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, June 20, 2005 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 Vacant
Commissioner Ward 1 Commissioner Ward 4
Linda Peterson Bob Downing
Commissioner Ward 5-Vice Mayor Commissioner Ward 6
ABSENT:
Tom Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3
INVOCATION Reverend Leroy Kerbo
Oak Park Church of God
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. 16.
b. Minutes of the June 6, 2005 meeting
c. Budget amendments in General Fund, Police Sales Tax Fund, Fire Sales Tax Fund, Workers Comp Self-Insured Fund and Shawnee Municipal Authority.
d. Transfers of Appropriations in General Fund and Shawnee Municipal Authority.
e. Acknowledge the following reports and minutes:
* Sales Tax Report through June, 2005
* Shawnee Beautification Committee minutes from the May 2, 2005 meeting.
* Sister Cities Council minutes from the May 10, 2005 meeting.
* Shawnee Urban Renewal Authority minutes from the May 17, 2005 meeting.
f. Lakesite Lease Renewals:
Lot 14, Hart Tract
Glenda Haggy
Debbie Toeplitz
16405 Hart Road
Shawnee, OK 74801
Lot 12, South School Tract
Maryanne Shelley
11919 S. Bryant Lane
Guthrie, OK 73044
g. Acknowledge receipt of Tree City USA designation from the State of Oklahoma.
h. Approve agreement with Site Design Group, Inc. for skate park design.
i. Acknowledge Pioneer Library System Budget for FY 2005-2006.
j. Approve renewal of automobile fleet insurance with Rosebure, Bailey & Craig Insurance Company.
k. Mayor’s Appointments:
Shawnee Planning Commission
Reappoint Pat London to a term to expire 6/1/08
Reappoint Jimmy Nickles to a term to expire 6/1/08
Reappoint John Holt to a term to expire 6/1/08
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that Agenda Item No. 1 (a-k) be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Mills
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation.
Mayor Mills issued the following proclamation:
“Sister Cities 15th Anniversary”
June 23 – 27, 2005
(accepted by Sister Cities Fundraising Chair Ann Davis)
AGENDA ITEM NO. 3: City Manager’s Presentation to Employee of the Month. (Barry Poe)
City Manager Jim Collard presented a plaque and gift certificate to Mr. Barry Poe, Network Technician, as the June employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
The Commission now deviated from the formal agenda and heard Agenda Item Nos. 13 and 14.
AGENDA ITEM NO. 13: Consider an ordinance changing the Oklahoma Gas and Electric Company franchise election from September 13, 2005 to November 8, 2005.
City Attorney John Canavan reported that the reason OG&E requested to change its election date was because OG&E did not want to be on the same ballot with the state gasoline tax.
Ordinance No. 2206NS was introduced and the title read aloud.
Ordinance No. 2206NS entitled “An ordinance changing the date of the Oklahoma Gas and Electric Company franchise election from September 13, 2005 to November 8, 2005; amending Section 9 of Ordinance No. 2204NS; providing for severability and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, that the Title and Sections 1and 2 be approved. Motion carried.
AYE: Downing, Claybrook, Mills, Peterson
NAY: None
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that Section 3, the emergency clause, be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2206NS duly passed and adopted.
AGENDA ITEM NO. 14: Consider a resolution changing the special election call for the Oklahoma Gas and Electric Company franchise election from September 13, 2005 to November 8, 2005.
Resolution No. 6238 was introduced and the title read aloud.
Resolution No. 6238 entitled “A resolution changing the date for holding a special election for the electorate of the City of Shawnee, Oklahoma to consider approving a twenty-five (25) year non-exclusive franchise for Oklahoma Gas and Electric Company (OG&E); amending Section 1 of Resolution No. 6235 of the City of Shawnee.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Resolution be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Mills
NAY: None
Thereupon Mayor Mills declared Resolution No. 6238 duly passed and adopted.
The Commission now returned to the formal agenda.
AGENDA ITEM NO. 4: Consider an ordinance enhancing the city’s ability to enforce the collection of the occupancy surcharge.
City Attorney John Canavan explained that it was at the request of the Greater Shawnee Area Chamber of Commerce Convention and Visitor Bureau that the following ordinance and the next agenda item be considered. The intent was to make improvements on collection of occupancy surcharge.
Ordinance No. 2207NS was introduced and the title read aloud.
