment of Phyllis Loftis as City Clerk/Court Clerk.
g. Authorize staff to purchase from state contract one extended cab ½- ton four-wheel drive pickup for Shawnee Municipal Authority.
h. Approve Memorandum of Understanding with District Attorney’s Office regarding victims of domestic violence and sexual assault.
i. Authorize staff to advertise for sprinkler system and fire alarm for Municipal Auditorium.
j. Authorize out-of-state travel for Chief Mathis to attend “114th Annual International Association of Chiefs of Police Conference, Law Enforcement Education & Technology Exposition” in New Orleans, LA, October 13-17, 2007.
k. Authorize out-of-state travel for Lt. Russell Frantz to attend the “Protecting Children Online: Unit Commander/Policy Training Course” in Alexandria, VA from October 28-30, 2007.
l. Authorize out-of-state travel for Lt. Tom Pringle and Lt. Raymond Vague to attend the “School of Police Supervision Course” in Plano, TX, from October 1-26, 2007.
m. Authorize out-of-state travel for Sgt. Rod Taylor to attend the “Administration and Management Training Course” in Plano, TX, from October 8-12, 2007.
Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item No. 2(b) be pulled for separate consideration.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, to approve the Consent Agenda Item 2(a-m), less (b) as presented. Motion carried 6-0.
AYE: Schrzan, Peterson, Stephens, O’Neal, Mills, Young
NAY: None
In reference to Agenda Item No. 2(b) regarding the minutes from the August 20, 2007 meeting, Vice Mayor Peterson noted that under Agenda Item No. 17 regarding the City Manager’s contract, the word “renewed” should be changed to “continued.”
The sentence will read as follows: “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 approve Agenda Item No. 2(b) with noted correction.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Mayor’s Proclamation and Presentation:
“National Preparedness Month”
September, 2007
(accepted by Don Lynch, Emergency Management Director)
Presentation of resolution of appreciation to Allen Heilaman for 23 years of service to the City of Shawnee.
Resolution No. 6311 was introduced and read aloud.
RESOLUTION NO. 6311 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO ALLEN HEILAMAN FOR HIS 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 THE SAID ALLEN HEILAMAN.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Resolution No. 6311 be approved. Motion carried 6-0.
Thereupon Mayor Mills declared Resolution No. 6311 duly passed and adopted.
Presentation of resolution of appreciation to Richard Wakeman for 28 years of service to the City of Shawnee.
Resolution No. 6312 was introduced and read aloud.
RESOLUTION NO. 6312 ENTITLED “A RESOLUTION EXPRESSING APPRECIATION TO RICHARD WAKEMAN FOR OVER 28 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 RICHARD WAKEMAN.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Title and Resolution No. 6312 be approved. Motion carried 6-0.
Thereupon Mayor Mills declared Resolution No. 6312 duly passed and adopted.
Mr. Richard Wakeman was present to accept stating he was thankful for all the good memories and friends he has made during his years of employment.
AGENDA ITEM NO. 5: Public hearing and consideration of request from Cordillera Energy Partners for a permit to drill an oil well on the NW/4 NW/4 NW/4 SE/4 Sec. 18 10N-4E (Near Wallace and Union)
Mayor Mills declared a public hearing in session to consider the request of Cordillera Energy Partners for a permit to drill.
Staff report was given by Emergency Management Director Don Lynch. Mr. Lynch reported that 11 of the 12 property owners had consented to the drilling of this well. He further reported as follows: Cordillera Energy Partners have received an approval of their intent to drill from the Oklahoma Corporation Commission. They have also paid the surety and the $3,500 permit fee required by the City. All publication requirements have been met. Additionally, they have worked very well with the City on this request and reference checks revealed no background problems.
No one appeared in protest of this request. Mr. Rick Conner of Sooner Well Log Service, Inc. appeared on behalf of Cordillera Energy. Mr. Conner stated that there are currently 6 wells on the proposed site producing 250 barrels of oil per day. Mr. Conner also said that it will take approximately 2 weeks to drill the well then an additional 1 – 2 weeks before it goes on line.
In reference to the difficult ingress/egress issues at the location, Mr. Lynch stated that Cordillera Energy was aware that the cost of any road repairs needed as a result of any damage caused by them, will be paid by them.
A motion was made by Commissioner Stephens, seconded by Vice Mayor Peterson, to allow the drilling of an oil well on the NW/4 NW/4 SE/4 Sec. 18 10N-4E (Near Wallace and Union) be approved. Motion carried 6-0.
