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, November 1, 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. Minutes of the October 15 and October 18, 2004 meetings.
b. Budget transfer in General Fund, Shawnee Municipal Authority, Shawnee Airport Authority and Shawnee Civic and Cultural Development Authority.
c. Acknowledge the following reports and minutes:
* Shawnee Urban Renewal Authority minutes from the September 21, 2004 meeting.
* Civic and Cultural Authority minutes from the September 16, 2004 meeting.
* Shawnee Public Library minutes from the April 13, 2004 meeting.
d. Lakesite Leases:
Renewals:
Lot 9, Magnino A Tract
Scottie L. & Nancy J. Smith
P.O. Box 1718
Choctaw, OK 73020
Lot 5, Coffman Tract
Dale & Joann Thole
11905 NW 6th
Yukon, OK 73099
Transfer:
Lot 2, Magnino A Tract
To: Carl W. Head, Jr. & Roy C. Denz
2908 N. Grove Pl.
Okla. City, OK 73127
From: Roy & Maude Denz
121 County Road 1836
Carthage, TX
e. Acknowledge letter of resignation from C.L. Craig from the Shawnee Airport Advisory Board.
f. Approve mortgage of leasehold interest of Shawnee Lake Hart Tract, Lots 6 and 7 to First United Bank with reservation of city right to approve transfer.
g. Acknowledge Worker’s Compensation Court Order regarding Jeffrey Rodgers.
h. Acknowledge Worker’s Compensation Court Order regarding David Shannon.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that the Consent Agenda Item No. 1 (a-h), be approved as presented. Motion carried.
AYE: Peterson, O’Neal, Mills, Hadley, Downing, Claybrook, Schrzan
NAY: None
AGENDA ITEM NO. 2: Mayor’s Proclamation and Presentation.
Mayor Mills issued the following proclamation and presentation:
“Hire a Veteran Month”
November, 2004
(accepted by Doug Royster, Veterans Service Representative for Oklahoma Employment Security Commission)
Mr. Robert Rimer, Public Works Operations Superintendent, on behalf of the Oklahoma Good Roads and Transportation Association presented Mayor Mills with the “Overall Excellence Award” to the City of Shawnee.
He noted that for the past eleven years the City has received the superior award, but this year’s award was for outstanding achievement, the highest honor for a City to receive. Even more special was that only two cities received this award and the other award went to the City of Tulsa.
AGENDA ITEM NO. 3: City Manager Presentation: Employee of the Month (David Talton) (Deferred from 10/18/04 meeting)
City Manager Jim Collard presented a plaque and gift certificate to David Talton, Customer Service Line Maintenance Department, as the October employee of the month in recognition of his excellent and dedicated service to the City of Shawnee.
AGENDA ITEM NO. 4: Public hearing and consider a resolution adopting a Hazard Mitigation Plan for the City of Shawnee
Mayor Mills declared a public hearing in session to consider a resolution adopting a Hazard Mitigation Plan for the City of Shawnee.
Emergency Management Director Don Lynch presented the synopsis of the Plan.
There being no others to appear, the public hearing was closed.
Resolution No. 6211 was introduced and the title read aloud.
Resolution No. 6211 entitled “A resolution adopting the Hazard Mitigation Plan for the City of Shawnee and Pottawatomie County, Oklahoma.”
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, that the Title and Resolution be approved. Motion carried.
AYE: Schrzan, Downing, Claybrook, O’Neal, Mills, Hadley, Peterson
NAY: None
Thereupon Mayor Mills declared Resolution No. 6211 duly passed and adopted.
AGENDA ITEM NO. 5: Consider an ordinance amending Oklahoma Municipal Retirement Fund Defined Contribution Plan to adopt the loan feature.
Mrs. Jodi Cox, representative of the Oklahoma Municipal Retirement Fund, the City’s administrator of the Plan, appeared before the Commission to explain the plan amendment.
A memorandum from Mr. Dave Chesher, personnel consultant, was in the agenda packet for reference.
The amendment to the Plan will allow all eligible employees to borrow money against their individual Defined Contribution to the City of Shawnee Retirement Plan.
This change was at the request of the employees and according to Ms. Cox, several other cities have this Plan and there is no cost to the City.
The Plan will allow employees to borrow up to fifty percent (50%) of the amount in their vested individual retirement to be paid back over a five year period at an interest rate of one percent (1%) above prime. The interest will be paid to the employee’s individual account.
Ordinance No. 2183NS was introduced and the title read aloud.
Ordinance No. 2183NS entitled “An ordinance amending the Employee Retirement System Defined Contribution 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 non-alienation of benefits; loss of benefits for cause and limitations of benefits; 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 retirement 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 administration, management and investments 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 repealer and severability and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
A motion was made by Commissioner Downing, seconded by Commissioner Schrzan, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Downing, Schrzan, O’Neal, Mills, Hadley, Peterson, Claybrook
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2183NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider an ordinance amending Oklahoma Municipal Retirement Fund Plan to allow early retirement to certain eligible employees without penalty.
Again, Mrs. Cox, OMRF representative, answered questions about an early retirement option for employees.
Personnel Consultant Dave Chesher’s memorandum of recommendation was reviewed.
The special option would apply to employees who met the following:
*any participant whose integral age is fifty-two (52) years or more;
*has twenty-five (25) years or more of credited service as of July 1, 2004.
The eligible employees will have until December 31, 2004 to accept the early retirement option.
Ordinance No. 2184NS was introduced and the title read aloud.
