The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Rescheduled Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Wednesday, February 18, 2004 at 7:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Vacant
Commissioner Ward 1 Commissioner Ward 2
James Harrod Linda Peterson
Commissioner Ward 3 Commissioner Ward 5
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT: Bob Weaver
Commissioner Ward 4
INVOCATION The Lord’s Prayer
Diana Hallock, City Clerk
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Minutes of the February 2, 2004 meeting.
b. Budget amendment in General Fund
c. Transfers of Appropriation in 2001 CDBG Entitlement Grant Fund, 2002 CDBG Entitlement Grant Fund, 2003 CDBG Entitlement Grant Fund, Shawnee Municipal Authority Fund, General Fund, Shawnee Airport Authority Fund.
d. Acknowledge the following reports and minutes:
Sales Tax Report through February, 2004.
Utility Division Report for the month of January, 2004
City Clerk report for the month of January, 2004
Warrant Officer activity report for the month of January, 2004
Shawnee Urban Renewal Authority minutes from the January 21, 2004 meeting
Planning Commission minutes from the January 21, 2004 meeting.
Sister Cities Council minutes from the January 13, 2004 meeting.
e. Lakesite Lease:
Renewal:
Lot 4, Damron Tract
Jack and Betty Moore
33803 Belcher Road
Shawnee, OK 74801
f. Acknowledge Raymond Belford’s letter of resignation from the Zoning Board of Adjustment.
g. Acknowledge declaration of gift of 2000 Jeep Cherokee from Kickapoo Tribe to Shawnee Police Department.
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Consent Agenda Item No. 1 (a-g) be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden
NAY: None
AGENDA ITEM NO. 2: City Manager’s Presentation of Employee of the Month.
Personnel Director Dave Chesher, on behalf of City Manager Terry Powell, presented a plaque and gift certificate to Ruthie Christian, Deputy Court Clerk, as the February employee of the month in recognition of her excellent and dedicated service to the City of Shawnee.
COMMISSIONER WEAVER NOW PRESENT AT 7:04 P.M.
AGENDA ITEM NO. 3: Mayor’s Presentation.
Mayor Harden presented the Class 5A State Champions Shawnee Wolves Football team a congratulatory resolution.
Resolution No. 6182 was introduced and read into record in its entirety.
Resolution No. 6182 entitled “A resolution recognizing the Shawnee Wolves Football team and congratulating them on their accomplishments as 2003 Class 5-A State football champions; 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 Shawnee Wolves football team.”
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the Title and Resolution No. 6182 be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden, Weaver
NAY: None
Accepting the Resolution was Shawnee Head Coach Brent Whitson, Lisa Whitson, his wife and Cheerleader Sponsor; and two football team starters Carter Whitson and Eric Combs. They received a resounding applause from the audience.
Next, add-on Resolution No. 6183 was introduced and read into record in its entirety.
Resolution No. 6133 entitled “A resolution expressing appreciation to Terry H. Powell for his 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 Terry H. Powell.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harrod, Harden
NAY: None
Mayor Harden presented the resolution to Terry H. Powell, as retiring City Manager.
The audience gave a standing ovation after Mr. Powell accepted the resolution.
Thereupon Mayor Harden declared Resolution Nos. 6182 and 6183 duly passed and adopted.
AGENDA ITEM NO. 4: Presentation of annual report of Shawnee Economic Development Foundation.
Mr. Bob Jones, Director of the Shawnee Economic Development Foundation, issued the Annual Report of Activities, January 1 – December 31, 2003.
He summarized the report covering economic development in the areas of expansion and retention of established industry, infrastructure development and improvements to commercial and industrial areas in Shawnee, marketing and recruitment of new business and industry, and support services.
Concluding, Mr. Jones thanked the City Commission for its pro-business position over the years and he expressed appreciation to City Manager Terry Powell for a 13 year working partnership in Shawnee’s efforts in economic development.
Mr. Jones noted that he would be retiring at the end of this month.
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 3601 N. Harrison from C-3; Automotive and Commercial Recreation District to C-3P; Automotive and Commercial Recreation District with Conditional Use Permit for use as a veterinary clinic with outdoor runs. (Applicant: Dr. Brad Roach) (Deferred from 2/2/04)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 3601 North Harrison for use as a veterinary clinic with outdoor runs.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning.
