BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 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, Tuesday, February 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 Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
AGENDA ITEM NO. 2: Swearing in of Timmy Young, Ward IV Commissioner, by Municipal Judge Robert H. Jones.
At the February 5th meeting, the Commission approved appointment of Timmy Young to fill the unexpired term of Ward 4 Commissioner.
Municipal Judge Robert H. Jones conducted the swearing-in of Timmy Young as Ward 4 Commissioner to complete the term of the late Commissioner Wes Beck.
The term ends in 2008 and Commissioner Young will serve to the end of the term or until the next general or special municipal election is held.
Commissioner Young took his seat as Ward 4 City Commissioner.
AGENDA ITEM NO. 3: Consider Approval of Agenda.
Mayor Mills had an add-on proclamation, “Sue Winterringer Day,” to be presented after Agenda Item No. 6.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the agenda as presented with the added proclamation for Sue Winterringer Day. Motion carried 6-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 4: Consider Approval of Consent Agenda:
a. Transfer of Appropriations in General Fund.
b. Acknowledge the following reports and minutes:
* Sales Tax Report for the month of February, 2007
* License Payment Report for the month of January, 2007
* Project Payment Report for the month of January, 2007
* Shawnee Beautification Committee minutes from the January 8, 2007 meeting
* Shawnee Urban Renewal Authority minutes from the January 16, 2007 meeting
* Planning Commission minutes from the January 17, 2007 meeting
c. Acknowledge loan of Rhino four-wheel drive vehicle from Sehorn Yamaha to Shawnee Fire Department.
d. Acknowledge beginning of payments to BancFirst pursuant to the Lease Agreement of December 16, 2002 in reference to the loan default by Oklahoma Jet Works. The City guaranteed a twelve-month payment stream of $4,691.08, capped at $56,293.
e. Authorize staff to negotiate with Howard Fairbairn Site Design regarding Airport Trail extension.
f. Approve application for distribution of funds to Ruthie Christian from Oklahoma Municipal Retirement Fund.
g. Approve application for distribution of funds to Bryan Ochs from Oklahoma Municipal Retirement Fund.
Before voting on the Consent Agenda, City Manager Jim Collard requested that Agenda Item 4(d) be pulled for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item No. 4(a-g, less d) as presented. Motion carried 6-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
Under Consent Agenda Item No. 4(d), City Manager Jim Collard requested that this item be deferred to the next meeting at the request of the attorney for Oklahoma Jet Works, Inc.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to defer Consent Agenda Item No. 4(d) regarding the matter of Oklahoma Jet Works, Inc. to the March 5, 2007 meeting.
AGENDA ITEM NO. 5: Citizens’ Participation (A three-minute limit per person) (A twelve-minute limit per topic)
Under Citizens’ Participation, Mr. Richard Finley, CPA, spoke in reference to the city’s request for proposals (RFP) for an auditing services to audit fiscal year 2006-07. He encouraged the Commission to expedite the process since it was critical to get the RFPs returned from the auditors.
Mr. Finley stated that he was part of an informal group of people that was formed to assist City Treasurer/Finance Director Becky Cragin in preparing the request for proposals.
He commended Ms. Cragin and staff on the financial report that was part of the FY2005-06 audit stating that it was full of information.
Before considering Agenda Item No. 6, Mayor Mills presented the following proclamation to Ms. Winterringer.
“Sue Winterringer Day”
February 17, 2007
On Saturday, February 17th, Ms. Winterringer was awarded the Distinguished International Academy of Noble Achievement (DIANA) award from the Zeta Gamma chapter of Epsilon Sigma Alpha International for her many accomplishments in her service to the community.
AGENDA ITEM NO. 6: City Manager’s presentation of Employee of the Month. (Rex Hennen, Engineering Department).
City Manager Jim Collard presented a plaque and gift certificate to Assistant Engineer Rex Hennen, Engineering Department, as February employee of the month in recognition of his excellent dedication to the City of Shawnee. Mr. Hennen has been employed with the City of Shawnee for 20 years.
