BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 17, 2013 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, June 17, 2013 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.
Wes Mainord
Mayor
Absent Linda Agee
Commissioner Ward 1 Commissioner Ward 2
James Harrod Absent
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Pam Stephens, Keith Hall, Steve Smith
INVOCATION Lord’s Prayer led by Mayor Mainord
FLAG SALUTE Led by Commissioner Agee
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 4-0.
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. 21.
b. Minutes from the June 3, 2013 regular meeting rescheduled for June 10, 2013
c. Budget Amendments – to adjust revenue to be in line for year end
Fund 113 $ 773
Fund 112 $105,000
Fund 108 $ 20,000
Fund 107 $ 20,000
Fund 106 $200,000
Fund 104 $ 25,000
Fund 102 $ 40,500
Budget Amendment – to transfer money to Street and Alley Fund to get it out of a negative fund balance
General Fund $175,000
Budget Amendment – to adjust budget for overruns in the individual departments
General Fund $154,350
d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Leslyie Javonna Stewart.
e. Acknowledge Oklahoma Municipal Retirement Fund normal Retirement for Cindy Gibson.
f. Acknowledge the following minutes and reports:
• Planning Commission minutes from May 1, 2013
• License Payment Report for May 2013
• Project Payment Report for May 2013
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Consent Agenda Item Nos. a-f. Motion carried 4-0.
Mayor Mainord encouraged everyone to attend the Glory Daze event on June 29, 2013.
Commissioner Agee gave the website for the Oklahoma Tree Bank www.treebank.org. This organization is raising funds to help communities that lost trees in the recent tornados.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 5: Presentation of Employee of the Month by Brian McDougal, City Manager to Cheyenne Lincoln, Customer Service.
This item will be continued to the July 1, 2013 meeting
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (6:35p.m.)
COMMISSIONER SMITH ARRIVES AT 6:40 P.M.
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:30 p.m.)
AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance rezoning property located at East MacArthur West of North Bryan from A-1; Agricultural to R-1; Single Family Residence. Case #P04-13 Applicant: Greg Brown Homes, LLC
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at East MacArthur, West of North Bryan from A-1; Agricultural to R-1; Single Family Residential. Community Development Director Justin Erickson gave the staff report. Mr. James Brand, whose property abuts the property in question appeared and spoke against the requested rezoning. No one appeared to speak in favor of said rezoning and the public hearing was closed. It was noted that the Planning Commission recommended approval of this application.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve ordinance rezoning property located at East MacArthur West of North Bryan from A-1; Agricultural to R-1; Single Family Residence.
Ordinance No. 2503NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: A TRACT OF LAND SITUATED WITHIN A PORTION OF THE NORTHEAST QUARTER (NE/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE/4); THENCE S89°11'24"W ALONG THE NORTH LINE OF SAID NE/4 A DISTANCE OF 448.57 FEET TO THE POINT OF BEGINNING; THENCE S00º03'42"E A DISTANCE OF 874.34 FEET; THENCE S88°53'29"W A DISTANCE OF 176.08 FEET; THENCE S00º34’42"E A DISTANCE OF 414.88 FEET; THENCE S89°11'29"W A DISTANCE OF 423.26 FEET; THENCE S00º34'42"E A DISTANCE OF 60.04 FEET; THENCE S89°11'29"W A DISTANCE OF 158.70 FEET TO A POINT ON THE APPARENT EAST RIGHT-OF-WAY LINE OF EXISTING 60' PIPELINE EASEMENT; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N19°45'52"WA DISTANCE OF 1146.79 FEET; THENCE N88°55'43"E A DISTANCE OF 263.44 FEET; THENCE N01°30'45"E A DISTANCE OF 264.56 FEET TO A POINT ON SAID NORTH LINE OF THE NE/4; THENCE N89°11'24"E ALONG SAID NORTH LINE A DISTANCE OF 861.83 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-1; SINGLE FAMILY RESIDENTIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Ordinance No. 2503NS was adopted by the City Commission.
AGENDA ITEM NO. 7: Consideration of approval of a preliminary plat for Wyndemere Addition located at East MacArthur, West of North Bryan.
Case #S05-13 Applicant: Greg Brown Homes, LLC
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve the preliminary plat for Wyndemere Addition located at East MacArthur, West of North Bryan with the following variations and modifications and conditions:
Variations and Modifications
1. A variance of 100 feet to allow the cul-de-sac on Regency Court to terminate at the western property line instead of the specified code standard requiring the cul-de-sac to be 100 feet away from adjoining property lines.
2. A variance of 134 feet for Woodlawn Court to allow a cul-de-sac to be longer than the specified code standard of 500 feet.
