BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 21, 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 21, 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
Commissioner Ward 5-Vice Mayor
ABSENT: David Daugherty
Commissioner Ward 6
INVOCATION Reverend Dave Lewis
United Presbyterian Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the Agenda. Motion carried 6-0.
AGENDA ITEM NO. 2: Consider approval of Consent Agenda.
a. Minutes from the May 7, 2007 meeting.
b. Transfers of Appropriation in General Fund
c. Acknowledge the following reports and minutes:
* Sales Tax Report for the month of April, 2007
* Shawnee Beautification Committee minutes from the February 5 and April 2, 2007.
d. Approve out-of-state travel for Cpl. Kris Steadman to attend MX-2 training from May 31 – June 2, 2007 in New Orleans, Louisiana.
e. Approve the adoption of K-9 Akir by his handler Lt. Raymond Vague.
f. Approve refund of contributions from the Oklahoma Municipal Retirement fund for Terry Simpson.
g. Acknowledge Worker’s Compensation payment to Wayne Crall in the amount of $12,309.59.
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, to approve the Consent Agenda Item No. 2(a-g) as presented. Motion carried 6-0.
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: City Manager’s presentation of Employee of the Month. (Scott Bachhofer, Communication Systems Technician).
City Manager Collard presented a plaque and certificate to Scott Bachhofer, Communication Systems Technician, as the May employee of the month, in recognition of his excellent dedication to the City of Shawnee. Mr. Bachhofer was present to accept.
AGENDA ITEM NO. 5: Presentation by Jim Sims of A.D.A. award to Beau Bullock of Knuckles Pub.
Mr. Jim Sims, local resident representing the physically disabled, presented an American with Disabilities Act (ADA) award to Beau Bullock, owner of the recently opened Knuckles Pub in Shawnee, in recognition of his business being in full compliance with A.D.A. Mr. Bullock was present to accept.
AGENDA ITEM NO. 6: Public hearing concerning the adoption of the cable permit with Allegiance Communications.
Mayor Mills declared a public hearing in session to consider the adoption of the cable permit with Allegiance Communications.
City staff, Interim Finance Director Steve Nolen, gave the staff report and John Stobbe, chair of the cable committee that was given the task of negotiating the renewal of the cable permit, gave an overview of the terms of the permit.
Some of the important areas negotiated were the cable service to schools and public buildings and allowing access channels for public, educational, and governmental (PEG) use.
Other committee members in attendance included Roger Hadley, Bill Johnson, and Tony McMurray. Also, committee member Connie Little was mentioned, who was not present.
The committee recommended that the proposed permit and agreement with Allegiance Communications be approved for a term of eight years.
The public hearing was closed and the Commission followed up with discussion.
In review of the document, a couple of changes were recommended from Vice Mayor Peterson that included that notices to the Grantor, the City of Shawnee, should be made to the attention of the city manager and not the mayor; and on Exhibit A, an attached list of cable connections to schools and public buildings, Fire Station No. 3, the Public Works Building, and the Jim Thorpe Academy was left off the list.
Chair Stobbe also relayed that should other names be left off the list, under Section 4.4, they would be covered even though not specifically named on the list.
The Commission expressed their appreciation to the cable television advisory committee for their expertise and time spent in working on the agreement.
AGENDA ITEM NO. 7: Consider an agreement with Allegiance Communications to operate and maintain a cable television system to service the City of Shawnee.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the agreement with Allegiance Communications to operate and maintain a cable television system to service the City of Shawnee with noted changes. Motion carried 6-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 8: Public hearing and consider proposed budget for FY 2007-2008.
Mayor mills declared a public hearing in session to consider the City of Shawnee proposed budget for FY 2007-2008.
City Manager Jim Collard gave staff report and reviewed the preliminary estimate of Revenues and Appropriations in the budget summary for an estimated budget of $45.7 million for fiscal year 2007-2008 as of May 11, 2007. He noted that $32,000 would be included in the financial budget for Downtown Shawnee.
Upon review of the preliminary budget, the Commission had input about various funds and fund transfers affecting the overall budget. The staff would make the revisions.
There being no others to appear, Mayor Mills declared the public hearing closed and announced that the final budget would be presented at the next meeting.
AGENDA ITEM NO. 9: Consider a resolution amending Resolution No. 5996 by replacing the Manager of the Heart of Oklahoma Exposition Center with a trust designee as a member on the Tourism Advisory Committee.
Resolution No. 6299 was introduced and the title read aloud.
RESOLUTION NO. 6299 ENTITLED “A RESOLUTION AMENDING RESOLUTION NO. 5996 OF THE CITY OF SHAWNEE; CHANGING THE MEMBERSHIP OF THE TOURISM ADVISORY COMMITTEE BY REPLACING THE HEART OF OKLAHOMA EXPOSITION CENTER MANAGER WITH A REPRESENTATIVE OF THE HEART OF OKLAHOMA EXPOSITION CENTER AS APPOINTED BY THE TRUST AUTHORITY.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to approve the Title and Resolution No. 6299. Motion carried 6-0.
Thereupon Mayor Mills declared Resolution No. 6299 duly passed and adopted.
AGENDA ITEM NO. 10: Consider an Agreement with Howard – Fairbairn Site Design, Inc. for design services for Shawnee Airport Trail Extension Project.
Community Development Director Mike Southard reported that staff was recommending to contract with Howard-Fairbairn Site Design, Inc., landscape architect, to prepare documents for bidding the construction on the project.
He informed the Commission that the project will be funded through the TEA-21 grant from 2005 in the amount of $250,000. The City’s match will be $50,000 which has been budgeted.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to accept staff’s recommendation to contract with Howard-Fairbairn Site Design, Inc. to prepare construction documents for the for the Shawnee Airport Trail Extension Project. Motion carried 6-0.