Mr. Hennen was present to accept.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance rezoning property located at 523 S. Chapman from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit to allow for sale of beer and alcohol for on-premise consumption. (Applicant: Linda Morton d/b/a PCL Club).
Mayor Mills declared a public hearing in session to consider an ordinance to rezone property located at 523 S. Chapman to allow for sale of beer and alcohol for on-premise consumption.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Community Development Director Mike Southard gave the staff report noting that this property was transferred from Mr. Howard Smith to Ms. Linda Morton and that the property is currently zoned C-3 with a conditional use for a bar.
The Planning Commission recommended approval of the rezoning request and there were no formal written protest filed with the City Clerk.
Mr. Howard Smith, previous owner, spoke on behalf of the applicant. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2301NS was introduced and read into record.
ORDINANCE NO. 2301NS 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: LOTS THIRTEEN (13), FOURTEEN (14) AND FIFTEEN (15), BLOCK TEN (10), INGLEWOOD ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT TO C-3P; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the Title and Section 1 be approved. Motion carried 5-1.
AYE: Schrzan, Peterson, Stephens, O’Neal, Mills
NAY: Young
Thereupon Mayor Mills declared Ordinance No. 2301NS duly passed and adopted.
AGENDA ITEM NO. 8: Consider an ordinance de-annexing property located at 1530, 1532 and 1600 E. Farrall. (Applicants: Dale Winfrey, Floyd & Sandra Clemence and Von Houk).
Community Development Director Mike Southard presented the staff report on the request to de-annex several properties on Farrall Street from the city limits.
Mr. Southard reported that the properties are on the fringe of the city limits and there are no city utilities serving this area and it is currently zoned agricultural district.
He noted that the Planning Commission recommended de-annexation of the properties.
Upon discussion by the Commission on the pros and cons of de-annexing the properties, the ordinance title for de-annexation of said properties was read.
A motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the ordinance for de-annexing properties from the city limits located at 1530, 1532, and 1600 E. Farrall be denied. Motion carried 6-0.
AYE: Schrzan, Peterson, Stephens, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 9: Consider progress made by Annette Davis on property located at 1005 N. Union. (Continued from 1/16/07 meeting).
Community Development Director Mike Southard reported that the remodeling progress of property located at 1005 N. Union owned by Annette Davis has been continued from December and January meetings to allow time for Ms. Davis to obtain financing and present a plan of action for the remodeling.
Ms. Davis’ brother, Lonnie Holley, appeared before the Commission and spoke on behalf of her asking for time to make repairs to the house.
Mr. Holley stated that his construction company would be doing the work and he handed out a month-to-month schedule of repairs for a cost estimate of $11,700 for repairs and $2,350 for plumbing work.
He indicated that Ms. Davis would have her financing available in less than two weeks.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to accept the proposal in the timeline Mr. Holley presented to make repairs to the house located at 1005 N. Union and that this matter be brought to the Commission for review at the August 6, 2007 City Commission meeting. Motion carried 6-0.
AGENDA ITEM NO. 10: Consider progress made by Nick Chlouber on property located at 1113 S. Gordon Cooper Drive. (Continued from 1/16/07 meeting).
Community Development Director Mike Southard gave the staff report on the status of the property located at 1113 S. Gordon Cooper Drive owned by Nick Chlouber.
Mr. Southard informed the Commission that Mr. Chlouber indicated that he planned to demolish all structures and remove all appliances from the property.
Mr. Nick Chlouber was present and confirmed his intention to demolition the two houses. He stated that he was in the process of hauling off items from the property and he had several obstacles that would require more time and money. Those obstacles included the local landfill had limited open days and it would be costly to haul debris to the Wewoka or Oklahoma City landfills; and both houses would need to be cleared of all items before starting the demolition.
Upon consideration, it was the Commission’s direction for Mr. Chlouber to proceed with property clean up and come back before the Commission at a future meeting.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to extend review on the progress of the demolition of structures on property at 1113 S. Gordon Cooper Drive for at least 60 days to be heard at the April 16, 2007 meeting. Motion carried 6-0.
AGENDA ITEM NO. 11: Consider recommendation from the Shawnee Beautification Committee to designate vacant lot at Main and Broadway streets as a Veterans Memorial Park.