Conditions
1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. A six-foot sidewalk shall be installed along MacArthur Street prior to recording of the Final Plat- Phase I unless plat improvements are otherwise bonded.
4. Common Area "A" and "B" shall be maintained by the developer or homeowner's association.
AGENDA ITEM NO. 8: Public hearing and consideration of an ordinance rezoning property located at the Southwest Corner of Bryan and Bradley from A-1; Agricultural to R-1; Single Family Residential. Case #P06-13 Applicant: Vialo Weis, Jr, Oklahoma Conference Corp of Seventh-Day Adventists
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located at the Southwest Corner of Bryan and Bradley from A-1; Agricultural to R-1; Single Family Residential. Community Development Director Justin Erickson gave the staff report. Mr. Jerry States appeared in favor of the rezoning. He is the pastor of the Seventh-Day Adventists church and they are planning to build a new church at this location. No one appeared against said rezoning and the public hearing was closed. It was noted that the Planning Commission recommended approval of this application.
A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to approve ordinance rezoning property located at the Southwest Corner of Bryan and Bradley from A-1; Agricultural to R-1; Single Family Residential.
Ordinance No. 2504NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: THE NORTH TWENTY (20) FEET OF THE EAST FIVE HUNDRED SIXTY (560) FEET OF LOT FIFTEEN (15) AND THE EAST FIVE HUNDRED SIXTY (560) FEET OF LOT SIXTEEN (16), BRADLEY'S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF , REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO R-1; SINGLE FAMILY RESIDENTIAL AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Motion carried 5-0.
AYE: Agee, Harrod, Mainord, Winterringer, Smith
NAY: None
Ordinance No. 2504NS was adopted by the City Commission.
AGENDA ITEM NO. 9: Public hearing and consideration of an ordinance with a conditional use permit for property located at 14702 Patterson Road, changing zoning from A-1; Agricultural to A-1P; Agricultural with a Conditional Use Permit. Case #P07-13 Applicant: Kim Blakley
Mayor Mainord declared a public hearing in session to consider an ordinance with a conditional use permit for property located at 14702 Patterson Road, changing zoning from A-1; Agricultural to A-1P; Agricultural with a Conditional Use Permit. Mr. Justin Erickson gave the staff report. No one appeared in favor or against said rezoning and the public hearing was closed. It was noted that the Planning Commission recommended approval of this application.
A motion was made by Commissioner Agee, seconded by Commissioner Smith, to approve the ordinance with a conditional use permit for property located at 14702 Patterson Road, changing zoning from A-1; Agricultural to A-1P; Agricultural with a Conditional Use Permit with the following conditions:
1. The manufactured home must meet the following setback requirements for the A-1 Zone.
2. The home must be the proposed home shown in the packet or no older than ten (10) years old.
Ordinance No. 2505NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 NE/4 SE/4) OF SECTION NINE (9), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1: AGRICULTURAL WITH A CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Ordinance No. 2505NS was adopted by the City Commission.
AGENDA ITEM NO. 10: Public hearing and consideration of an ordinance rezoning property located on Main Street between Minnesota and McKinley from I-2; Light Industrial and C-3; Automotive, Commercial and Recreation to C-4; Central Business (Downtown). Case #P08-13 Applicant: City of Shawnee
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning property located on Main Street between Minnesota and McKinley from I-2; Light Industrial and C-3; Automotive, Commercial and Recreation to C-4; Central Business (Downtown). Community Development Director Justin Erickson gave the staff report. No one appeared in favor or against said rezoning and the public hearing was closed.
A motion was made by Commissioner Smith, seconded by Commissioner Agee, to approve ordinance rezoning property located on Main Street between Minnesota and McKinley from I-2; Light Industrial and C-3; Automotive, Commercial and Recreation to C-4; Central Business (Downtown).
Ordinance No. 2506NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: LOTS 12 THRU 17, BLOCK 19, CHOCTAW ADDITION AND BEGINNING AT THE NORTHEAST CORNER OF LOT 4, BLOCK 10, BEARD'S ADDITION; THENCE WEST TO THE EAST LINE OF THE A.T.&S.F. RAILROAD RIGHT-OF WAY; THENCE SOUTHEASTERLY 31.78 FEET SOUTH OF NORTH LINE OF LOT 4; THENCE EAST TO EAST LINE OF LOT 4; THENCE N 31.78 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE SOUTHWEST CORNER OF LOT 6; THENCE NORTH 97.28 FEET; THENCE EAST 23.56 FEET; THENCE SOUTH 97.07 FEET; THENCE WEST 23.89 FEET TO THE POINT OF BEGINNING AND ALL LOTS 7 THRU 9 AND WEST 24 FEET OF LOT 10, BLOCK 11, BEARD'S ADDITION AND LOTS 1 AND 2 AND LOTS 4 THRU 9, BLOCK 2, AND LOTS 5 & 6, BLOCK 3 AND LOTS 1 THRU 6, BLOCK 4, AMENDED PLAT OF BLOCK 14 AND PART OF BLOCK "C" BEARD'S ADDITION, ALL TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM I-2; LIGHT INDUSTRIAL AND C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION TO C-4; CENTRAL BUSINESS (DOWNTOWN) AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Ordinance No. 2506NS was adopted by the City Commission.
