BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 3, 2008 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, March 3, 2008 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.
Marva O’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4
Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
ABSENT: Schrzan
INVOCATION Rev. Clif Briscoe
Living Word Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve Agenda as presented. Motion carried 6-0.
AYE: Peterson, Holt, Stephens, 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. 22.
b. Minutes from the February 19, 2008 meeting.
c. Supplemental Budget Amendment and Appropriation of Budget to the General Fund.
d. Transfer of Appropriations between departments in the General Fund.
e. Appropriation of Beginning Fund Balance in the General Fund.
f. Supplemental Budget Amendment and Appropriation of Budget for Shawnee Airport Authority.
g. Appropriation of Beginning Fund Balance for Capital Improvements Fund and Supplemental Budget Amendment and Appropriation of Budget for Shawnee Airport Authority.
h. Supplemental Budget Amendment and Appropriation of Budget for Shawnee Airport Authority.
i. Supplemental budget Amendment and Appropriation of Budget for Capital Improvements Fund.
j. Appropriation of Beginning Fund Balance Economic Development Fund.
k. Transfer of Budget within a Department for Shawnee Municipal Authority.
l. Transfer of Budget between Departments for Shawnee Municipal Authority.
m. Acknowledge the following reports and minutes:
• Planning Commission minutes from February 6, 2008
• Beautification Committee minutes from January 7, 2008
• Sister Cities Council minutes from November 13, 2007 and January 15, 2008
• Airport Advisory Board minutes from January 16, 2008
• Shawnee Civic and Cultural Development Authority minutes from January 17, 2008 and January 28, 2008
n. Acknowledge refund of Municipal Retirement Fund contributions from the Defined Contribution plan for Mathew Collins, Jake McGehee, Freddie Mike Stone, and Pedro Vega.
o. Acknowledge resignation letter of Dr. David Hadley from the Planning Commission.(Term to expire 06/01/08)
p. Authorize staff to purchase bunker gear on county bid for the Fire Department.
q. Authorize staff to utilize the county bid to purchase a digital logging recorder for 9-1-1 public safety answering point.
r. Consider Amendment Number 2 to the LBR contract dated September 18, 2007, for the performance of a Preliminary Engineering Report for the Parallel Taxiway and Runway Rehab projects at the Shawnee Regional Airport.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve Consent Agenda Item No. 2 (a-r), as presented. Motion carried 6-0.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Under Citizens Participation, Mr. Roger Cude with Rentzel Pump Manufacturing, stated that his company is planning to expand within the next year bringing an additional 25 employees on board. At the present time, they are hoping to build a large storage building on their property, on Westech road at the edge of City limits. City code is requiring them to put in a fire hydrant at a cost of approximately twice the cost of the building. This building would be used for storing parts only, no extremely flammable items. He would like some direction on some type of variance for the fire hydrant requirement.
Mr. Tom Claybrook, asked for an update on the status of the lawsuit with HUB on the water treatment equipment. City Attorney John Canavan responded that the company had new legal representation and it should go to mediation soon. Mr. Claybrook also inquired about the agreement with the City of Tecumseh on water issues. Mayor Mills responded with assurances that the Vice-Mayors’ had been working the issues and both were working on dollar amounts. Vice-Mayor Peterson advised that there is a meeting scheduled for the next day and she is very encouraged with the cooperation of all parties involved. The City of Shawnee and the City of Tecumseh are working together to resolve all the issues.
Mr. Dave Boardman advised there should be some preliminary plans on the improvement to Woodland Veterans’ Park within ten days to two weeks. Mr. Boardman, also, wanted to remind everyone that March 20 is Vietnam Veterans Day.
Mr. Tom Smith would like to see the street drainage in front of his house fixed so that he could mow all the way to the street. He, also, gave a written request for information on what streets are in line to be repaired, what type repairs will be made, and when would the work be started on each street.
AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentations:
“National Red Cross Month”
March 2008
(accepted by Loyd Williams and Katie Noffsker)
“Community Development Week”
March 24 – March 30, 2008
(accepted by Jeannetta Townes)
AGENDA ITEM NO. 5: City Manager’s Presentation to Employee of the Month, Mike Murrell with the South Side Waste Water Treatment Plant.
City Manager Jim Collard presented a plaque and certificate to Mike Murrell, South Side Waste Water Treatment Plant, as the employee of the month, in recognition of his excellent service and dedication to the City of Shawnee. Mr. Murrell was present to accept.