Ms. Bonnie Boone spoke in opposition of the rezoning. Also appearing in favor of his application was the applicant, Dr. Brad Roach. There being no others to appear the public hearing was closed.
After due and careful consideration, Ordinance No. 2136NS was introduced and the title read aloud.
Ordinance No. 2136NS entitled “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 One (1) and Two (2), Harrison Park Addition to the City of Shawnee, Pottawatomie County, Oklahoma, rezoning said property from C-3, Automotive and Commercial Recreation District, to C-3P, Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: None
ABSTAIN: Harrod (qualified vote as doing electrical work for Dr. Roach’s business)
Thereupon Mayor Harden declared Ordinance No. 2136NS duly passed and adopted.
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 227 S. Philadelphia from R-2; Combined Residential District and I-2; Light Industrial District to C-4; Central Business District for use as an automobile body repair and office/warehouse. (Applicant: David James)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 227 South Philadelphia for use as an automobile body repair and office/warehouse.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2137NS was introduced and the title read aloud.
Ordinance No. 2137NS 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: Lots Eighteen (18), Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two (22), Twenty-Three (23), Twenty-Four (24), Twenty-Five (25), and Twenty-Six (26), Block Four (4), Seminole Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; and rezoning said property from I-2, Light Industrial District and R-2, Combined Residential District to C-4, Central Business District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that the Title and Section 1 be approved. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance 2137NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 901 – 903 N. Minnesota Street from R-1; Single Family Residential District to R-2; Combined Residential District for the purpose of building duplex housing. (Applicant: Westchester Development)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 901 – 903 North Minnesota Street for the purpose of building duplex housing.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. The applicant’s spokesman was Mr. Mike Little speaking in favor of the rezoning. No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2138NS was introduced and the title read aloud.
Ordinance No. 2138NS 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: Lots One (1) and Two (2), Block Eighteen (18), Dexter’s Second Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from R-1, Single Family Residential District to R-2, Combined Residential District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Commissioner Weaver, seconded by
Commissioner Peterson, that the Title and Section 1 be approved. Motion
Thereupon Mayor Harden declared Ordinance 2138NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consider an ordinance to rezone property located at 405 - 411 Scott Street from R-1; Single Family Residential District to R-2; Combined Residential District for the purpose of building duplex housing. (Applicant: Westchester Development)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 405 – 411 Scott Street for the purpose of building duplex housing.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. Mr. Mike Little spoke on behalf of the application. No other persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2139NS was introduced and the title read aloud.
Ordinance No. 2139NS entitled “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 One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), and Ten (10), Block Four (4), Midland Addition to the City of Shawnee, Pottawatomie County, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification R-1, Single Family Residential District to R-2, Combined Residential District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance 2139NS duly passed and adopted.
AGENDA ITEM NO. 9: Public hearing and consider an ordinance to rezone property located at 1020 E. Highland from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District for use as retail automotive sales. (Applicants: Daniel L. and Lisa G. Moody)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 1020 East Highland for use as retail automotive sales.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the 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, Oklahoma, to-wit: Lots Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two (22), Twenty-Three (23), and Twenty-Four (24), Block Four (4), Patchins Addition to the City of Shawnee, Oklahoma, according to the recorded plat thereof; rezoning said property from zoning classification C-1, Neighborhood Commercial 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 Harrod, seconded by Commissioner Peterson, that the Title and Section 1 be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance 2140NS duly passed and adopted.
AGENDA ITEM NO. 10: Public hearing and consider an ordinance to rezone property located north of SH-177 and east of Acme Road from A-1; Agricultural District to I-2; Light Industrial District for use as light manufacturing. (Applicant: City of Shawnee)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at SH-177 and east of Acme Road for use as light manufacturing.
It was noted the Planning Commission had recommended approval of the rezoning and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning. No persons appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2141NS was introduced and the title read aloud.
