Date: 7/19/2004Board: City CommissionDocumentType: MinutesWeb Posted: 8/30/2004 1:29:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

JULY 19, 2004 AT 5:30 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, July 19, 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

Marva O’Neal David Hadley MD
Commissioner Ward 3 Commissioner Ward 4

Bob Downing
Commissioner Ward 6

ABSENT: Linda Peterson
Commissioner Ward 5-Vice Mayor

INVOCATION Reverend Larry D. Sparks
Chaplain, Unity Health Center

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Minutes of the June 25, June 26, June 28 and July 6, 2004 meetings.

b. Budget amendments in 1999 CDBG Entitlement Grant Fund, 2001 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund, 2003 CDBG Entitlement Grant Fund, and 2002 HOME Grant Fund.

c. Acknowledge the following reports and minutes:

 Sales Tax Report through July, 2004

 Utility Division Report for the month of June, 2004

 City Clerk report for the month of June, 2004

 Warrant Officer activity report for the month of June, 2004

 Shawnee Community Center report from the month of June, 2004 and quarterly report for April, May, & June, 2004.

 Shawnee Public Library minutes from the April 13, 2004 meeting.

 Shawnee Urban Renewal Authority minutes from the June 22, 2004 meeting

 Planning Commission minutes from the June 2, 2004 meeting.

 Sister Cities Council minutes from the June 8, 2004 meeting

d. Lakesite Lease:

Renewals:

Lot 4, Bodkin Tract

Ronald Cook
P.O. Box 622
Shawnee, OK 74802-0622

Lot 12, Eckel Tract

Ray & Peggy Downey
P.O. Box 3068
Shawnee, OK 74802-3068

Transfer:

Lot 8, Eckel Tract

To: Henry & Bonnie Davis
4600 S. McKinley
Okla. City, OK 73109

From: Jeffry & Debra Wesley
10605 N.W. 41st
Yukon, OK

e. Approve mortgage of leasehold interest of Shawnee Lake Hart Tract, Lot 6 to First United Bank with reservation of city right of approval of transfer.

f. Acknowledge letter of resignation from Terry Compton as city treasurer/finance director.

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that Consent Agenda Item No. 1 (a-e), less (b), be approved as presented. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None

Commissioner Schrzan requested that item no. 1(b) be pulled for separate consideration.
After Planning Director Mike Southard explained about grant funds, a motion was made by Commissioner Schrzan, seconded by Commissioner

Hadley, that Consent Agenda Item No. 1 (b) be approved. Motion carried.
AYE: Schrzan, Hadley, Downing, Claybrook, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 2: City Manager’s Presentation to Employee of the Month (Mike Roberts – Warrant Officer).

Mayor Mills presented a plaque and gift certificate to Mike Roberts, Warrant Officer, as the July employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 3: Consider a resolution to Mark Ingersoll for his 38 years of service to City of Shawnee.

Resolution No. 6197 was introduced and the title read aloud.

Resolution No. 6197 entitled “A resolution expressing appreciation to William Mark Ingersoll for 38 years of loyal service to the City of Shawnee, Oklahoma; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said William Mark Ingersoll.

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None

Thereupon Mayor Mills declared Resolution No. 6197 duly passed and adopted.
AGENDA ITEM NO. 4: Presentation by Carrier Heat & Air regarding replacement of HVAC unit at Shawnee City Hall.

Carrier Heat & Air representatives Dennis Haywood and Steve Crabb presented the Commission with details of how the city could replace its current thirty-year-old heating and air conditioning units and finance a new HVAC system through Carrier’s Total Retrofit Solutions program based on operational savings without having to do a bond issue.
The Oklahoma Legislature passed House Bill 1869 about three years ago to allow state and municipal governments the authority to enter into such agreements with Carrier.
Mayor Mills asked Commissioners Tom Claybrook and Bob Downing about the Guernsey study done in 2002 which estimated replacement costs at approximately $500,000 at that time. Both Commissioners stated that an item was never presented to the Commission to vote on the recommendation of the Guernsey report.
It was the consensus of the Commission to go ahead and authorize Carrier to conduct the initial study of the city’s HVAC systems at no charge. This study would detail efficiencies and operational savings with a new system and assess whether the state program would work for the city.
AGENDA ITEM NO. 5: Consider action regarding replacement of HVAC unit at Shawnee City Hall.

A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, to proceed with the initial study regarding the HVAC

unit replacement for City Hall. Motion carried.
AYE: Downing, O’Neal, Mills, Hadley, Claybrook, Schrzan
NAY: None

AGENDA ITEM NO. 6: Public hearing and consider an ordinance closing the rights-of-way of streets and alleys in the Riverside Addition located north of Hardesty Road and west of Harrison Street. (Applicant: Citizen Potawatomi Nation)

Mayor Mills declared a public hearing in session to consider an ordinance closing the rights-of-way of streets and alleys in the Riverside Addition located north of Hardesty Road and west of Harrison Street.
Mayor Mills asked if any persons wished to appear in favor of or in protest of the closings request.
Mr. Charles Meloy, Director of Realty for the Citizen Potawatomi Nation, appeared in favor of the closings.
It was noted the Planning Commission had recommended approval and that no formal written protests had been filed.
After due and careful consideration, Ordinance No. 2170NS was introduced and the title read aloud.