AYE: Stephens, Peterson, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 6: Consider changing name of Woodland Park to Woodland Veterans’ Park.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve changing the name of Woodland Park to Woodland Veterans’ Park. Motion carried 6-0.
AGENDA ITEM NO. 7: Discuss and consider financial assistance on part of City to facilitate Woodland Park becoming Veterans’ Park.
Commissioner Schrzan requested discussion of this item. Mayor Mills stated that Bill Ford, project coordinator, indicated he would like this venture to be a community project. The City Commission recently approved donating land in Woodland Park for the Veterans’ project. Commissioner Schrzan and Mayor Mills both encouraged citizens to buy bricks to provide community support for this project. After a discussion regarding monetary and in-kind assistance by the City, a motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve giving general support of the concept with financial details to be determined later. Motion carried 6-0.
AGENDA ITEM NO. 8: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Matthew A. Winston.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve Oklahoma Municipal Retirement Fund lump sum payment Defined Benefit Plan and refund of contributions from the Hybrid plan for Matthew A. Winston.
Motion carried 6-0.
AGENDA ITEM NO. 9: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Michael Southard.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid plan for Michael Southard. Motion carried 6-0.
AGENDA ITEM NO. 10: Consider a resolution approving an exception to city policy to allow Richard Wakeman to keep his handgun upon his retirement.
Chief William Mathis has requested that Lieutenant Richard Wakeman, who is retiring after 28 years of service with the Shawnee Police Department, be granted permission to retain possession of his sidearm after retirement.
Resolution No. 6313 was introduced and title read aloud.
RESOLUTION NO. 6313 ENTITLED “A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, APPROVING AN EXCEPTION TO THE CITY POLICY TO ALLOW POLICE LIEUTENANT RICHARD WAKEMAN TO KEEP HIS HANDGUN UPON HIS RETIREMENT.”
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, that the Title and Resolution No. 6313 be approved.
Motion carried 6-0.
Questions have arisen concerning the applicability of Ordinance No. 2247NS, specifically as it applies to new development. The City’s planning consultant, Nancy McNayr, indicated that there is nothing in the ordinance that defines what “new development” means in the context of requiring the placement of sidewalks. It is her understanding that sidewalks should only be required for those instances in which a new structure is built. If so, the ordinance needs to be amended to clarify the circumstances in which sidewalks will be required.
Responding to a question regarding ADA sidewalk width requirements, Ms. McNayr said that her research indicated no clear-cut answer and was open to interpretation.
Vice Mayor Peterson said it was her intent, when working with the Sidewalk Committee, to require sidewalks for new developments, but not when remodeling an existing home.
Regarding a change of usage from residential to commercial, Commissioner Stephens stated that because they generate an income, commercial businesses on arterial or collector streets should make a commitment to the community by installing sidewalks. After a lengthy discussion, the commission directed City Manager Jim Collard to bring this agenda item back at the September 17th meeting with an amendment to Ordinance No. 2247NS explaining and clarifying when a sidewalk is to accompany new development, what constitutes “new construction”, addressing change of usage issues and ADA requirements.
AGENDA ITEM NO. 12: Consider purchase of a front-end loader for the Street Department utilizing Pottawatomie County bid process pricing.
Pottawatomie County recently advertised for bids for a front end loader and subsequently selected Warren Cat as the lowest and best bid. By utilizing the “league bid process” the City would be allowed to use the County’s bids to purchase the same equipment. City Engineer John Krywicki stated that the bidder is comfortable with supplying the equipment to the City and recommended the purchase of this equipment in the amount of $118,822 from the vendor Warren Cat.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to approve the purchase of a front-end loader for the Street Department utilizing Pottawatomie County’s bid process pricing. Motion carried 6-0.
AGENDA ITEM NO. 13: Consider authorization to apply for a federal grant from the Federal Aviation Administration totaling no more than $398,208.
Assistant Airport Manager Jerry Sharp addressed this item by explaining that the proposed grant money would be used to rehabilitate the apron, to crack seal the runway and taxiway and to paint the runway. It was further explained that the 10% required match from the City of Shawnee would be no more than $39,821. Funding this amount could be taken from Economic Development and/or Capital Improvement. After further discussion it was decided that $40,000 should be transferred from Economic Development ending balances to the Shawnee Airport Authority to provide the money needed for the grant match.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, approving authorization to apply for a federal grant and transferring $40,000 from the Economic Development ending balance to the Shawnee Airport Authority. Motion carried 6-0.