Ordinance No. 2141NS entitled “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 parcel of land lying in the Northwest Quarter (NW/4) of Section 11, Township 10N, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Commencing Northwest Corner of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter (NW/C, NE/4, NW/4 NW/4) of Section 11 Township 10N Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma; thence south 660 feet to the point of beginning, thence N89°58’39”E 787.45 feet; thence south 20 feet; thence N89°13’11”E 845.44 feet; thence south 20 feet; thence N89°13’11”E 350 feet; thence south 341.08 feet; thence N89°47’19”W 100 feet; thence northwesterly on a curve to the left having a radius of 66 feet for a distance of 159.18 feet; thence southwesterly on a curve to the right having a radius of 33 feet for a distance of 27.76 feet; thence S89°22’6”W 955.56 feet; thence S72°11’50”W 319.52 feet; thence N89°39’10”W 181.93 feet; thence north 17 feet; thence N89°39’10”W 50 feet; thence north 421.25 feet to the point of beginning and a parcel of land lying in the Northwest Quarter (NW/4) of Section 11, Township 10N, Range 3 East of the Indian Meridian, Pottawatomie County, Oklahoma, more particularly described as follows: Beginning at a point 1174.73 feet south and 41.91 feet east of the Northwest Corner (NW/C) and running south 80.48 feet; thence southeasterly along the north right-of-way line of Highway 177 1032.56 feet; thence N39°51’15”E 272.83 feet; thence S50°8’45”E 157.28 feet; thence N39°51’15”E 207.21 feet; thence N50°8’45”W 157.28 feet; thence N39°51’15”E 372.56 feet; thence north 374.12 feet; thence west 393.34 feet; thence S72°11’50”W 319.6 feet; thence west 881.31 feet to the point of beginning; rezoning said property from A-1; Agricultural District to I-2; Light Industrial District and amending the official zoning map of the City of Shawnee accordingly.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Weaver, that the Title and Section 1 be approved. Motion carried.
AYE: Downing, Weaver, Peterson, Claybrook, Harden
NAY: Harrod
Thereupon Mayor Harden declared Ordinance 2141NS duly passed and adopted.
AGENDA ITEM NO. 11: Public hearing and consider an ordinance changing the area and frontage requirements for duplex type developments. (Applicant: City of Shawnee)
Mayor Harden declared a public hearing in session to consider an ordinance changing the area of frontage requirements for duplex type developments.
It was noted the Planning Commission had recommended approval of the changes and there were no formal protests filed with the City Clerk.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the ordinance. Mr. Mike Little of Westchester Development, appeared in favor of the ordinance. There being no others to appear the public hearing was closed.
Ordinance No. 2142NS was introduced and the title read aloud.
Ordinance No. 2142NS entitled “An ordinance amending the Shawnee City Code, Appendix B, Zoning, by amending Sections 504-Combined Residential District and 505–Multi-Family Residential District; refining the purpose of, area and frontage requirements for, and the parking requirements for a duplex development; repealing all ordinances or parts of ordinances in conflict herewith; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Weaver, seconded by Commissioner Peterson, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Weaver, Peterson, Downing, Claybrook, Harrod, Harden
NAY: None
A motion was made by Commissioner Weaver, seconded by Commissioner Harrod, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Weaver, Harrod, Harden, Peterson, Downing, Claybrook
NAY: None
Thereupon Mayor Harden declared Ordinance 2142NS duly passed and adopted.
AGENDA ITEM NO. 12: Public hearing and consider an ordinance amending the City Code regarding advertising and signs. (Deferred from 2/2/04)
A motion was made by Commissioner Weaver, seconded by Vice Mayor Downing, to defer this item indefinitely until certain language has
been agreed upon by all parties. Motion carried.
AYE: Weaver, Downing, Claybrook, Harrod, Harden, Peterson
NAY: None
AGENDA ITEM NO. 13: Consider contract between City and Intervest Development Limited Partnership, re: sidewalk repairs, easements and reimbursement.
The proposed reimbursement agreement pertained to the downtown Streetscape project involving a portion of the basement area of the Masonic Building along 9th Street and Bell Street, which is owned by Intervest. Mr. Warren Thomas was present as representative of Intervest.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to adopt the reimbursement agreement between the City of Shawnee and Intervest Development Limited Partnership, regarding sidewalk repairs, easements, and reimbursement with the noted provisions by City Attorney John Canavan. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 14: Consider the appeal of Frank Jones regarding the Administrative Hearing Officer’s decision to remove the sign from property located at 404 S. Beard.