Ordinance No. 2207NS entitled “An ordinance relating to the ability of the City of Shawnee to enforce the collection of occupancy surcharge; creating new laws at Sections 25-233.1, 25-281 and 25-282, and repealing Section 25-273, all of Division 1, Article IV, of Chapter 25 of the Code of the City of Shawnee; giving the Treasurer authority to administer oaths and compel testimony; establishing the priority of the City surcharge lien and ability to collect that lien; repealing the discount provision of the Code in its entirety; providing for severability and declaring an emergency.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that the Title and Sections 1-5 be approved. Motion carried.
AYE: Peterson, Downing, Claybrook, Mills
NAY: None
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, that Section 6, the emergency clause be approved. Motion carried.
Thereupon Mayor Mills declared Ordinance No. 2207NS duly passed and adopted.
AGENDA ITEM NO. 5: Consider an ordinance to add a penalty on delinquent filing of returns and delinquent surcharges.
Ordinance No. 2208NS was introduced and the title read aloud.
Ordinance No. 2208NS entitled “An ordinance relating to the City of Shawnee occupancy surcharge; amending Section 25-279, Division 1, Article IV, of Chapter 25 of the Code of the City of Shawnee, Oklahoma; adding a penalty to delinquent filings of surcharge; providing for severability declaring an emergency.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Sections 1-2 be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Mills
NAY: None
It was noted that Section 3, the emergency clause, was not voted upon and the Treasurer’s Office will give notice.
Thereupon Mayor Mills declared Ordinance No. 2208NS duly passed and adopted.
AGENDA ITEM NO. 6: Discuss relationship between City and Shawnee Civic and Cultural Development Authority.
Mayor Mills opened the discussion explaining the City’s position and reiterating that accountability for public funds was the main priority and finding the best solution for all parties involved.
The Shawnee Civic and Cultural Development Authority (SCCDA) will be operating on a budget $100,000 less than previous years; receiving $500,000 instead of the $600,000 it was expecting from the City.
In discussion, City Attorney John Canavan enlightened the Commission on his discussions with Mike Clover, SCCDA’s attorney, and he informed that the Trust had major concerns about the Expo employees being transferred from the City to the Trust and the ramification of that change.
In further discussion about supplemental funding to the SCCDA budget, City Manager Jim Collard presented the possibility that $50,000 could be taken out of the carryover funds from the third penny capital improvement funds to be justified as spending for economic development.
Based upon discussion, an interlocal agreement would be redrafted to include items discussed, especially about the Expo employees staying under the auspices of the City; supplemental funding; and clarity of the separation between the two entities.
AGENDA ITEM NO. 7: Consider an agreement between the City of Shawnee and the Shawnee Civic and Cultural Development Authority reaffirming the separation of the two entities. (Deferred from 6/6/05)
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to defer this item to the August 15, 2005 City Commission meeting directing staff and the City Attorney to draft an interlocal agreement that will meet the needs of both parties to be presented for consideration. Motion carried.
AYE: Peterson, Downing, Claybrook, Mills
NAY: None
AGENDA ITEM NO. 8: Consider an ordinance regarding the care of the grounds and property at Fairview Cemetery.
Ordinance No. 2209NS was introduced and the title read aloud.
Ordinance No. 2209NS entitled “An ordinance relating to the grounds at Fairview Cemetery within the City of Shawnee, Oklahoma, by amending Section 10-7(b), care of grounds and property generally; amending 10-15(a), trees, shrubs and flowers; providing for severability.”
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, that the Title and Sections 1-3 be approved. Motion carried.
AYE: Claybrook, Peterson, Downing, Mills
NAY: None
There was no motion to approve Section 4, the emergency clause.
Thereupon Mayor Mills declared Ordinance No. 2209NS duly passed and adopted thirty (30) days from this date.
AGENDA ITEM NO. 9: Consider a Utility Relocation Contract with Oklahoma Department of Transportation to relocate water and sewer lines on Highway 18 from Westech Road to EW-108.
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to approve a utility relocation contract with Oklahoma Department of Transportation to relocate water and sewer lines on Highway 18 from Westech Road to EW-108. Motion carried.
AYE: Downing, Peterson, Claybrook, Mills
NAY: None
AGENDA ITEM NO. 10: Consider Jail Services Agreement with Pottawatomie County Public Safety Center Trust.
Police Chief Mike Chitwood requested that this item be deferred to the next meeting to allow staff time to review the agreement pertaining to a timing issue for incarceration of inmates.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to defer this item to the next City Commission meeting. Motion carried.
