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, October 18, 2004 at 5:30 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
Tom Claybrook Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
INVOCATION Reverend Mike McCauley
Northeast Freewill Baptist Church
FLAG SALUTE Mayor Mills
AGENDA ITEM NO. 1: 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. 9.
b. Minutes of the October 4, 2004 meeting.
c. Budget amendment for June 30, 2004, to appropriate actual revenue and expenses for the fiscal year July 1, 2003 to June 30, 2004 for the Shawnee Civic and Cultural Development Authority.
d. Budget amendment for fiscal year July 1, 2004 to June 30, 2005 for the estimated revenue and expenses to implement a working budget not previously approved by the City Commission.
e. Budget amendment for fiscal year July 2, 2004 to June 30, 2005 to appropriate estimated revenue and expenses for Airport Security Fencing Grant from Federal Aviation Administration.
f. Acknowledge the following reports and minutes:
* Sales Tax Report through October, 2004
* Utility Division Report for the month of September, 2004
* City Clerk report for the month of September, 2004
* Shawnee Community Center report for the month of September, 2004 and quarterly report for the months of July, August and September, 2004.
* Sister Cities Council minutes from the September 14, 2004 meeting
* Planning Commission minutes from the September 1 and September 15, 2004 meetings.
* Shawnee Beautification Committee minutes from the August 2, 2004 meeting.
* Traffic and Transportation Commission minutes from the July 27, 2004 meeting.
g. Lakesite Lease Renewals:
Lot 7, Coffman Tract
Marion Brooks, Jr.
4724 Lisa Lane
Del City, OK 73115
Lot G, South School Tract
Charles B. & Julie Akerman
33705 Belcher Road
Shawnee, OK 74801
h. Acknowledge annual audit of Pioneer Library System for fiscal year ending June 30, 2004.
i. Acknowledge Jean McDonald’s letter of resignation as a Trustee of the Civic and Cultural Development Authority board.
j. Acknowledge J. Michael Adcock’s letter of resignation from the Shawnee Airport Advisory board.
k. Approve renewal of agreement with Housing Authority to provide supplemental police services.
l. Acknowledge letter from the Payne County Drug Court expressing appreciation to Cpl. Brycen Mohr for his assistance in locating one of their clients.
m. Recommendations from the Traffic and Transportation Commission:
1) Request from Kelley Ramirez, 2609 N. Bell to install 4-way stop sign at the intersection of Bell and Chicago Streets.
Recommendation: To approve request
2) Request from John Holt, 126 E. Pulaski, to install east and west bound stop signs at Union and 45th Streets.
Recommendation: To approve request and to lower the speed limit to 35 m.p.h. on 45th Street from Kickapoo to Harrison.
3) Request from Michelene Porter, 104 W. Emmett, to lower speed limit on Market Street at Wilson School to 15 m.p.h. and add school speed limit signs on Emmett and Cammack Streets.
Recommendation: To lower speed to 15 m.p.h. and install speed limit sign on Market for school zone.
4) Request from Linda Painter, 137 S. Osage, to install “Children at Play” signs in the 100 block of South Osage.
Recommendation: To deny request.
5) Request from Justin Gaines, 722 W. Wood, to install “Children at Play” signs in the 700 block of West Wood.
Recommendation: To deny request.
6) Request from Marilyn Bradford, to install “No Left Turn” signs for north and south bound traffic between 7:00 a.m. to 8:30 a.m. and 2:30 p.m. to 3:30 p.m. weekdays at Union and MacArthur Streets.
Recommendation: To deny request. Recommended education be provided to parents and school bus drivers for better traffic movement. Also recommended Shawnee Police Department step up enforcement in all school zones.
7) Request from Sonja Bull, 120 W. Drummond, to install “Child at Play” signs at 120 W. Drummond.
Recommendation: To deny request.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, that Agenda Item No. 1 (a-m), inclusive, be approved as presented. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentation.
