BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 7, 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, May 7, 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’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson David Daugherty
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
ABSENT: None
INVOCATION Reverend Bob Searl
University Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Commission Appointment of a Vice Mayor (per Article III, Section 6 of the City Charter).
A motion was made by Commissioner Daugherty, seconded by Commissioner Young, to appoint Commissioner Linda Peterson as the VICE MAYOR per Article III, Section 6, of the City Charter. Motion carried 6-0.
AGENDA ITEM NO. 3: 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. 18.
b. Minutes from the April 9, April 16, April 23 and April 30, 2007 meetings.
c. Acknowledge the following reports and minutes:
* License Payment Report for the month of March, 2007
* Project Payment Report for the month of March, 2007
* Sister Cities Council minutes from the February 13 and March 13, 2007 meetings
* Shawnee Urban Renewal Authority minutes from the April 3, 2007 meeting.
* Traffic Commission minutes from the November 28, 2006 meeting
* Planning Commission minutes from the April 4, 2007 meeting.
* Civic and Cultural Development Authority minutes from the March 15, 2007 meeting
d. Lakesite Lease Transfer
Lot 4, Seck Track
To: L. Moody
From: C. & K. Duroy
e. Approve recommendations from the Community Service Contracts Review Committee:
1) Consider renewal of agreement with the YMCA, Inc. for the operation of Shawnee Community Center for FY 2007-2008.
Recommendation: To approve renewal of the agreement with the YMCA for operation of Shawnee Community Center for FY 2007-2008 in the amount of $43,644.00.
2) Consider renewal of agreement with Central Oklahoma Community Action Agency/Central Oklahoma Transit for FY 2007-2008.
Recommendation: To renew the agreement with Central Oklahoma Community Action Agency/Central Oklahoma Transit for FY 2007-2008 in the amount of $50,000.00 with all funding of this contract to be from the General Fund and with the intention of reducing funding in the future.
3) Consider renewal of agreement with Ted Fowler d/b/a Teddy Bears Janitorial Service for janitorial services at Shawnee Public Library for FY 2007-2008.
Recommendation: To renew the agreement with Ted Fowler d/b/a Teddy Bears Janitorial Service for FY 2007-2008 in the amount of $1,950.00 per month.
4) Consider agreement with Central Oklahoma Community Action Agency/Retired Senior Volunteer Program for Meals on Wheels Program.
Recommendation: To approve the payment of $10,000.00 for one year only to benefit homebound senior citizens.
5) Consider renewal agreement with Senior Citizens of Shawnee, Inc. for the management of the Municipal Auditorium and for senior programs for FY 2007-2008.
Recommendation: To approve renewal of the agreement with Senior Citizens of Shawnee, Inc. for FY 2007-2008 in the amount of $71,721.00.
f. Approve refund of contributions from the Oklahoma Municipal Retirement fund Defined Contribution Plan for Jim Ledbetter.
g. Authorize staff to advertise for proposals for architectural services for remodeling of cemetery offices.
h. Approve renewal of agreement with Youth and Family Resource Center for provision of juvenile services.
i. Acknowledge receipt of Mobile Command and Communications vehicle for Emergency Management from the Urban Area Security Initiative.
j. Authorize staff to advertise for bids for replacement of Gordon Cooper water line.
k. Approve Recommendations from the Traffic Commission at the April 24, 2007 meeting:
1) Request from Tom Cook, 1203 N. Pesotum, to install “Sharp Curve” signs at the intersection of Wallace and Pesotum.
Recommendation: To deny request for “Sharp Curve” sign and recommend a T- intersection.
2) Request from Butch Cushman, 604 W. Wallace, to install a crosswalk at Wallace and Chapman street.
Recommendation: To approve request.
3) Discussion of a Speed Hump Policy.
Recommendation: Board will continue discussion at the next Traffic Commission meeting.
4) Request from Irma Ramirez, 1902 E. 10th, to install a stop sign at 10th and Tenbrook streets.
Recommendation: To deny request.