AGENDA ITEM NO. 11: Public hearing and consideration of a resolution adopting the budget for the City of Shawnee for the period of July 1, 2013 through June 30, 2014 finding all things requisite and necessary have been done in preparation and presentation of budget.
Mayor Mainord declared a public hearing in session to consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2013 through June 30, 2014 finding all things requisite and necessary have been done in preparation and presentation of budget. Finance Director Cynthia Sementelli presented the final budget noting that merit raises have been added into the budget. No one appeared in favor or against said budget and the public hearing was closed.
Resolution No. 6448 was introduced.
A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2013 THROUGH JUNE 30, 2014 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve a resolution adopting the budget for the City of Shawnee for the period of July 1, 2013 through June 30, 2014 finding all things requisite and necessary have been done in preparation and presentation of budget. Motion carried 5-0.
AGENDA ITEM NO. 12: Discussion, consideration and possible action to enter into joinder agreements with Oklahoma Municipal Retirement Fund to establish a Defined Contribution Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Contribution Plan (CMO DH SI, CMO DH, DC) and joinder agreement with Oklahoma Municipal Retirement Fund to establish a Defined Benefit Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan (DB); and authorizing appropriate officials to execute such documents as may be necessary to complete the agreements.
Master Plan DB and DC
A motion was made by Mayor Mainord, seconded by Commissioner Agee, to approve the appropriate officials to enter into joinder agreements with Oklahoma Municipal Retirement Fund to establish a Defined Contribution Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Contribution Plan (CMO DH SI, CMO DH, DC) and joinder agreement with Oklahoma Municipal Retirement Fund to establish a Defined Benefit Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan (DB); and authorizing appropriate officials to execute such documents as may be necessary to complete the agreements. Motion carried 4-1.
AYE: Mainord, Agee, Winterringer, Smith
NAY: Harrod
AGENDA ITEM NO. 13: Discussion, consideration and possible action on an Ordinance adopting an Employee Retirement System, Defined Contribution plan for the position of Department Head or City Manager for the City of Shawnee, Oklahoma; and declaring an emergency. (CMO DH SI)
A motion was made by Commissioner Agee, seconded by Commissioner Winterringer, to approve an ordinance adopting an Employee Retirement System, Defined Contribution plan for the position of Department Head or City Manager for the City of Shawnee, Oklahoma; and declaring an emergency. (CMO DH SI)
Ordinance No. 2507NS was introduced.
AN ORDINANCE ADOPTING AN EMPLOYEE RETIREMENT SYSTEM, DEFINED CONTRIBUTION PLAN FOR THE POSITION OF DEPARTMENT HEAD OR CITY MANAGER FOR THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING FOR PURPOSE AND ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ELIGIBILITY AND PARTICIPATION; PROVIDING FOR EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR ACCOUNTING, ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR TRANSFER TO AND FROM OTHER PLANS; CREATING A COMMITTEE AND PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF COMMITTEE; PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION, MANAGEMENT, AND INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; PROVIDING FOR NON-ALIENATION OF BENEFITS AND LOSS OF BENEFITS FOR CAUSE; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.
Ordinance No. 2507NS was adopted by the City Commission.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2507NS. Motion carried 5-0.
AGENDA ITEM NO. 14: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined contribution plan for the position of department head or city manager for the City of Shawnee, Oklahoma; and declaring an emergency. (CMO DH)
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve an ordinance amending the employee retirement system, defined contribution plan for the position of department head or city manager for the City of Shawnee, Oklahoma; and declaring an emergency. (CMO DH)
Ordinance No. 2508NS was introduced.
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED CONTRIBUTION PLAN FOR THE POSITION OF DEPARTMENT HEAD OR CITY MANAGER FOR THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF THE CITY OF SHAWNEE, OKLAHOMA; PERTAINING TO DEFINITION OF COMPENSATION; PERTAINING TO PLAN DESIGN; PERTAINING TO ALLOCATION OF FORFEITURES; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.