AGENDA ITEM NO. 6: Consider appraisal by Jerry Jones of real property for skate park location on Center Street north of Kid Space Park.
In consideration of the request to have the 3.75 acres re-appraised located on Center Street north of Kid Space Park; the appraised value came back at $61,700.00. This comes out to be $16,453.00 per acre.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to purchase one acre of property, contiguous with recreational space now in use, from cemetery using capital funds appropriated for the skate park. Motion carried 6-0.
AGENDA ITEM NO. 7: Consider an agreement between the City of Shawnee and the Shawnee YMCA for the construction of parking lot improvements.
On April 17, 2006, a Resolution was approved by the City Commission to financially support the YMCA expansion by providing up to $167,000.00, if funding is available, for the parking lot improvements. This was budgeted for the FY07-08.
A motion was made by Commissioner Holt, seconded by Commissioner Stephens, to accept agreement between the City of Shawnee and the YMCA for the construction of parking lot improvements. Motion carried 6-0.
AGENDA ITEM NO. 8: Consider approval of the preliminary plat of Vanguard Stimulation Services located at 41500 Wolverine Road. (Applicant: Carroll Newman)
There was discussion on the sidewalk issue and how the industrial areas have different usage than residential areas. The sidewalk ordinance that is in place now is very strict and does not allow any exception for usage. The sidewalk ordinance is something that will be discussed at a later meeting. Vice-Mayor Peterson stated the Commission needs to decide what they want the Industrial Park to look like. Also, does the Trails Master Plan address this issue.
TECHNICAL ISSUES
1. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property or a 10’ utility easement is required if accompanied by a 10’ off-site easement (40.2.3.B).
2. The ‘Statistical Data’ chart should clarify items B-F and H.
3. “Limits-of-no-Access” is required on the frontages of Lot 1 on Wolverine.
4. Abutting owners and subdivisions must be identified on the Preliminary Plat.
5. A note listing any approved variances must be placed on the Preliminary Plat
6. A street name is needed for the proposed public street.
7. 100 foot right of way plus 50’ private property strip: The Plat should clearly show the 50’ strip on the east of the new public street is private property and is a part of Lot 1, Block 1. This 50 foot strip can also have a utility easement over it, but physically must be part of Lot 1 in order to put a sign on it at Wolverine Road.
8. SIGN: The Preliminary Plat shows a ‘sign’ located in the public right-of-way on Wolverine Road. The sign must be located in the 50’ private property strip, east of the right-of-way.
9. Public Improvement Plans must be submitted for review.
10. Proposed “T’ turnaround: The turn-around pavement area should only go (east) up to the right-of-way line-at the 100 foot mark and not into private property-the 50’ strip.
11. A note listing any approval variances must be placed on the Preliminary Plat
12. A revised Preliminary Plat must be submitted for City files.
A motion was made by Commissioner Holt, seconded by Commissioner Young, to accept the preliminary plat of Vanguard Stimulation Services located at 41500 Wolverine Road with the 12 technical issues being met, approval of a variance to the subdivision regulations, Section 40.2.8 sidewalk requirement and approval of a variance to the subdivision regulations, Section 40.2.1T dead end street length and cul-de-sac radius, terminus location, and design. Motion carried 6-0.
AGENDA ITEM NO. 9: Consider approval of the final plat of Vanguard Stimulation Services located at 41500 Wolverine Road.
TECHNICAL ISSUES
1. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property or a 10’ utility easement is required if accompanied by a 10’ off-site easement (40.2.3.B). A 20’ U/E is needed along the south line of Lot 1.
2. “Limits-of-no-Access” is required on the frontages of Lot 1 on Wolverine.
3. A street name is needed for the proposed public street.
4. 100 foot right of way plus 50’ private property strip: The 50 foot strip is physically part of Lot 1.
5. Public Improvement Plans must be submitted for review.
6. The building limit lines (setbacks) should not be depicted on the Final Plat. Setbacks are determined by the Shawnee Zoning Code. The I-3 district requires a front yard setback of 35 feet; other setbacks vary if the property abuts a residential district.
7. A revised Final Plat must be submitted for review.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve final plat of Vanguard Stimulation Services located at 41500 Wolverine Road with the 7 technical issues recommended. Motion carried 6-0.