5) Request from Mary Hill, 1705 Bradley, to install a deer crossing sign on Bradley Street, east of Henson Hill.
Recommendation: To approve request.
Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item No. 3-e (4) be pulled and City Engineer John Krywicki requested 3- k (1) to be pulled for separate consideration
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to approve the Consent Agenda Item No. 3(a-k), less e(4) and k (1) as presented. Motion carried 7-0.
Under Consent Agenda No. 3e (4) pertaining to the agreement with Central Oklahoma Community Action Agency/Retired Senior Volunteer Program, Vice-Mayor Peterson wanted to emphasize that the contracted amount of $10,000.00 was for one year only to benefit homebound seniors.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal to approve Agenda Item 3-e (4). Motion carried 7-0.
The Commission also spoke about item k (1) concerning the “Sharp Curve” sign to be placed at the intersection of Wallace and Pesotum. It was recommended that the request be denied for the “Sharp Curve” sign and a T-intersection be installed instead.
City Engineer explained the Traffic Commissions’ recommendation and stated that the T-intersection sign would be placed mid-block on Wallace Street.
A motion was made by Commissioner Young, seconded by Commissioner Daugherty, to approve the recommendation from the Traffic Commission and install a T-intersection sign. Motion carried 7-0.
AGENDA ITEM NO. 4: Citizens’ Participation (A three-minute limit per person) (A twelve-minute limit per topic)
Under Citizen’s Participation, Betty Case appeared to speak of the recent rezoning that was allowed on St. John’s Road. She stated that she felt the homeowners had been ignored and that the Commissioners had made up their minds prior to the hearing.
AGENDA ITEM NO. 5: Mayor’s Presentation and Proclamation:
Mayor Mills presented a Certificate of Appreciation to Bob Searl with University Baptist Church for the invocation at the city commission meeting.
“Mary Sherman Day”
May 20, 2007
(accepted by Julia Harmon)
AGENDA ITEM NO. 6: Introduction of Shawnee 2007 student/teacher delegation exchange trip to Nikaho, Japan in August.
Delegation Chair Mary Chancellor of the Sister Cities Council introduced the 2007 student and teacher delegation to the City Commission. The selection included 14 students and 2 teachers, which are:
Grove Liberty NRC
Phillip Langley Alexandra Tilton Logan Davis
Kaily O’Connor
Leslie Sutton
Shawnee Middle School
Catherine Blair Cailey Gibson
James Brown Sydney Gunderson
Bethany Buchanan Maile Hopkins
Jessica Cousins Michael Womack, Jr.
Allie Duff
Teacher Delegates:
Tim McDaniel
Marsha Gore
Also included in the group will be Youth Representative Raye Reeder from Shawnee High School, and volunteer Mr. Joseph Gore, in which both members will pay their full expense. The delegation will be leaving July 31, and returning August 7, 2007.
AGENDA ITEM NO. 7: Update from Mike Crawford regarding status of financial situation.
Mr. Mike Crawford gave an encouraging update regarding the status of the financial situation. He reported that in the last three weeks things have gone very smoothly and all is up-to-date except the general account. His staff has found very few errors and has not had to make many adjustments. He stated that they should be fully caught up within 3 weeks or so.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance rezoning property located at 526 N. Bryan from R-1; Residential District to C-3; Automotive and Commercial Recreation District for use as offices and self-storage facility. (Applicant: Chad Self)
The Planning Commission continued this until their June 6th meeting.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to continue public hearing to consider an ordinance to rezone property located at 526 N. Bryan for use as offices and self-storage facility until the June 18, 2007 City Commission meeting.
COMMISSIONER DAUGHERTY WAS NOT PRESENT DURING VOTE
AGENDA ITEM NO. 9: Public hearing and consider an ordinance rezoning property located at 2817 N. Kickapoo from R-1; Residential District to C-3; Automotive and Commercial Recreation District for use as a car wash. (Applicant: Roger Farris).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 2817 N. Kickapoo for use as a car wash.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the rezoning.
Staff report was given by Community Development Director Mike Southard and it was noted that the Planning Commission recommended approval of the rezoning and that no formal written protests had been filed.