AYE: Downing, Claybrook, Mills, Peterson
NAY: None
AGENDA ITEM NO. 11: Consider and interview applicants for the Ward IV vacancy.
a. Jim Antosh, 2307 Robinwood Circle
b. Chris Harden, 1216 E. 9th
c. Reuben Peltier, 501 Pool Place
The Commission conducted interviews of the three candidates for the Ward IV Commission seat in the order listed above.
The applicants were given the opportunity to state why they wished to be a representative of Ward IV and the Commission asked questions of the applicants.
The interviews concluded and action was taken under the next item.
AGENDA ITEM NO. 12: Consider appointment of Commissioner for Ward IV vacancy.
The Commission took a poll on their first choice and Commissioner Claybrook’s choice was Jim Antosh, Mayor Mills’ choice was Rueben Peltier, and Vice Mayor Peterson and Commissioner Downing’s choice was Chris Harden.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Downing, to appoint Chris Harden as the Ward IV City Commissioner to be sworn in at the July 5, 2005 City Commission meeting. Motion carried.
AYE: Peterson, Downing, Claybrook, Mills
NAY: None
AGENDA ITEM NO. 15: Consider an ordinance calling for the holding of a special non-partisan general and general run-off election in the City of Shawnee, Oklahoma for the purpose of electing a candidate for the unexpired term of the office of City Commissioner of the fourth ward.
A motion was made by Commissioner Downing, seconded by Commissioner Claybrook, to approve the city attorney’s recommendation to defer action on this item, the ordinance calling for the election of a candidate for the un-expired term of office for Ward 4 City Commissioner, to the next City Commission meeting with correct dates. Motion carried.
AYE: Downing, Claybrook, Mills, Peterson
NAY: None
AGENDA ITEM NO. 16: Consider Bids.
a. Shawnee Regional Airport Pavement Repair Project (Open)
BIDDER AMOUNT
APAC-Oklahoma, Inc. $635,652.50
Tulsa, OK
Cherokee Builders, Inc. $313,334.00
Tulsa, OK
Blaco Construction, LLC $293,852.00
Oklahoma City, OK
Engineer’s Estimate $294,345.00
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Peterson, to defer awarding the bid on the Shawnee Regional Airport Pavement Repair Project to the next City Commission meeting to allow staff time to evaluate all bids. Motion carried.
AYE: Claybrook, Peterson, Downing, Mills
NAY: None
b. Articulating/Telescoping Aerial Device with Cab and Chassis (Open)
BIDDER AMOUNT
Terex Utilities South $91,954.00
North Little Rock, AR
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, to defer awarding the bid on the Articulating/Telescoping Aerial Device with Cab and Chassis to the next City Commission meeting to allow staff time to review all bids and report back with a recommendation. Motion carried.
AYE: Downing, Peterson, Claybrook, Mills
NAY: None
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 to be considered.
AGENDA ITEM NO. 18: Administrative Reports.
Under Administrative Reports, City Engineer John Krywicki reported on the following: 1) Red White & Blue Celebration at the Expo Center on Friday, July 1st with gates opening at 6:00 p.m. with a concert and fireworks at 9:45 p.m.; 2) Seneca Street project completed; 3) bridge on Wallace Street now open to traffic; sewer rehab project along Federal Street should be completed in four weeks; 4) water line project on MacArthur Street has been slow due to the contractor’s equipment problems; 5) staff to request to advertise the North Harrison Street Project.
City Manager Jim Collard reported that staff was recommending to open Shawnee Twin Lake No. 1 to swimming in designated areas and to fishing, but not open to recreational boating which includes jet skis.
The reason for opening was that the lake level is going back to the normal pool level.
The city manager asked the Commission to consider his suggestion for the agenda to place another item after the Call to Order for approving the agenda.
Community Development Director Mike Southard announced that a Skate Park meeting would be held on July 12 to discuss possible location and design of the skate park.
AGENDA ITEM NO. 19: Citizens Participation (A five minute limit per person) (A fifteen-minute limit per topic)
There were no Citizens Participation.
AGENDA ITEM NO. 20: Commissioners Comments.
The were no Commissioners Comments.
AGENDA ITEM NO. 21: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried. (7:28 p.m.)
AYE: Downing, Peterson, Claybrook, Mills
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
_____________________________
DIANA HALLOCK, CITY CLERK
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