Community Development Director Mike Southard presented the recommendation from the Shawnee Beautification Committee to designate the vacant lot at Main and Broadway streets as a Veterans Memorial park.
He noted that a mock design was presented to the committee and letters of support by the VFW and other veteran organizations were also presented.
It was reported that the Committee would work with various veteran groups to develop a final design that would benefit the community and that the City Commission would have the final approval of the design.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to support and approve the recommendation from the Shawnee Beautification Committee to designate the Veterans Memorial Park to be located on the vacant lot at Main and Broadway streets. Motion carried 6-0.
AGENDA ITEM NO. 12: Consider Collection Agreement with American Municipal Services for collection of citations and/or warrants.
Deputy Court Clerk Mike Roberts gave the staff report informing the Commission that several collection agencies had been contacted for their services to assist the Muncipal Court with collections of fines and warrants.
After comparisons were made, it was found that American Municipal Services (AMS) from Tulsa had the best proposal that would meet the city’s needs.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to accept the collection agreement with American Municipal Services (AMS) from Tulsa to perform collection services to recover fines due to the Shawnee Municipal Court. Motion carried 6-0.
AGENDA ITEM NO. 13: Consider authorizing staff to advertise for bids for auditor for fiscal year 2006 – 07.
City Treasurer Becky Cragin informed the Commission that she sought volunteers for an audit advisory group to assist her in the development of a “Request for Proposal” to auditors for fiscal year 2006-07.
The audit advisory group included:
Mr. Richard Finley of Finley & Cook, CPAs
Ms. Vicky Fine from Unity Hospital
Ms. Bertha Ann Young, former City Treasurer
Mr. Marion McMillian, BancFirst
Mr. Bob East, Comptroller with Shawnee Milling Company
Ms. Cragin mentioned that the group reviewed RFPs from the cities of Edmond, Norman, Stillwater, and others in developing a comprehensive RFP for auditing services.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to authorize staff to advertise for Request for Proposals for auditor for fiscal year 2006-07.
AGENDA ITEM NO. 14: Consider contract with Accurate Labs for Stage 2 of Surface Water Treatment.
Utility Director Afsaneh Jabbar requested authorization to approve a contract with Accurate labs for Stage 2 of Surface Water Treatment for additional monitoring. The work includes the hydraulic analysis required to select most representative site; preparation of monitoring the plan and justification; performance of required monitoring; and submission of the report. This project will be done in four phases with a total cost of $24,820.00.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the contract with Accurate Environmental Services in the amount of $24,820.00 to provide assistance for the standard monitoring plan for Stage 2 of surface water treatment. Motion carried 6-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 15: Consider approving addendum to Hunter Mechanical for installation of 100 gallon water heater at City Hall.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve an addendum to the existing contract with Hunter Mechanical for installation of a 100-gallon water heater at City Hall in the amount of $10,203.00. Motion carried 6-0.
AGENDA ITEM NO. 16: Consider resolution approving Oklahoma Department of Transportation utility and right-of-way agreement.
Assistant City Engineer Rex Hennen reported that a resolution was being presented for approval of a right-of-way agreement with the Oklahoma Department of Transportation (ODOT) on a replacement project for the bridge on US 177 that crosses over the railroad tracks immediately south of the Kickapoo Spur Interchange with US 177.
Mr. Hennen stated that the City has no costs associated with this project nor are there utilities to be relocated. The State will pay the entire construction costs.
After due and careful consideration Resolution No. 6923 was introduced and the title read aloud.
RESOLUTION NO. 6293 ENTITLED “A RESOLUTION APPROVING THE EXECUTION OF A CERTAIN RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT BETWEEN THE CITY OF SHAWNEE AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF OKLAHOMA REGARDING FEDERAL AID PROJECT NO. BRFY-163A(158), STATE JOB NO. 21745(04) CONST.,(02) R/W, (03)UTIL.
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to approve the Title and Resolution No 6293. Motion carried 5-0. (Commissioner Schrzan was not present during roll call of said motion.)
Thereupon Mayor Mills declared Resolution No. 6293 duly passed and adopted.