Mayor Mills issued the following proclamation:
“75th Annual National Business Women’s Week”
October 17 – 23, 2004
(accepted by Barbara White, Shirley Madden and Jerry Jones)
Resolutions of Appreciation were issued to Acting Police Chief Conny Clay, Interim City Treasurer Rhonda Masquat, City Clerk Diana Hallock, and former City Treasurer/Finance Director Terry Compton.
Resolution No. 6207 entitled “A resolution recognizing Conny Clay for his service and leadership during a time of transition within the City of Shawnee; extending to Conny Clay the sincere appreciation of the City of Shawnee; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy of this resolution be presented to the said Conny Clay.”
Resolution No. 6208 entitled “A resolution recognizing Rhonda Masquat for her service and leadership during a time of transition within the City of Shawnee; extending to Rhonda Masquat the sincere appreciation of the City of Shawnee; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy of this resolution be presented to the said Rhonda Masquat.”
Resolution No. 6209 entitled “A resolution recognizing Diana Hallock for her service and leadership during a time of transition within the City of Shawnee; extending to Diana Hallock the sincere appreciation of the City of Shawnee; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy of this resolution be presented to the said Diana Hallock.”
Resolution No. 6210 entitled “A resolution recognizing Terry Compton for his service and leadership during a time of transition within the City of Shawnee; extending to Terry Compton the sincere appreciation of the City of Shawnee; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy of this resolution be presented to the said Terry Compton.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to approve Resolution Nos. 6207, 6208, 6209, and 6210. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
Thereupon Mayor Mills declared Resolution Nos. 6207, 6208, 6209, and 6210 duly passed and adopted.
All recipients accepted their resolutions and Mrs. Sherri Compton accepted on behalf of Terry Compton.
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month (David Talton – Customer Service/Line Maintenance).
City Manager Jim Collard advised the Commission that due to Mr. Talton working this evening, recognition of Mr. Talton would be deferred to the next meeting.
AGENDA ITEM NO. 4: Public hearing and consider an ordinance rezoning property located at 4821 N. Union from A-1; Agricultural District to C-3; Automotive and Commercial Recreation District for proposed retail use. (Applicant: Nadine Collins).
Mayor Mills declared a public hearing in session to consider an ordinance rezoning property located at 4821 North Union for proposed retail use.
It was noted the Planning Commission had recommended approval of the application and there were no formal protests filed with the City Clerk.
Mayor Mills asked if any persons wished to appear in favor of or in protest of said rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2140NS was introduced and the title read aloud.
Ordinance No. 2140NS 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, to-wit: A tract of land described as beginning at a point 369 feet north of the Southwest Corner of the Northwest Quarter of the Southeast Quarter (NW/4 SE/4) of Section 31, Township 11 North, Range 4 east; thence north 315 feet; thence east 315 feet; thence south 315 feet; thence west 315 feet to the point of beginning, rezoning said property from A-1; Agricultural 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 Downing, seconded by Commissioner Hadley, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2140NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider establishing policy for supplying of sewer disposal services to entities outside city limits.
City Manager Jim Collard explained to the Commission a need to establish a water and sewer disposal policy that could be fairly and consistently used for supplying water and sewer disposal services to entities outside city limits upon request.
Mr. John Krywicki, City Engineer, explained that if utilities are extended to developments outside the city limits, staff recommends that the developers of those improvements enter into a “consent to annex” agreement with the City in the event the City decides to annex the area. All improvements (i.e. water lines, sanitary sewer, paving and drainage improvements) should be constructed to City standards. Utility lines and other improvements should be maintained by the developer/owner until such time that the City agrees to accept the improvements as public.
An impact fee policy should be developed for all sewer and water extensions in order to fund future capital expense of expanding the treatment plants. For services extended outside city limits, the impact fee could be higher than those required of developments in the City.
The City should require all public facilities outside city limits that are connected to the City’s utility systems be built to current State building and fire codes.