AGENDA ITEM NO. 10: Consider approval of the preliminary plat of the Villagio located on North Kickapoo south of 36th Street. (Applicant: Bodard Trust)
Nancy McNayr reported that this preliminary plat was approved once before but since no final plat was presented within a year, the preliminary plat had to be brought back for approval. Vice-Mayor Peterson was concerned with no sidewalks on 36th Street, only on Kickapoo. This was approved because 36th Street is not classified as a collector street so sidewalks were not required. Also, there are no public roads on the interior of this plat for maintenance by the City. All access other than entry off Kickapoo and 36th Street is common area to the developer and classified as driveways with all maintenance provided by the developer.
TECHNICAL ISSUES
1. Sidewalks-Kickapoo. Sidewalks must be included in the paving plans and installed as part of the public improvements.
2. A 20’ utility easement must be provided along the perimeter of all subdivisions. All off-site easements must be shown on the plat with a recorded book and page
3. “Limits-of-no-Access” is on Kickapoo and W. 36th Street where driveways are not shown.
4. An ODOT permit is required for driveways onto SH-3E (Kickapoo).
5. Abutting owners and subdivisions must be identified on the preliminary plat.
6. Landscaping will be required as per the Shawnee Zoning Code.
7. A revised Preliminary Plat must be submitted for City files.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, to accept the preliminary plat of the Villagio located on North Kickapoo south of 36th Street with technical issues 1-7. Motion carried 6-0.
AGENDA ITEM NO. 11: Consider approval of the final plat of the Villagio located on North Kickapoo south of 39th Street. (Applicant: Bodard Trust)
TECHNICAL ISSUES
1. Sidewalks – Kickapoo. Sidewalks must be included in the paving plans and installed as part of the public improvements.
2. A 20’ utility easement must be provided along the perimeter of all subdivisions. The existing 20 foot easement at the southern end of this site must be shown on the Final Plat. Book and Page numbers for all recorded “off-site” easements must be reflected on the plat.
3. “Limits-of-no-Access” is required on the lot frontages on Kickapoo and W. 36th Street.
4. An ODOT permit is required for driveways onto SH-3E (Kickapoo).
5. Landscaping will be required as per the Shawnee Zoning Code with any development of this property.
6. Required Building lines or setbacks must be depicted on the Final Plat or a note describing required setbacks in accordance with the approved PUD must be placed on the Plat.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to accept the final plat of the Villagio located on North Kickapoo south of 36th Street with Technical Issues 1-6, Section 1.
AGENDA ITEM NO. 12: Consider acceptance of the water and sanitary sewer improvements installed for Phase I of the Villagio Development, and placing maintenance bonds into effect.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to accept water and sanitary sewer improvements installed for Phase I of the Villagio Development, and placing maintenance bonds into effect. Motion carried 6-0.
AGENDA ITEM NO. 13: Consider acceptance of the water and sanitary sewer improvements installed for the ROSS Store Development located at the Shawnee Mall, and placing maintenance bonds into effect.
A motion was made by Commissioner Holt, seconded by Vice Mayor Peterson, to accept water and sanitary sewer improvements installed for the ROSS Store Development located at the Shawnee Mall, and placing maintenance bonds into effect. Motion carried 5-0.
AGENDA ITEM NO. 14: Consider acceptance of the water and sanitary sewer improvements installed for the Faith 7 Housing Project, and placing maintenance bonds into effect.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to accept the water and sanitary sewer improvements installed for the Faith 7 Housing Project and placing maintenance bonds into effect. Motion carried 5-0.
AT 8:05 P.M. MAYOR MILLS ANNOUNCED THAT THE COMMISSION WILL DEVIATE FROM THE FORMAL AGENDA TO CONSIDER AGENDA ITEMS NO. 20-21, AFTER A 10 MINUTE RECESS
CITY COMMISSION RECONVENED AT 8:15 P.M. WITH ALL COMMISSIONERS PRESENT
AGENDA ITEM NO. 20: Update by Crawford and Associates regarding financial statements for the year ended June 30, 2007.
Mike Crawford, with Crawford and Associates, reported that approximately one year ago his firm was hired to assist with reconciling bank statements and prepare for the upcoming audit. The Finance Department had fallen behind on the reconciling of the bank statements and the pooled cash accounts due to extreme understaffing. Crawford and Associates were able to bring all accounts up to date and prepare prior year adjustments, as needed, to accounts. During this process, they came across some errors. Cash balances at June 30, 2006, were over-stated by approximately $821,000.00. Computer program posting problems compounded the errors. Prior period adjustments were required amounting to $1.3 million. These adjustments have all been made and controls are now in place to keep the same mistakes from happening again. Crawford found no evidence of missing money or intentional misstatement of accounts. The Finance Department is now fully staffed and new policies and procedures are in place. Due to the conservative budgeting by the City, there should be no decreases in what is budgeted; however, the amount estimated to be carried over will be much less.