AGENDA ITEM NO. 14: Consider authorizing staff to negotiate with the selected consulting firm for engineering services for Airport Improvement Project.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve authorizing staff to negotiate with the selected consulting firm for engineering services for Airport Improvement Project and to return to the City Commission for contract approval. Motion carried 6-0.
AGENDA ITEM NO. 15: Consider authorizing staff to spend $11,600.00 to replace air conditioning units at the Senior Center.
The amount of $10,000 was budgeted for the replacement of the air conditioning units at the Senior Center. Upon receipt of bids, the cost was $1,600 higher than the budgeted amount. It was noted by Vice-Mayor Peterson that the Senior Citizens board had voted to approve the expenditure of $1,600 to be added to the City’s budgeted amount for the purchase of the new units.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, authorizing staff to spend $11,600.00 to replace air conditioning units at the Senior Center. Motion carried 6-0.
AGENDA ITEM NO. 16: Consider a resolution declaring radio equipment surplus and transferring from City to Expo Center.
Resolution No. 6314 was introduced and the title read aloud.
RESOLUTION NO. 6314 ENTITLED “ A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE TRANSFER OF SAID ITEMS TO THE SHAWNEE CIVIC AND CULTURAL DEVELOPMENT AUTHORITY.”
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Resolution No. 6314 be approved. Motion carried 6-0.
AYE: Schrzan, Peterson, Stephens, O’Neal, Mills, Young
NAY: None
Thereupon Mayor Mills declared Resolution No. 6314 was duly passed and adopted.
AGENDA ITEM NO. 17: Discussion and presentation of Kickapoo Street Project.
City Engineer John Krywicki was directed and the August 20th City Commission meeting to return with “visuals” regarding this item. Mr. Krywicki and Assistant Engineer Rex Hennen gave a power-point presentation to the Commission showing sections of Kickapoo Street from Kickapoo Spur to MacArthur. Each section shown revealed how the properties would be affected and to what extent at forty, forty-five, fifty and sixty feet of right-of-way. The Commission thanked Mr. Krywicki and his staff for providing this helpful information.
AGENDA ITEM NO. 18: Consider acceptance of Linden Apartments public improvements, acceptance of sanitary sewer easement, and placing maintenance bonds into effect.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to defer acceptance of Linden Apartments public improvements, acceptance of sanitary sewer easement, and placing maintenance bonds into effect until all requirements are met. Motion carried 6-0.
AGENDA ITEM NO. 19: Open applications for the vacant Ward 6 Commission seat.
One application was received from Mr. Carl Holt, 4102 Blaine Road, regarding the vacant Ward 6 Commission seat and read into the record. The Commissioners will interview Mr. Holt during the September 17, 2007 commission meeting.
AGENDA ITEM NO. 20: Consider bids:
Edwards/Whitaker culvert replacement (Open)
BIDDER AMOUNT
Westchester Development Co.
Shawnee, OK 74804 $110,330.00
Young General Constructors LLC
Edmond, OK 73034 $123,756.00
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to defer the bid for Edwards/Whitaker culvert replacement for review and recommendation at the next meeting. Motion carried 6-0.
AGENDA ITEM NO. 21: 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. 22: Administrative Reports
Under Administrative Reports, Emergency Management Director Don Lynch gave a report on 911 upgrades. Mr. Lynch has been working with the county on establishing an answering point located in the county. Having employees from each entity working together at one central answering point location is the ultimate goal. This would be advantageous during emergency situations in that all entities would be aware of the situation. The County has recently purchased a logging recorder and they are working with the City of Tecumseh. A facilitator is scheduled to come and work with the entities to see if a single location public safety answering point is feasible.
AGENDA ITEM NO. 23: Commissioners Comments
Under Commissioners Comments, Mayor Mills mentioned the ribbon cutting for the new police department sub-station at Shawnee Mall. He also listed the events on the itinerary for the upcoming Centennial Celebration to be held in Shawnee September 21-22, 2007.
Commissioner Stephens commented on the new police pontoon boat at Shawnee Lake and thanked the police for their presence at Shawnee Lake over the weekend.
AGENDA ITEM NO. 24: Adjournment
There being no further business to be considered, a motion was made by Commissioner Young, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried 6-0. (8:53 p.m.)
_________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
________________________________
PHYLLIS LOFTIS, CITY CLERK
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