There being no others to appear, the public hearing was closed.
After due and careful consideration Ordinance No. 2310 NS was introduced and the title read aloud.
ORDINANCE NO.2310NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA: THE WEST HALF (W/2) OF THE NORTH HALF (N/2) OF BLOCK ONE (1), WYANT’S SECOND ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM R-1; SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3; AUTOMOTIVE AND COMMERCIAL RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, that the Title and Section 1 be approved. Motion carried 7-0.
Thereupon Mayor Mills declared Ordinance No. 2310NS duly passed and adopted.
AGENDA ITEM NO. 10: Consider recommendation from Planning Commission to adopt the Dunbar Heights Neighborhood Action Plan.
Community Development Program Manager Mike Wolf came before the Commission to discuss the Dunbar Heights Neighborhood Action Plan prepared by J-Quad and Associates.
Mr. Wolf was very complimentary of the participation of the Dunbar Heights community and their assistance and input in this Plan. Mr. Wolf urged the Commission to approve the Action Plan.
A motion was made by Commissioner O’Neal, seconded by Commissioner Schrzan, to approve staff’s recommendation to adopt the Dunbar Heights Neighborhood Action Plan.
AGENDA ITEM NO. 11: Consider an ordinance amending the Building Code standards for handicapped ramps.
Community Development Director Mike Southard presented the ordinance increasing the standards required for handicapped ramps for commercial construction. The current ADA requirement is 1:12 slope and the proposed ordinance amends those requirements, wherever possible, to 1:16 slope. This change will not affect residential building projects. The Commission was in favor of the change, but wanted to allow staff time to contact commercial builders and architects who may be affected by this change.
A motion was made by Commissioner Stephens, seconded by Commissioner Daugherty, to defer the adoption of this ordinance until notice has been given by the Community Development Director and staff to all architects or commercial builders regarding this change in the Commercial Building Code. Motion carried 7-0.
AGENDA ITEM NO. 12: Consider payment of tort claim of Mrz. Lizzie’s Home Rentals.
City Attorney John Canavan discussed the tort claim procedure and explained the basis for the denial by Oklahoma Municipal Assurance Group of this claim. Under the Governmental Tort Claims Act, the city has to be aware of a potential problem and do nothing before it can be at fault. Because of the vast number of miles of city water lines, the city cannot be expected to prevent all breaks. He also indicated that the Commission was free to decide on the claim, but also reminded them of the precedent it would set should this one claim be paid.
In light of the fact that the requesting party, Kaye Harrod, was not present at the City Commission meeting, a motion was made by Commissioner Daugherty, seconded by Commissioner Schrzan, to postpone this matter until the May 21, 2007 City Commission meeting. Motion carried 7-0.
AGENDA ITEM NO. 13: Consider acceptance of water and sewer paving improvements at Shawnee Mission Plaza Section 6 and placing maintenance bonds into effect.
A motion was made by Commissioner Daugherty, seconded by Commissioner O’Neal, to approve acceptance of water and sewer paving improvements at Shawnee Mission Plaza Section 6 and placing maintenance bonds into effect. Motion carried 7-0.
AGENDA ITEM NO. 14: Consider a resolution requesting the Oklahoma Department of Transportation to conduct a feasibility study for the creation of an interstate interchange at the intersection of Bryan Street and I-40.
City Manager Jim Collard discussed this item and listed the benefits of having an interchange at I-40 and Bryan Street. Some of the advantages would be to travelers who would have another entrance/exit from the interstate and the added sales tax potential to the City.
Resolution No. 6297 was introduced and the title read aloud.
RESOLUTION NO. 6297 ENTITLED “A RESOLUTION REQUESTING THAT THE OKLAHOMA DEPARTMENT OF TRANSPORTATION CONDUCT A FEASIBILITY STUDY FOR THE CREATION OF AN INTERSTATE INTERCHANGE AT THE INTERSECTION OF BRYAN STREET AND I-40 IN THE CITY OF SHAWNEE..”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to approve the Title and Resolution No.6297. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6297 duly passed and adopted.