AGENDA ITEM NO. 21: Presentation of the City of Shawnee draft of Audited Financial Statements for the year ended June 30, 2007 by Murrell, Hall, McIntosh and Company, PLLP, Certified Public Accountants.
Vanessa Mushrim, representative of Murrell, Hall, McIntosh and Company, PLLP, Certified Public Accounts (MHM), presented the draft of the Audited Financial Statements for the year ended June 30, 2007. The final Audited Financial Statements will be presented at the March 24, 2007 commission meeting. Ms. Mushrim reported they did not do a CAFR this year due to problems from the prior year but hope to include CAFR next year. She advised that city staff and Crawford and Associates had been very helpful in providing the information MHM needed for their audit. MHM worked closely with Crawford and Associates and are satisfied with the prior year adjustments made by Crawford. Due to these adjustments, MHM has no disagreement with management, and no additional adjustments for 2006 will be necessary. Because Crawford and Associates were brought in to find the problems and correct the errors, there will be no material weakness noted on the Audited Financial Statements for the year ended June 30, 2007.
THE COMMISSION NOW RETURNS TO THE FORMAL AGENDA
AGENDA ITEM NO. 15: Discuss and consider staff recommendation on municipal pool assessment and design proposal.
James Bryce, Parks Superintendent, reported that interviews had been conducted with four engineering/design firms and that staff recommends entering into negotiation with Water Technology, Inc. of Wisconsin for assessment and design improvements to the municipal pool. This is the same company working on the YMCA pool.
A motion was made by Commissioner Holt, seconded by Commissioner O’Neal, to authorize staff to work with Water Technology, Inc., for assessment and design improvements to the municipal pool. Motion carried 6-0.
AGENDA ITEM NO. 16: Consider an ordinance increasing the amount the City Manager can contract for without Commission approval to $25,000.00.
It was proposed during the February 19, 2008 Commission meeting to change the City of Shawnee Purchasing and Disbursement Policies. These proposed changes were:
1. For purchases of supplies, materials and equipment involving expenditures over $25,000, the commission shall invite competitive written bids or utilize the services of the Central Services Purchasing Division of the State Board of Public Affairs.
2. The city manager (or his designees) may make purchases for goods and services for the city in any amount not to exceed $25,000 without prior approval of the city commission and without inviting competitive written bids.
3. For purchases from $500 to $25,000, three (3) written quotes or catalog pricing must be obtained from potential vendors.
After discussion the wording was changed to read “previously budgeted” as a clarification.
Ordinance No. 2340NS was introduced and read aloud.
ORDINANCE NO. 2340NS ENTITLED AN ORDINANCE RELATING TO THE PURCHASE OF SUPPLIES AND EQUIPMENT; AMENDING SUB-SECTION (b), SECTION 2-107, ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; RAISING THE BUDGETED AMOUNT THE CITY MANAGER MAY CONTRACT FOR TO OBTAIN SUPPLIES, MATERIALS AND EQUIPMENT FOR THE CITY TO TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) WITHOUT PRIOR APPROVAL OF THE CITY COMMISSION; AND PROVIDING FOR SEVERABILITY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, that the Title and Section 1 and Section 2 be approved with the amendment. Motion carried 6-0.
Thereupon Mayor Mills declared Ordinance No. 2340 NS duly passed and adopted.
AGENDA ITEM NO. 17: Consider re-instatement of the Fire Marshal position with the Shawnee Fire Department.
Fire Chief Jimmy Gibson reported that approximately eight years ago the positions of Deputy Chief and Fire Marshal were combined and that while the intent was good, both positions require an incredible amount of time and expertise. This measure does not add a member to the department, but simply reinstates the position of Fire Marshal. In order to separate these two positions, a reduction will be made in the number of fire preventions officers in the Fire Marshal’s office from 3 to 2.
A motion was made by Commissioner Stephens, seconded by Commissioner O’Neal, to approve re-instatement of the Fire Marshal position with the Shawnee Fire Department. Motion carried 6-0.
AGENDA ITEM NO. 18: Consider change order for skid load for the Shawnee Fire Department.
After careful consideration and research, Chief Gibson requested that a change order for the skid load be made. The changes will allow the department to utilize the high pressure pump in many wild land fire applications that require less volume of water, allowing extended usage of water supply as well as allowing less labor intensive extinguishment activities in short grass and timber applications. The changes will also add an additional 100 feet of booster hose and lower the unit by 9 inches lowering the center of gravity for better maneuverability.