Ordinance No. 2508NS was adopted by the City Commission.
*Commissioner Harrod inadvertently voted in favor of this ordinance and announced after roll call that he voted in error. This event does not change the outcome regarding the passage of the ordinance.
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve emergency clause relating to Ordinance No. 2508NS. Motion carried 5-0.
AGENDA ITEM NO. 15: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined benefit plan for City of Shawnee, Oklahoma; and declaring an emergency. (DB)
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve an ordinance amending the employee retirement system, defined benefit plan for City of Shawnee, Oklahoma; and declaring an emergency. (DB)
Ordinance No. 2509NS was introduced.
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN FOR CITY OF SHAWNEE, OKLAHOMA; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF CITY OF SHAWNEE, OKLAHOMA; PERTAINING TO DEFINITION OF EMPLOYEE; PERTAINING TO ELIGIBILITY; PROVIDING FOR EMPLOYER PICKUP OF MANDATORY CONTRIBUTIONS; PERTAINING TO SERVICE BUYBACK; PROVIDING FOR CESSATION OF BENEFIT ACCRUALS; PROVIDING FOR LIMITATION OF AVERAGE MONTHLY COMPENSATION UNDER RETIREMENT PLAN; PROVIDING FOR CONTRIBUTIONS BY EMPLOYEES; PERTAINING TO THE COST-OF-LIVING OPTION; PERTAINING TO THE DEFINED CONTRIBUTION OPTION; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.
Ordinance No. 2509NS was adopted by the City Commission.
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to approve emergency clause relating to Ordinance No. 2509NS. Motion carried 5-0.
AGENDA ITEM NO. 16: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined contribution plan for the City of Shawnee, Oklahoma; and declaring an emergency. (DC)
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve an ordinance amending the employee retirement system, defined contribution plan for the City of Shawnee, Oklahoma; and declaring an emergency. (DC)
Ordinance No. 2510NS was introduced.
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED CONTRIBUTION PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF THE CITY OF SHAWNEE, OKLAHOMA; PERTAINING TO DEFINITION OF EMPLOYEE; PERTAINING TO THE DEFINITION OF COMPENSATION; PERTAINING TO PLAN DESIGN; PERTAINING TO ALLOCATION OF FORFEITURES; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.
Ordinance No. 2510NS was adopted by the City Commission.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2510NS. Motion carried 5-0.
AGENDA ITEM NO. 17: Consider a resolution authorizing approval of an Engineering Agreement between ODOT and the COS for engineering and design services for the Kickapoo Paving Project from the Spur to Farrall.
Resolution No. 6449 was introduced.
BE IT RESOLVED BY THE CITY OF SHAWNEE, OKLAHOMA THAT IN THE BEST INTEREST OF THE CITY OF SHAWNEE, OKLAHOMA, WE ENTER INTO AN AGREEMENT WITH THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR A FEASIBILITY STUDY ON KICKAPOO AVENUE FROM KICKAPOO SPUR TO FARRALL AVENUE.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve a resolution authorizing approval of an Engineering Agreement between Oklahoma Department of Transportation and the City of Shawnee for engineering and design services for the Kickapoo Paving Project from the Spur to Farrall. Motion carried 5-0.
AGENDA ITEM NO. 18: Consider a resolution of support for the Absentee Shawnee Housing Authority for low income housing tax credits.
Community Development Director Justin Erickson gave a staff report regarding this resolution. He noted that the housing complex would include a storm shelter and walking tracks.
Resolution No. 6450 was introduced.
A RESOLUTION OF SUPPORT FOR ECONOMIC DEVELOPMENT AND AFFORDABLE HOUSING FOR THE BENEFIT OF CITIZENS OF SHAWNEE, OKLAHOMA; AND SUPPORT OF AN AWARD OF LOW INCOME HOUSING TAX CREDITS FOR CONSTRUCTION OF AFFORDABLE HOUSING DEVELOPMENT IN THE CITY OF SHAWNEE, OKLAHOMA.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve a resolution of support for the Absentee Shawnee Housing Authority for low income housing tax credits. Motion carried 5-0.
AGENDA ITEM NO. 19: Acknowledge Sales Tax Report received June 2013.
Cynthia Sementelli, Finance Director, stated that the June Sales receipts were up $34,941 this month or 2.72% compared to last year actual for the same time frame. June Sales tax amount received plus interest was $1,319,813 which accumulatively for the fiscal year we are up $478,039 or 2.90%.
AGENDA ITEM NO. 20: City Manager Report
City Manager Brian McDougal reported to the Commission on the following items:
• A visit needs to be scheduled at the City of Lawton to review their 911 Center.