Community Development Director Mike Southard gave the staff report of his decision to remove the sign from property located at 404 South Beard based upon its non-compliance with city codes.
Mr. Southard noted that Mr. Frank Jones had contacted city staff relaying that he could not attend this meeting due to illness and he requested a delay.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to allow Mr. Frank Jones, owner of the sign on property located at 404 South Beard, 45 days to bring sign in compliance with code requirements. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 15: Consider renewal of the contract with the Commissioners of the Land Office for North School and South School leases at Shawnee Lake.
A motion was made by Commissioner Harrod, seconded by Commissioner Claybrook, to renew the three-year contract (February 21, 2004 through December 31, 2006) between the City of Shawnee and Commissioners of the Land Office for North and South School leases at Shawnee Lake. Motion carried.
AYE: Harrod, Claybrook, Harden, Weaver, Peterson, Downing
NAY: None
AGENDA ITEM NO. 16: Consider authorizing the development of cycling trails around Shawnee Lake No. 2.
At the last meeting, the Commission heard from Mr. Glenn Burton regarding the Pottawatomie County Trail Blazers Bicycle Club, proposing to build cycling trails around Shawnee Lake No. 2.
Again, Mr. Glenn Burton appeared to request the Commission’s approval to approve the trails along the shoreline of the lake.
Community Development Director Mike Southard identified the area as part of the Lake Master Plan and he showed that the trails would not interfere with private property around the lake.
Upon further discussion, Lake Ranger Glen Collins appeared before the Commission to oppose the trails stating that hunting is allowed in the area and it could be a liability for the city.
Also speaking for development of the trails was Mr. Will Parker and speaking in opposition was Mr. Brad Jenkins, lake area property owner.
The Commission acknowledged the concerns about the hunting liability on the city.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to defer action regarding the cycling trails around Shawnee Lake No. 2 until the next meeting to allow City Attorney John Canavan to conduct further research. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 17: Consider authorizing staff to advertise for bids for water line project from Highland and Pottenger streets to Kickapoo and Burns streets and from Kickapoo Spur to Independence. (Deferred from 2/2/04)
City Treasurer Terry Compton reported that the additional funds for this project would come from three sources that included $266,412 from the Water Treatment Plant Improvements; $130,000 from the lagoon rehab; and $185,000 from the waterline rehabilitation.
It was estimated that it would cost around $583,000 to complete the first phase of the waterline project.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to authorize staff to advertise for bids for water line project from Highland and Pottenger Streets to Kickapoo and Burns Streets from Kickapoo Spur to Independence. Motion carried.
AYE: Claybrook, Downing, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 18: Acknowledge Charter Commun-ication’s annual rate justification filing for 2004.
Mr. Andrew Dearth, Charter Communications, handed out information regarding the annual rate increase of cable services.
The Commission acknowledged Charter Communication’s annual rate increase filing for 2004.
AGENDA ITEM NO. 19: Staff presentation regarding status of capital projects budget.
City Treasurer/Finance Director Terry Compton presented the Commission a 17-page report of the Capital Improvement Project. He noted that of the $9.2 million, there was $4.7 million left in the budget for this year. He requested the Commission to review the report and he invited their input and he would meet with them individually to go over the report if they had questions.
AGENDA ITEM NO. 20: Consider awarding bid on North Union Street Extension Paving Project.
A motion was made Vice Mayor Downing, seconded by Commissioner Harrod, to award the bid on North Union Street Extension Paving project to All Road Paving, Inc., Oklahoma City, Oklahoma, in the amount of $193,403.00 as the lowest and best bid. Motion carried.
AYE: Downing, Harrod, Harden, Weaver, Peterson, Claybrook
NAY: None
AGENDA ITEM NO. 21: 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.
AGENDA ITEM NO. 22: Administrative Reports.
Under Administrative Reports, Community Development Director Mike Southard gave an update on the Kickapoo Street and Interstate 40 future improvements and expansion noting that one conclusion would be a fifth-lane option.
AGENDA ITEM NO. 23: Citizens Participation (A five minute limit per person)
(A fifteen-minute limit per topic)
Under Citizens Participation, the following community business owners and citizens appeared to express their appreciation and best wishes to Terry Powell for his leadership as City Manager over 13 years of service to the City of Shawnee and to his wife, Nancy, for her support and involvement in the community.