A motion was made by Commissioner Stephens, seconded by Commissioner Young, to accept the change order for skid load for the Shawnee Fire Department. Motion carried 6-0.
AGENDA ITEM NO. 19: Consider a resolution declaring a 1982 GMC truck surplus and transferring from City of Shawnee to the Shawnee Civic and Cultural Development Authority.
Resolution No. 6326 was introduced and the title read aloud.
RESOLUTION NO. 6326 ENTITLED “A RESOLUTION DECLARING A CERTAIN ITEM OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING THE TRANSFER OF SAID ITEM TO THE SHAWNEE CIVIC AND CULUTURAL DEVELOPMENT AUTHORITY.”
A motion was made by Commissioner Young, seconded by Commissioner Stephens, that the Title and Resolution No. 6326 be approved. Motion carried 6-0.
Thereupon Mayor Mills declared Resolution No. 6326 was duly passed and adopted.
AGENDA ITEM NO. 22: Consider Bids:
a. ODOT Tree Grant Proposal (Award)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to award ODOT Tree Grant Proposal bid to Keathly’s Nursery, Ponca City, OK, in the amount of $33,750.00 as the lowest and best bid and be funded from the Beautification Capital.
Motion carried 6-0.
AYE: Peterson, Holt, Stephens, O’Neal, Mills, Young
NAY: None
b. Westech Road Widening Project (Award)
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to award Westech Road Widening Project bid to Tom Hudson Paving Company, Guthrie, OK., in the amount of $548,837.50 with $550,000.00 to be paid by Sac & Fox Nation and the City of Shawnee paying $17,476.46. Motion carried 6-0.
c. Municipal Auditorium Fire Sprinkler and Alarm System (Award)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to award the Municipal Auditorium Fire Sprinkler and Alarm System bid to Superior Fire Protection in the amount of $148,944.00. Motion carried 6-0.
The Retail Coach Proposal A $50,000.00
Tupelo, MS Proposal B $40,000.00
The Buxton Co. $70,000.00 +
Fort Worth, TX
Chesapeake Group Inc. $42,000.00+
Baltimore, MD
A motion was made by Vice Mayor Peterson, seconded by Commissioner Young, to defer bids to staff for review and recommendation at the next city commission meeting. Motion carried 6-0.
AGENDA ITEM NO. 23: Appropriation of Beginning Fund Balance in the Capital Improvement Fund.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve Appropriation of Beginning Fund Balance in the Capital Improvement Fund. Motion carried 6-0.
AYE: Peterson, Holt, Stephens, O’Neal, Mills, Young
NAY: None
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
There were no Administrative Reports,
AGENDA ITEM NO. 26: Commissioners Comments
Under Commissioner Comments, Mayor Mills announced the Grand Opening for ROSS will be at 9:30 a.m. Friday, and that March 27 will be Arbor Tree Planting Day.
Vice-Mayor Peterson expressed concerns over the Fire Department moving funds from Maintenance to purchase equipment rather than taking the funds from Remodel projects. She did not want them to come back for more money for repairs due to a lack of maintenance. Vice-Mayor Peterson also reported there would be a meeting tomorrow with Tecumseh on the water issues. Discussion is going well and they may have something to bring back in 60 days.
Commissioner Stephens reported that Commissioner Young, Commissioner O’Neal, and she had attended the Downtown Shawnee Banquet and the City of Shawnee received an award for their participation and support of Downtown Shawnee. The Lt. Governor was key-note speaker and the banquet was very nice.
Commissioner Young reminded everyone that this is Read Across America Week. He also stated that there will be a Dunbar Heights meeting on Thursday, March 6 at 6:00 p.m. to discuss neighborhood watch. He had questions about requirements for outside food vendors at special events and was advised the vendors should check with the Fire Marshall’s office.
Commissioner O’Neal has been receiving calls about the local cable company. When people have problems they cannot get through to the company on the telephone. She was advised that we do not have any control over the cable company since it is a private business. Also, she is very glad about the Municipal Pool being kept and is grateful to staff for the work being done.
AGENDA ITEM NO. 27: Adjournment
There being no further business to be considered, a motion was made by Commissioner Young, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 6-0. (9:40 p.m.)
DONNA MAYO, DEPUTY CLERK FOR
PHYLLIS LOFTIS, CITY CLERK
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