Ordinance No. 2184NS entitled “An ordinance amending the Retirement System Defined Benefit Plan of the City of Shawnee, Oklahoma, by providing a special retirement option for certain eligible employees based on the age and years of credited services of such employees; providing for severability; and declaring an emergency.”
A motion was made by Commissioner Downing, seconded by Vice Mayor Peterson, that the Title and Sections 1-4, be approved. Motion carried.
AYE: Downing, Peterson, Claybrook, Schrzan, O’Neal, Mills, Hadley
NAY: None
A motion was made by Vice Mayor Peterson, seconded by Commissioner Hadley, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Peterson, Hadley, Downing, Claybrook, Schrzan, O’Neal, Mills
NAY: None
Thereupon Mayor Mills declared Ordinance No. 2184NS duly passed and adopted.
AGENDA ITEM NO. 7: Consider Commercial Lease Agreement of airport property to Shawnee Lube, LLC.
Accounting Clerk Lisa Moody explained to the Commission of a request from Shawnee Lube, LLC to purchase the Shawnee Pitt Stop contingent on approval from the City Commission to lease the property.
A motion was made by Commissioner Claybrook, seconded by Commissioner Downing, to approve the commercial lease agreement of airport property known as Shawnee Pitt Stop with Shawnee Lube, LLC. Motion carried.
AYE: Claybrook, Downing, Schrzan, O’Neal, Mills, Hadley, Peterson
NAY: None
AGENDA ITEM NO. 8: Consider awarding bid for East Side Sidewalk Improvement Project.
The Commission discussed the difference of $52.50 between the lowest bidder of $86,982.50 from Lopp Construction of Stillwater and the next lowest of $87,035.00 from Westchester Development Company, a Shawnee contractor.
The City Engineer made the recommendation to award the bid to Lopp Construction based on the lowest bid.
Mr. Mike Little, Vice President of Westchester, appeared before the Commission to make his plea for consideration for the bid.
City Attorney John Canavan advised the Commission that justification for awarding the bid to the next lowest would need to be stated in the motion.
A motion was made by Commissioner Downing, seconded by Commissioner Hadley, to award the bid for the Eastside Sidewalk Improvement Project to Westchester Development Company, Shawnee, Oklahoma, in the amount of $87,035.00, as the best bid based upon the efficiencies and communication, history of its high-quality work; and a good working relationship with the City. Motion carried.
AYE: Downing, Hadley, Peterson, Claybrook, Schrzan, O’Neal, Mills
NAY: None
AGENDA ITEM NO. 9: Consider a resolution adopting a water/sewer extension policy for entities outside the city limits.
City Engineer John Krywicki presented the proposed “Commission Policy for Furnishing of Water and/or Sewer Services outside City Limits.”
He outlined the conditions under which City services will be provided and at what rate.
Upon discussion, there were modifications made to the policy that included under 1.(h) adding the underline wording to “Extended lines to be designed by a licensed Oklahoma PE and Inspected by City Engineer;” add commercial and industrial developments under code requirements outlined in the residential subdivision topic; add language under annexation topic providing for legal renewal of agreements; and add “or” to “water and/or sewer services” throughout the policy.
Resolution No. 6212 was introduced and the title read aloud.
Resolution No. 6212 entitled “A resolution of the City of Shawnee, Oklahoma, adopting a City Commission policy relating to the supplying of water and/or sewage services to entities outside the city limits of Shawnee.
A motion was made by Commissioner Schrzan, seconded by Commissioner Downing, that the Title and Sections 1-3, be approved. Motion carried.
AYE: Schrzan, Downing, O’Neal, Mills, Hadley, Peterson
NAY: Claybrook
Thereupon Mayor Mills declared Resolution No. 6212 duly passed and adopted.
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, City Manager Jim Collard announced that Public Works Director James Cole retired effective immediately and he will be searching for a replacement.
City Engineer John Krywicki will temporarily take over administration of the water treatment system, including the Twin Lakes, and other Public Works supervisors will report directly to the City Manager.
Mr. Collard discussed a water leak in the 27-inch line that brings water from Twin Lakes to the City’s water treatment plant on the banks of the North Canadian River had been discovered.
He also reported there was another possible leak in the 17-inch pipe under South Deer Creek and efforts were ongoing to decide whether to patch or replace it.
City Engineer John Krywicki reported that the milling on Benedict Street was completed; milling will be done on 39th Street; the Kickapoo drainage project was 99% complete; ODOT was satisfied with the MacArthur Street and Leo to State Highway 177 project between the State, County, and City and would be making reimbursements; and staff still waiting on the survey for the sports complex.
AGENDA ITEM NO. 12: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)
Under Citizens Participation, Mr. Jim Sims requested staff to check a building regarding ADA requirements.
AGENDA ITEM NO. 13: Commissioners Comments.
Under Commissioners Comments, Mayor Mills thanked Action Center staff, Paula Taylor and Randy Wesley, for their diligence in working with the railroad company regarding an abandoned building.
Commissioner Schrzan commented that citizens had requested moving the City Commission meetings back to 7:00 p.m.
Commissioner O’Neal expressed her support and appreciation to City Manager Jim Collard for an excellent job he is doing since his hiring in August.
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 O’Neal, that the meeting be adjourned. Motion carried. (7:34 p.m.)
AYE: Downing, O’Neal, Mills, Hadley, Peterson, Claybrook, Schrzan
NAY: None
______________________________
CHUCK MILLS, MAYOR
(SEAL)
ATTEST:
______________________________
DIANA HALLOCK, CITY CLERK
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