• Shawnee Economic Development Foundation will meet with the National Guard on June 20, 2013 at 9:00 a.m.
• Staff has been meeting with the City’s financial advisors and there has been discussion regarding separating the financing for the pool and tower projects.
• Glory Daze Celebration was given a $20,000 budget from the City and John Ayers has additionally raised over $20,000.
• There has been discussion with Shawnee Public Schools representatives regarding funding for a new high school.
• Staff is looking at changes to the existing taxi-cab ordinance.
• A position was created and budgeted for the coming year for the issuance of business licenses.
• The City of Tecumseh will be off of Shawnee water by July 1, 2013.
AGENDA ITEM NO. 21: Consider Bids:
a. Emergency Cleanup of Storm Debris COS-EM-13-05 (Open and Award)
VENDOR Mobilization & Demobilization Lump Sum Removal of Burnable Debris per Cubic Yard Removal of Non-Burnable Debris per Cubic Yard Removal of Stumps 26-36 inches in Diameter per Each Removal of Stumps 37-48 inches in Diameter per Each Removal of Stumps 49 inches and greater in Diameter per Each
TFR Enterprises, Inc., Leander, TX $0.00 $5.98 x 701 = $4,191.98 $8.98 x 881 = $7,911.38 $100.00 $200.00 $300.00
Arbormasters Tree Service, Oklahoma City, OK $0.00 $9.50 x 701 = $6,659.50 $17.50 x 881 = $15,417.50 $500.00 $700.00 $900.00 (Trim trees 2" = $72.00)
R. Baker, Inc., Phil Campbell, AL $1.00 $4.95 x 701 = $3,469.95 $14.75 x 881 = $12,994.75 $100.00 $175.00 $200.00
Hensley R. Lee Contracting, Inc., Picayune, MS $18,000.00 $15.40 x 701 = $10,795.40 $15.40 x 881 = $13,567.40 $290.00 $440.00 $615.00
T.L. Wallace Construction, Columbia, MS $25,000.00 $18.00 x 701 = $12,618.00 $28.00 x 881 = $24,668.00 $75.00 $75.00 $100.00
Ceres Environmental Services, Inc., Houston, TX $0.00 $10.92 x 701 = $7,654.92 $15.90 x 881 = $14,007.90 $273.94 $488.94 $723.94
Kaiserkane, Inc., Tallahassee, FL $10,000.00 $8.91 x 701 = $6,245.91 $18.00 x 881 = $15,858.00 $100.00 $200.00 $400.00
Young's General Contracting, Inc., Poplar Bluff, MO $0.00 $7.68 x 701 = $5,383.68 $18.10 x 881 = $15,946.10 $16.25 $18.20 $21.80
D Beach Construction, LLC, Apache, OK $75,000.00 $27.00 x 701 = $18,927.00 $36.00 x 881 = $31,716.00 $325.00 $577.00 $827.00
DRC Emergency Services, LLC, Mobile, AL $0.00 $7.98 x 701 = $5,593.98 $13.86 x 881 = $12,210.66 $250.00 $400.00 $500.00
Emergency Management Director Don Lynch read the bids into the record and requested that the bid be awarded to TFR Enterprises, Inc. of Leander, Texas in the amount of $12,103.36, pending further review and check of references.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to TFR Enterprises, Inc. in the total amount of $12,103.36.
AGENDA ITEM NO. 22 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. 23: Administrative Reports, including but not limited to:
a. Status on Sidewalk Projects
City Engineer John Krywicki reported on existing sidewalks and provided Commissioners with a comprehensive list of sidewalks within the city limits. Each sidewalk is ranked according to its condition. Mr. Krywicki noted that while sidewalks in front of residences are the homeowners’ responsibility, if the City repairs the sidewalk a lien can be filed against the property. He also noted that staff has inspected handicapped sidewalk ramps at every intersection.
Community Development Director Justin Erickson reported positive news regarding new sidewalks. He gave examples such as the Airport Trails extension, the resurfacing of the Airport track and the Safe Routes to School sidewalk to Shawnee Middle School. He further noted all current projects such as the Main Street Streetscape and Kickapoo Street Widening project will have sidewalks constructed as well.
Fire Chief David Short spoke regarding his department’s responsibility to check storm shelters after a tornado. He stated that his department, working with the storm shelter list provided by Emergency Management, has a plan in place that will enable them to start checking shelters immediately after the storm.
AGENDA ITEM NO. 24: Adjournment
There being no further business to come before the meeting, a motion was made by Commissioner Winterringer, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 5-0. (9:05 p.m.)
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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