Ordinance No. 2170NS entitled “An ordinance closing to public use the rights-of-way of streets and alleys in the Riverside Addition in the City of Shawnee, Oklahoma; specifically describing said location; and declaring an emergency.”

A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, that the Title and Sections 1 and 2 be approved. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley
NAY: None

A motion was made by Commissioner Downing, seconded by Commissioner O’Neal, that Section 3, the emergency clause, be approved. Motion failed.
AYE: Downing, O’Neal, Mills
NAY: Schrzan, Hadley, Claybrook

Thereupon Mayor Mills declared Ordinance No. 2170NS duly passed and adopted and effective thirty (30) days from this date.
AGENDA ITEM NO. 7: Consider recommendation from the Beautification Committee to direct staff to solicit Requests for Qualifications for a design professional to design a skate park located in the SE corner of Woodland Park.

Community Development Director Mike Southard explained needs and concerns regarding skate parks and available grants for funding such parks.
Liability has been a concern in other cities, but Mr. Southard said it is the same as at any city park.
Ms. Jessie Genn, a Shawnee Middle School teacher and several teenage “skateboarders” appeared in favor of the skate park.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, to accept the Beautification Committee’s recommendation to solicit Requests for Qualifications for a design professional to design a skate park located on a 10,000 square foot area in the SE corner of Woodland Park. Motion carried.
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Hadley
NAY: None
AGENDA ITEM NO. 8: Consider recommendation from the Beautification Committee to authorize staff to work with OBU and OG&E in preparing an application for 2004 transportation enhancement funds through the Oklahoma Department of Transportation.

A motion was made by Commissioner Hadley, seconded by Commissioner Downing, to accept the Beautification Committee’s recommendation to authorize staff to work with O.B.U. and OG&E in preparing an application for 2004 transportation enhancement funds through the Oklahoma Department of Transportation. Motion carried.
AYE: Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 9: Consider approval of 2004-2005 contract with International Association of Firefighters.

Fire Chief Jerry Bowers explained and summarized the differences in the 2004-2005 International Association of Firefighters contract. Due to the absence of Interim City Manager Terry Compton, the exact figures were not available.
A motion was made by Commissioner Hadley, seconded by Commissioner Schrzan, to defer this item to the next City Commission

meeting. Motion carried.
AYE: Hadley, Schrzan, O’Neal, Mills, Downing, Claybrook
NAY: None

AGENDA ITEM NO. 10: Discuss additional options regarding location of Regional Park/Sports Complex with further directions to staff.

Community Development Director Mike Southard spoke regarding the Regional Park/Sports Complex and locations for the complex.
Mr. Southard referenced the parcels of land previously considered and stated that the consultants on the project, Hornbeek-Larson, considered land north of I-40 and Kickapoo owned by the Commissioners of the Land Office to be their first location choice. At that time, Commissioners chose the North Airport site, four miles north of I-40 at Kickapoo and Hazel Del Road, because the city already owned the land.
Mayor Mills favored a change of location citing the difficulty of maintaining security at a remote location. He further stated that he felt a more visible location on I-40 would benefit the local economy through increased retail sales at the mall and area restaurants. Mayor Mills also stated that he felt the project should be built in phases, leaving room for future expansion.
A motion was made by Commissioner Hadley, seconded by Commissioner Schrzan, to authorize staff to pursue and negotiate a lease for a regional park/sports complex on land to the north of I-40 and Kickapoo, currently owned by the Commissioners of the Land Office. Motion carried.
AYE: Hadley, Schrzan, O’Neal, Mills, Claybrook
NAY: None
ABSTAIN: Downing

AGENDA ITEM NO. 11: Consider appointment of Diana Hallock, City Clerk, as acting city manager.

A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to appoint Diana Hallock, City Clerk, as Acting City Manager until new City Manager James Collard begins August 9, 2004. Motion carried.
AYE: Downing, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None

AGENDA ITEM NO. 12: Consider appointment of Rhonda Masquat as acting city treasurer/finance director.

A motion was made by Commissioner Claybrook, seconded by Commissioner O’Neal, to appoint Rhonda Masquat, Deputy City Treasurer, as Acting City Treasurer/Finance Director after the resignation of Terry Compton, City Treasurer/Finance Director and Interim City Manager, effective July 23rd. Motion carried.
AYE: Claybrook, O’Neal, Mills, Hadley, Downing, Schrzan
NAY: None

AGENDA ITEM NO. 13: 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. 14: Administrative Reports.

City Attorney John Canavan informed the Commission that Senate Bill 1346 was passed recently regarding municipal elections to mirror state elections.
He advised that ordinances would be prepared for the city charter changes to be put on the November ballot.
Public Works Director James Cole reported the water level at the lakes is still declining and that the Engineering Department has begun a mapping procedure that will take approximately six weeks.
City Engineer John Krywicki reported on the Kickapoo Bridge.
AGENDA ITEM NO. 15: Citizens Participation. (A five minute limit per person) (A fifteen-minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 16: Commissioners Comments.

Under Commissioners Comments, Commissioner O’Neal asked about tall grass and weeds on Farrall Street but the area is State owned and mowed by a state contractor.
AGENDA ITEM NO. 17: 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. (7:41 p.m.)
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Claybrook
NAY: None

_________________________
MAYOR


(SEAL)
ATTEST:


_____________________________
CITY CLERK
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