AGENDA ITEM NO. 15: Consider a resolution committing the City of Shawnee to pay for the required electricity to maintain the proposed urban section median barrier to be placed on Interstate 40, ¼ mile east of State Highway 18 to ¼ mile west of Kickapoo Street.
City Manager Collard discussed this item and explained that this “urban section median barrier” would replace the cable barriers which will be installed from Oklahoma City east on Interstate 40. Decorative lighting would be placed in the median and the City of Shawnee would be responsible for the electricity.
Resolution No. 6298 was introduced and the titled read aloud.
RESOLUTION NO. 6298 ENTITLED “A RESOLUTION CONFIRMING THAT SHOULD THE OKLAHOMA DEPARTMENT OF TRANSPORTATION INSTALL A CONCRETE URBAN SECTION MEDIAN BARRIER WITH DECORATIVE LIGHTING ON I-40 STRETCHING ONE QUARTER (1/4) MILE EAST OF STATE HIGHWAY 18 TO ONE QUARTER (1/4) MILE WEST OF KICKAPOO STREET THEN THE CITY OF SHAWNEE WILL PROVIDE AND PAY FOR ALL ELECTRICITY TO MAINTAIN THE BARRIER.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve Title and Resolution No.6298.
Thereupon Mayor Mills declared Resolution No. 6298 duly passed and adopted.
At this time, Phil Tomlinson of the Oklahoma Department of Transportation spoke to the Commission to remind them that the passage of this resolution was only a request that this project be done but did not guarantee its construction.
AGENDA ITEM NO. 16: Consider authorization of repairs on the flusher truck in the amount of $18,000.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve authorization of repairs on the flusher truck in the amount of $18,000. Motion carried 7-0.
AGENDA ITEM NO. 17: Consider an ordinance permitting only a commissioner who voted in the majority on a vote to place an item on the commission agenda to reconsider that vote.
This ordinance was presented by Commissioner Schrzan for consideration. Currently, any Commissioner can request an item be placed on the agenda, but only a commissioner voting in the majority can make a motion to reconsider the vote. Commissioner Schrzan’s request would only allow a commissioner voting in the majority to place the item for reconsideration on the agenda.
After a lengthy conversation regarding this matter, Commissioner Young made a motion, seconded by Vice-Mayor Peterson, to deny the ordinance.
Once Commissioner O’Neal returned, it was requested that the previous motion, the second and how each commissioner voted be read to Ms. O’Neal. Vice-Mayor Peterson suggested that the Commission also update Commissioner O’Neal on matters discussed in her absence.
After further discussion, Ordinance No. 2311NS was introduced and the title read aloud.
ORDINANCE NO. 2311NS ENTITLED “AN ORDINANCE RELATING TO PLACING RECONSIDERATION OF A PREVIOUS VOTE OF THE CITY COMMISSION ON THE AGENDA; AMENDING SECTION 2-32, DIVISION I, ARTICLE II, OF CHAPTER 2 OF THE CODE OF THE CITY OF SHAWNEE; REQUIRING THAT PLACEMENT OF AN ITEM ON THE AGENDA FOR A CITY COMMISSION MEETING DEALING WITH THE RECONSIDERATION OF A PREVIOUS VOTE OF THE COMMISSION MAY ONLY BE DONE BY A COMMISSIONER WHO VOTED IN THE MAJORITY ON THE VOTE SOUGHT TO BE RECONSIDER; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”
Commissioner Schrzan then made a motion, seconded by Commissioner Daugherty, to approve Ordinance No. 2311NS permitting only a commissioner who voted in the majority to place an item on the city commission agenda to reconsider that vote. Motion carried 4-3.
Thereupon Mayor Mills declared Ordinance No. 2311NS passed and approved.
There was no motion made to approve the emergency clause, therefore this ordinance shall go into effect 30 days from the date hereof.