AGENDA ITEM NO. 11: Consider payment of tort claim of Mrz. Lizzie’s Home Rentals. (Deferred from 5/7/07 meeting).
City Manager Jim Collard reported that the owner was out of town and requested that this item be considered at the next city commission meeting.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to defer consideration of tort claim of Mrz. Lizzie’s Home Rentals to the next City Commission meeting on June 4, 2007. Motion carried 6-0.
AGENDA ITEM NO. 12: Consider Unsubordinated Com-mercial Ground Lease with Commissioners of the Land Office for North School and South School leases at Shawnee Twin Lake.
Community Development Director Mike Southard gave a history of what transpired three years ago when the City and the State Commissioners of Land Office (School Lands Trust) entered into the agreement.
He reported that 28 lakesite leases at Shawnee Twin Lake are on School Land property and the City has been the pass through for rent collection without receiving administrative fees.
As referred to in the agreement, of the 52 lots owned by the School Land Commission, 28 lots are occupied and the lease rent will increase by $60 from $600 to $660 per year starting next year.
In discussion, the Commission had many concerns about the agreement and requested that staff conduct further research.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to defer action on the Unsubordinated Commercial Ground Lease with Commissioners of the Land Office for North School and South School leases at Shawnee Twin Lake to the June 18, 2007 meeting to allow staff to conduct further research. Motion carried 6-0.
AGENDA ITEM NO. 13: Consider acceptance of Kickapoo Run Addition improvements and placing maintenance bonds into effect.
City Engineer John Krywicki reported that all required improvements of the Kickapoo Run Addition have been completed in accordance with the City’s standards and he was recommending approval for acceptance.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to accept improvements and approve placing maintenance bonds into effect for the Kickapoo Run Addition. Motion carried 5-0.
COMMISSIONER SCHRZAN NOT PRESENT FOR THE VOTE
AYE: Young Stephens, O’Neal, Mills, Peterson
NAY: None
AGENDA ITEM NO. 14: Consider a work session in June for updating building and fire codes.
COMMISSIONER SCHRZAN NOW PRESENT AT 7:52 P.M.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the date of June 25, 2007 as a work session to update building and fire codes. Motion carried 6-0.
AGENDA ITEM NO. 15: Consider temporarily suspending tap fee increases as set out in Ordinance No. 2289NS.
City Manager Jim Collard requested the Commission to temporarily suspend the tap fee increases to allow staff to provide a better analysis for improved enactment of fees regarding the water tap fees.
In part of the analysis, staff would need to determine if the fees would be considered a tap, connection, inspection, or an impact fee.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to temporarily suspend tap fee increases as set out in Ordinance No. 2289NS and revert to the fees prior to November 20, 2006. Motion carried 6-0.
AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Young
NAY: None
AGENDA ITEM NO. 16: Consider awarding bid for Pumper/Tanker Apparatus.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to accept staff’s recommendation to award the bid for Pumper/Tanker Apparatus to Chief Fire & Safety Co. Inc., Chickasha, Oklahoma, in the amount of $274,862.00 as the lowest and best bid. Motion carried 6-0.
AGENDA ITEM NO. 17: 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. 18: Administrative Reports
Under Administrative Reports, Emergency Management Director Don Lynch continued his update on the siren system in Shawnee and its purposes in warning citizens of severe weather or tornado conditions.
City Manager Collard reported that he and Commissioner O’Neal and other citizens in Ward 3 had met a couple of times with ODOT representatives regarding the request for lighting at Bell and Farrall Street and the meetings were productive. The next step will be to conduct traffic studies when appropriate.
The city manager also reported that the lake level was up and it would be within his authority to lift the suspension on recreational activity at the lake. His question was what type of recreational activity would be allowed with the summer season approaching. He noted that currently the recreational activity was limited to fishing from the shore and dock.
The Atoka line was in use and it was pumping two million gallons of water a day and also Shawnee had received rainfall recently.
Commissioner Schrzan requested that the city manager check further about recreation at the lake.
AGENDA ITEM NO. 19: Consider an Executive Session to discuss pending litigation entitled City of Shawnee vs. HUB, et al. pursuant to 25 O.S. 307(B)(4).
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the Commission go into Executive Session to discuss pending litigation entitled City of Shawnee vs. HUB, et al. pursuant to 25 O.S. 307(B)(4). Motion carried 6-0.
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 8:24 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:56 P.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding pending litigation entitled City of Shawnee vs. HUB, et al. pursuant to 25 O.S. (B)(4).
Mayor Mills announced that the session was for informational purposes only and no action would be taken.
AGENDA ITEM NO. 21: Commissioners Comments
Under Commissioners Comments, the following comments were made:
Commissioner Stephens mentioned to remember Jason Miles family. He was an Assistant Code Enforcement Officer employed with the City of Shawnee who recently died in a vehicular accident.
Commissioner Schrzan announced the activities of the Shawnee Rescue Mission Memorial Weekend Bash from 1-3 pm.
Commissioner Young stated that the polycart surveys were sent out and he urged the participating citizens to fill out the surveys and return it to city staff. He welcomed telephone calls from citizens to get their input.
Mayor Mills congratulated the 2007 Shawnee High School graduating seniors to graduate tomorrow night and his daughter will be in that group. The commencement will be aired live on Channel 30 at 7:00 p.m; and he mentioned the two-day Aerospace Summit next week near Lake Texhoma.
Vice Mayor Peterson commented that she would like to continue with identification on or clarification of public storm sewers versus easements for drainage and determine whose responsibility it is to clean out and keep maintained. She would like to see a plan developed for these purposes.
AGENDA ITEM NO. 22: 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.
_________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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