He also stated that any inspections and engineering services provided by the City would be reimbursed 100 percent.
City Manager Jim Collard added that the tie-ins to City facilities would be on a case-by-case basis.
The Commission discussed the pros and cons of a water and sewer services policy, with Commissioner Claybrook opposed to selling City services outside the city limits because long-term benefits for the citizens were not evident. Mayor Mills and Commissioner Hadley expressed the importance of being prepared for future economic growth and development.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to approve establishing a policy for supplying water and sewer disposal services to entities outside city limits. Motion carried.
AYE: Downing, Hadley, Peterson, Schrzan, O’Neal, Mills
NAY: Claybrook
AGENDA ITEM NO. 6: Consider authorizing staff to negotiate contract with Absentee Shawnee Tribe for the supplying of sewer disposal service to the tribe’s casino in Earlsboro.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, to defer consideration of contract agreement with the Absentee Shawnee Tribe until a policy for water and sanitary sewer services with entities outside the city limits has been presented by staff. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 7: Consider approval of purchase of GASB 34 Accounting Software – Reporting Module in the amount of $15,204.00 from INCODE SYSTEMS, a sole source provider.
Systems Administrator Steve Nolen presented his recommendations for purchasing the GASB34 report writing module from INCODE.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the purchase of GASB 34 Accounting Software – Reporting Module in the amount of $15,204.00 from INCODE SYSTEMS, a sole source provider. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 8: Consider approval of purchase of Human Resources Module for the amount of $18,762.00 from INCODE SYSTEMS, a sole source provider.
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, to approve the purchase of Human Resources Module for the amount of $18,762.00 from INCODE SYSTEMS, a sole source provider. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 9: Consider bids for Eastside Sidewalk Improvement Project. (Open)
The following bids were opened and read into record.
BIDDER AMOUNT
Lopp Company $86,982.50
Stillwater, OK
APAC-Oklahoma $115,762.50
Tulsa, OK
Jim Mayes Co., Inc. $94,624.00
Norman, OK
Westchester Development Co. $87,035.00
Shawnee, OK
Wade Construction $89,961.00
Wellston, OK
Chambers Golf Construction LLC $89,217.44
Purcell, OK
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the bids for the Eastside Sidewalk Improvement Project be deferred to staff for review and recommendation at the next meeting. Motion carried.
AYE: Claybrook, Peterson, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 10: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business to be considered.
AGENDA ITEM NO. 11: Administrative Reports.
Under Administrative Reports, the following reports were given:
Public Works Director James Cole reported on 1) modifications to the timing of the I-40 and Harrison signal lights were made and considered a success by allowing improved flow of traffic; 2) Shawnee has been awarded the “Overall Excellence Award” from the Oklahoma Good Roads & Transportation Association for the last fiscal year; and 3) lake update.
City Engineer John Krywicki reported on 1) Kickapoo Street bridge near the Shawnee Mall could be opened by the end of next week; 2) Benedict Street repairs; 3) Highland Street repairs; and 4) the 5-laning of Kickapoo Street and I-40.
He also noted ODOT has directed the consultant, Guernsey & Associates, to complete the MacArthur plans, then schedule a meeting with City staff.
AGENDA ITEM NO. 12: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO.13: Commissioners Comments.
Under Commissioners Comments, Mayor Mills noted that it had been rumored that TDK was closing down, and Mr. Ron Stravlo, TDK Vice President, informed him that the rumor was not true.
Commissioner O’Neal acknowledged two people in the audience, Mr. Reverend Scott and Ms. Cook, who were supporters of the Dunbar Height Group in its efforts for improvements to south Shawnee.
AGENDA ITEM NO. 14: Adjournment.
There being no further business to come before the meeting, a motion
was made by Commissioner Downing, seconded by Commissioner Schrzan, that the meeting be adjourned. Motion carried. (6:41 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
_________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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