Appearing were Bill Ford, CEO of Shawnee Milling Company, Ann Davis, Bradie Winrow, Mike Little, Ron Gillham, Lori Roach, Bonnie Boone, and Amy Smith.
AGENDA ITEM NO. 24: Consider an Executive session to discuss the following:
a. The pending negotiations between the City of Shawnee and the IAFF, Local No. 1628 as authorized by 25 O.S. §307(B)(2).
b. The resignation of City Manager Terry Powell as authorized by 25 O.S. §307(B)(1).
A motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the Commission go into Executive Session to discuss pending negotiations between the City of Shawnee and the IAFF, Local No. 1628 as authorized by 25 O.S. §307(B)(2) and the resignation of City Manager Terry Powell as authorized by 25 O.S. §307(B)(1). Motion carried.
AYE: Downing, Peterson, Claybrook, Harrod, Harden, Weaver
NAY: None
CITY COMMISSION NOW IN EXECUTIVE SESSION AT 9:39 P.M. WITH ALL COMMISSIONERS PRESENT.
CITY COMMISSION RECONVENED IN REGULAR SESSION AT 12:09 A.M. WITH ALL COMMISSIONERS PRESENT.
AGENDA ITEM NO. 25: Consideration and possible action to approve or disapprove the proposed collective bargaining agreement between the City of Shawnee and the IAFF, Local No. 1628 for FY 2003-2004
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve the proposed collective bargaining agreement between the City of Shawnee and the IAFF, Local No. 1628 for FY 2003-2004. Motion carried.
AYE: Harrod, Downing, Claybrook, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 26: Consideration and possible action regarding the resignation of the City Manager.
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, to accept the separation agreement of City Manager Terry Powell effective February 19, 2004 with approved sick leave, vacation leave, six months roll over health insurance benefits, and severance pay. Motion carried.
AYE: Harrod, Peterson, Claybrook, Harden
NAY: Weaver
ABSTAIN: Downing
AGENDA ITEM NO. 27: Consideration and possible action to appoint an Interim City Manager and to authorize the advertisement for a permanent City Manager.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to appoint the City Treasurer/Finance Director Terry Compton as the Interim City Manager with a base pay of $75,000 per year with benefits and authorize staff to advertise for a permanent City Manager. Motion carried.
AYE: Claybrook, Downing, Harrod, Harden, Weaver, Peterson
NAY: None
AGENDA ITEM NO. 28: Consider amending the pension plan to grant City Manager Terry Powell 5 years of additional service for time spent with the Shawnee Urban Renewal Authority.
Ordinance No. 2143NS was introduced and the title read aloud.
Ordinance No. 2143NS entitled “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; 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 retirement committee and providing for powers, duties and rights of retirement committee; providing for payment of certain obligations; providing for duration and payment of expenses; providing for effective date; providing for a vesting schedule; 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 investments as part of the Oklahoma Municipal Retirement Fund; providing for payment of all contributions under the system to the Treasurer of the City of Shawnee, Oklahoma, and for transfer of such contributions and fund assets to the Oklahoma Municipal Retirement Fund for management and investment; providing for non-alienation of benefits and loss of benefits for cause; providing for repealer and severability; and declaring an emergency.”
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden, Weaver
NAY: None
A motion was made by Commissioner Harrod, seconded by Commissioner Peterson, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Harrod, Peterson, Downing, Claybrook, Harden, Weaver
NAY: None
Thereupon Mayor Harden declared Ordinance No. 2143NS duly passed and adopted.
AGENDA ITEM NO. 29: Commissioners Comments.
Under Commissioners Comments, Commissioner Weaver asked staff to be sensitive to the businesses on Bell Street affected by the Bell Street Streetscape construction by Vantage Paving, contractor.
AGENDA ITEM NO. 30: Adjournment.
There being no further business to be considered, a motion was made by Vice Mayor Downing, seconded by Commissioner Peterson, that the
meeting be adjourned. Motion carried. (12:20 a.m.)
AYE: Downing, Peterson, Claybrook, Harrod, Harden, Weaver
NAY: None
____________________________
MAYOR
(SEAL)
ATTEST:
_____________________________
CITY CLERK
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