AGENDA ITEM NO. 18: Consider Bids:
a. Professional Auditing Services (award)
Acting Finance Director Stephen Nolen addressed this issue and presented the recommendation of city staff and the Audit Review Group to accept the bid by Murrell, Hall, McIntosh and Company. It was noted that due to having several key positions in the Accounting Department unfilled, the City was requesting that the auditor prepare the Financial Statements and assist the City in the CAFR preparation. The lowest bid received, from Sanders Bledsoe and Hewett, declined to assist in the financial and CAFR preparation. Therefore, Murrell, Hall, McIntosh and Company was the lowest and best bid that met all bid specifications.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for the Professional Auditing Services to Murrell, Hall, McIntosh & Co., Norman, Oklahoma, in the amount of $60,675 as the lowest and best bid. Motion carried 6-1.
b. Up to Seven (7) Panasonic Toughbook Computers (award)
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to accept staff’s recommendation to award the bid for Seven (7) Panasonic Toughbook Computers to CDW-G, Vernon Hills, Illinois, in the amount of $27,286.00 as the lowest and best bid. Motion carried 7-0.
BIDDER
AMOUNT
Chief Fire & Safety Co., Inc.
Chickasha, OK 73023 $274,862.00
Ferrara Fire Apparatus
Cullman, AL 35055 $280,627.00
1st Due Emergency Response Solutions
Bartlett, KS 67332 $289,946.00
Pierce Mfg.
Harrah, OK 74045 $256,735.00
A motion was made by Commissioner Stephens, seconded by Commissioner Young, that the bids for Pumper/Tanker Apparatus bid be deferred to staff for review and recommendation at the next meeting. Motion carried 7-0.
AGENDA ITEM NO. 19: 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. 20: Administrative Reports
Under Administrative Reports, Emergency Management Director Don Lynch explained the procedures and protocol regarding the Outdoor Warning System (tornado siren). Mr. Lynch stated that it is policy to sound all alarms city-wide when a potential tornado threat is imminent. The alarms are programmed to sound for 3 minutes, which is deemed adequate to alert citizens to check television or radio and seek shelter if warranted. Mr. Lynch stated that the City would not be sounding an “All Clear” siren as this may confuse the issue. Mr. Lynch also encouraged residents to purchase a NOAA weather radio for accurate weather information.
Mr. Lynch further explained that the City utilizes 7 older sirens and 15 new sirens with the intention of over-lapping areas for increased sound coverage. There is also a plan to move two warning sirens located east of the city to new locations that will provide better coverage within the city. Mr. Lynch said that all sirens are tested weekly for readiness.
City Manager Collard urged citizens to register their storm shelters or safe rooms with Emergency Management if they have not done so.
It was also noted that Tuesday, May 15th, is Water Appreciation Day in Oklahoma.
AGENDA ITEM NO. 21: Commissioners Comments
Under Commissioners Comments, Commissioner Pam Stephens spoke of attending the dedication of the Glen Collins Memorial at Shawnee Twin Lakes and thanked the Shawnee Twin Lakes Association and the Shawnee Police Department Honor Guard for their assistance in this event.
Mayor Mills congratulated his daughter, Britan Mills, for being named 1st runner-up in the Ms. Oklahoma National Teenager pageant and receiving $40,000 in college scholarship award.
Mayor Mills also stated that he had met with officials from the State School Land Commission concerning leasing 200 acres for the Regional Park. Mayor Mills said this meeting was very favorable and felt that construction could start on the park by this summer.
Commissioner O’Neal spoke to other Commissioners regarding the recent behavior of the Board. She stated she had no axe to grind with anyone and urged the Commission to pull together in unity and strength.
Commissioner Young agreed with Commissioner O’Neal for the need for unity on the Board.
Commissioner Young encouraged attendance for youths on Friday nights at “The Rock” at Living Word Church. He also urged families to practice their emergency tornado drills and stay alert.
AGENDA ITEM NO. 22: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that the meeting be adjourned.
Motion carried 7-0. (9:25 p.m.)
_________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
______________________________
PHYLLIS LOFTIS, DEPUTY CITY CLERK
FOR DIANA HALLOCK, CITY CLERK
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