AGENDA ITEM NO. 17: Consider acceptance of street right-of-way easement located in the vicinity of the northwest corner of 45th Street from the Commissioners of the Land Office.
The Commission considered a recommendation from the city engineer regarding acceptance of a street right-of-way easement located in the vicinity of the northwest corner of 45th Street from the Commissioners of the Land Office, grantor, to the City, grantee.
The easement is for a sixty (60) foot right-of-way granted to the city for the new CVS project located as stated previously to be able to build a city street along the north property line of said project. There will be no cost to the city other than inspection cost. CVS will build the road to city standards and assume all of the construction costs. Upon completion the City will assume maintenance and upkeep of the street.
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to approve the acceptance of street right-of-way easement located in the vicinity of the northwest corner of 45th Street from the Commissioners of the Land Office. Motion carried 6-0.
AGENDA ITEM NO. 18: Consider an ordinance regarding individual sewage systems at Shawnee Twin Lakes.
The Commission considered the proposed ordinance regarding individual sewage systems at the Shawnee Twin Lakes.
Upon consideration, Vice Mayor Peterson requested that the following language be added under Section 2: Amendatory; 16-59(c) as follows: “….sewage disposal system in relation to the high watermark must be provided by the leaseholder….”
Upon due and careful consideration, Ordinance No. 2302NS was introduced and the title read aloud.
ORDINANCE NO. 2302NS ENTITLED “AN ORDINANCE AMENDING THE SHAWNEE CITY CODE, BY STRIKING SECTION 60.11 (B) OF THE SUBDIVISION REGULATIONS, INDIVIDUAL SEWAGE DISPOSAL SYSTEMS; AND BY AMENDING SECTIONS 16-59, DIVISION II, ARTICLE II OF CHAPTER 16 OF THE CODE OF THE CITY OF SHAWNEE; REGULATING SEWAGE DISPOSAL SYSTEMS AT THE LAKE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the Title and Sections 1-4, with noted language additions to Ordinance No. 2302NS be approved. Motion carried 6-0.
Thereupon Mayor Mills declared Ordinance No. 2302NS duly passed and adopted.
AGENDA ITEM NO. 19: Consider a resolution repealing restrictions on memberships to boards, commissions and authorities of the City.
Commissioner Schrzan led the discussion to consider a resolution repealing restrictions on memberships to boards, commissions and authorities of the City.
Commissioner Schrzan commented that he was not in favor of removing the term limits, but he would like to amend the term limits that include a member may serve for three terms or reach a mid-point.
Mayor Mills commented that he saw no reason to change the term limits since it should be a mechanical function to have term limits to involve new people to the boards and encouraging new ideas; and he felt it was working as it was designed to do.
After discussion of the various options for term limits and its purpose for citizen participation on these boards, the following motion was made.
A motion was made by Commissioner Schrzan to extend the term limits from two terms to three terms with a maximum of six to eight years whichever comes first. The motion died for lack of a second.
Therefore, the current resolution remains in effect.
AGENDA ITEM NO. 20: Consider an agreement with Property Room.Com for on-line sale of unclaimed evidence and found property.
Police Chief Bill Mathis presented the staff report regarding the proposed agreement with Property Room.com for on-line sale of unclaimed evidence and found property and the process that would be taken.
A motion was made by Commissioner Young, seconded by Commissioner O’Neal, to approve agreement with Property Room.Com for on-line sale of unclaimed evidence and found property. Motion carried 6-0.
AGENDA ITEM NO. 21: Consider an agreement with Board of County Commissioners to allow Shawnee Fire Department to bid and purchase one pumper/tanker to be paid by County from Fire Protection Tax.
Fire Chief Jerry Bower gave the staff report explaining how the joint- effort of the city and county of purchasing one pumper/tanker would benefit the communities.
A motion was made by Commissioner O’Neal, seconded by Vice Mayor Peterson, to approve agreement with Board of County Commissioners to allow Shawnee Fire Department to bid and purchase one pumper/tanker to be paid by the County from the Fire Protection Tax. Motion carried 6-0.
AYE: O’Neal, Peterson, Stephens, Schrzan, Mills, Young
NAY: None
AGENDA ITEM NO 22: Consider selecting Realtor for sale of city property located at southwestern corner of Harrison and Grant streets.
Community Development Director Mike Southard presented three sealed envelopes from realtors submitting letters of interest to sell the property located at the southwest corner of Harrison and Grant. The realtors who submitted proposals were:
Bill Palmeter, Re/Max of Shawnee
Susan Callendar, Prudential Carolyn Harris Realty, Inc.
Kayron Devereaux, Century 21 Bob Crothers Realty, Inc.
Staff recommended a random selection.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to accept one of the three realtors. Motion carried 4-2.
AYE: Schrzan, Stephens, O’Neal, Young
NAY: Mills, Peterson
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to select Re/Max, Bill Palmeter, as the realtor to sell the city property located at southwestern corner of Harrison and Grant streets. Motion carried 4-2.
AYE: Schrzan, Stephens, O’Neal, Young
NAY: Mills, Peterson
AGENDA ITEM NO 23: Consider Bids:
a. One New Telephone System at Public Works Building (award)
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to award the bid for One New Telephone System at Public Works Building to Communication Services, Inc., Shawnee, Oklahoma, in the amount of $19,660.00 as the lowest and best bid. Motion carried 6-0.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to accept negotiated price for the hydraulic power pack with Steffen, Inc., Sioux City, Iowa, as the lowest and best bid in the amount of $17,500.00. Motion carried 6-0.
AGENDA ITEM NO. 24: 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. 25: Administrative Reports
Under Administrative Reports, the following reports were given:
*In a joint-effort to clean up the graffiti in the community, Community Development Director Mike Southard and Police Chief Bill Mathis gave updates on the processes that Code Enforcement and the Police Department would be taking to clean up the graffiti in the community.
Mr. Southard advised that the graffiti cleanup would be similar to the current procedures used in addressing the tall grass and weeds and dilapidated structures. Although it seems unfair to the property owners, they will be the responsible party for the cleanup, a starting point for the cleanup.
The police chief informed the Commission that a gang hotline to the Police Department was established for call-ins; and he reported that there had been identified 64 gang members and over 20 gangs in this area.
*Utility Director Afsaneh Jabbar reported on the water management plan in effect at the water treatment plant with a 30-inch line repair project costing $13,500. In repairing the line, she told the Commission that the water would be shut off on Saturday, February 24th for 12 hours from 2:00 a.m. to 2:00 p.m. and a notice would be placed in the newspaper informing the public.
She addressed the recent odor and taste in the water in which a pilot study was being conducted taking water totally from the Wes Watkins Reservoir that had algae that caused the changes in the water. She stated that testing would resume later when the algae has gone and after the new screens on the towers have been installed.
Assistant Engineer Rex Hennen advised that the screens for the intake tower would be installed next Tuesday.
Ms. Jabbar reported that the Spring Clean-up information to the public would be mailed out the first part of March and she touched on the State Water Plan; and in 60-90 days a public hearing for citizens to be informed of the continuing water situation.
AGENDA ITEM NO. 26: Commissioners Comments
Under Commissioners Comments, Commissioner Schrzan commended the City Clerk staff for the new binders for the agenda packets; congratulated Sarah Stewart, niece of the commissioner who recently was crowned high school basketball queen; and he announced that Congress woman Mary Fallin was opening an office in the Aldridge and the open house would be held next Thursday from 10:00 a.m. to 2:00 p.m.
Mayor Mills mentioned the upcoming OML Conference of Mayors Legislative forum and he invited the Commissioners to be a part of that forum where issues on sales tax exemptions and water issues were some of the topics to be discussed.
Commissioner Young encouraged the citizens watching the meeting tonight to spread the word to others about important issues brought up at these meetings that affect the community such as landfill hours and water issues.
AGENDA ITEM NO. 27: Adjournment.
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Young, that the meeting be adjourned. Motion carried 6-0. (9:38 p.m.)
AYE: Schrzan, Young, Peterson, Stephens, O’Neal, Mills
NAY: None
_____________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_______________________________
DIANA HALLOCK, CITY CLERK
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