BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 6, 2010 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, December 6, 2010 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.
Linda Peterson
Mayor
Pam Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2-Vice Mayor
Absent Billy Collier
Commissioner Ward 3 Commissioner Ward 4
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Commissioner Harrod
INVOCATION REV. LARRY SPARKS
NEW BEGINNINGS CHURCH
FLAG SALUTE
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the Agenda. Motion carried 6-0.
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 Number 18.
b. Minutes from the November 15, 2010 meeting.
c. Budget Amendment in the General Fund 301 to purchase a vehicle that was budgeted last year but not encumbered and funds were left in the fund balance.
d. Acknowledge the following minutes and reports:
• Beautification Committee minutes from October 4, 2010
• Shawnee Civic and Cultural Development Authority minutes from October 21, 2010
• Planning Commission minutes from November 3, 2010
• Wes Watkins Reservoir Oversight Committee Special Meeting minutes from October 28, 2010
e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Gary Gum.
f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution for Tony Cagle.
g. Approve agreement with McLoud Public Works Authority for lease of City of Shawnee Kubota 72” Zero Turn Mower, City ID #3350, for the sole purpose of maintaining Wes Watkins Reservoir.
h. Approve renewal agreement with Troy and Dollie Smith YMCA for use and maintenance of Dockrey Park.
i. Approve renewal agreement with Shawnee Youth Athletic Association for use and maintenance of Lions Club Park.
j. Lake Lease Transfer:
• 3 Belcher Tract, 15514 Nickens Road
From: O. Martin
To: N. Beavers and H. Beavers
At the request of City Manager Brian McDougal, items (h) and (i) were pulled for separate discussion.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the Consent Agenda (Items a – j), less items (h) and (i) as presented. Motion carried 6-0.
Regarding items (h) and (i), Mr. McDougal stated that the requested financial documents had not yet been received. He further requested that this item be deferred to the next City Commission meeting
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the deferral of items (h) and (i) to the next City Commission meeting. Motion carried 6-0
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Mr. Warren Thomas spoke to the Commission, and provided a document regarding preliminary off-site improvements for Chick-Fil-A. He further stated that consideration would be given to dedicating the improvements to the City of Shawnee once completed.
AGENDA ITEM NO. 4: City Manager’s presentation to Employee of the Month, Teresa Oldham, clerk in Municipal Court.
Teresa Oldham was present to accept.
AGENDA ITEM NO. 5: Presentation by Meghan McCabe, senior nursing student at Oklahoma Baptist University.
Ms. Meghan McCabe and other OBU nursing students presented a power point presentation regarding problems facing middle school students. Teen pregnancy and substance abuse issues were discussed briefly; however, the focus of the program was teen obesity. Among obesity facts mentioned was the teen obesity level for Shawnee is 31.8%. The presentation also included health related issues related to obesity, prevention and future goals of reduction in obesity to 30% by 2014.
AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance for a conditional use permit to allow for the sale of beer for off premise consumption in C-3 zoning for property located at 1930 N. Kickapoo. Case #P11-10 (Applicant Penny Henderson obo Mays Drug Stores Inc.)
Mayor Peterson declared a public hearing in session to consider an ordinance for a conditional use permit to allow for the sale of beer for off premise consumption in C-3 zoning for property located at 1930 N. Kickapoo.
Mayor Peterson asked if any person wished to speak in favor of or in protest of the rezoning. No one appeared and the public hearing was closed. (Commissioner Stephens leaves meeting at 6:56 p.m.)
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the rezoning of this property from C-3; Automotive, Commercial and Recreation to C-3P; Automotive, Commercial and Recreation with a conditional use permit.
Ordinance No. 2447NS was introduced and the title read aloud.
ORDINANCE NO. 2447NS 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 TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION TWELVE (12), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE S00º11’48”E ALONG THE CENTERLINE OF NORTH KICKAPOO STREET A DISTANCE OF 244.38 FEET: THENCE S89º48’12”W A DISTANCE OF 362.00 FEET; THENCE N00º11’48”W A DISTANCE OF 244.38 FEET TO A POINT ON THE CENTERLINE OF FEDERAL AVENUE; THENCE N89º48’12”E ALONG THE CENTERLINE OF FEDERAL AVENUE A DISTANCE OF 362.00 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Thereupon Mayor Peterson declared Ordinance No. 2447NS duly passed and approved.
AGENDA ITEM NO. 7: Consider a resolution of support for the Carland Group, LLC in their pursuit of tax credits for Cottage Park, an affordable senior housing development.
A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to approve Resolution No. 6397.
Resolution No. 6397 was introduced and the title read aloud.
RESOLUTION NO. 6397 ENTITLED: “A RESOLUTION OF SUPPORT FOR ECONOMIC DEVELOPMENT AND AFFORDABLE HOUSING FOR THE BENEFIT OF THE CITIZENS OF SHAWNEE, OKLAHOMA; AND SUPPORT OF TAX CREDIT AWARD FOR THE CONSTRUCTION OF AFFORDABLE HOUSING DEVELOPMENT IN THE CITY OF SHAWNEE, OKLAHOMA.
AGENDA ITEM NO. 8: Consider a resolution to execute that certain Project Agreement for Federal-aid improvements between the City of Shawnee and the Oklahoma Department of Transportation.
John Krywicki, City Engineer, stated that the total estimated project costs of the Kickapoo Street Paving Project are $11,013,760. The City of Shawnee will provide $3,296,083 of those costs with O.D.O.T. providing the remaining $7,744,677.
Mr. Dan Overland, Chairman of the Oklahoma State Transportation Commission, addressed the Commission, noting that this project was started in 2003. He thanked the Mayor and Commissioners for their continued support and cooperation in the completion of this long term project.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve Resolution No. 6398. .
Resolution No. 6398 was introduced and the title read aloud.
RESOLUTION NO. 6398 ENTITLED: A RESOLUTION SUPPORTING CERTAIN PROJECT AGREEMENT FOR FEDERAL-AID IMPROVEMENTS DESCRIBED BELOW BY AND BETWEEN THE CITY OF SHAWNEE AND THE DEPARTMENT OF TRANSPORTATION.
AGENDA ITEM NO. 9: Consider entering into an agreement with CDM Engineering to spend up to $98,300.00 for a Multi Reservoir Yield and Operation Analysis.
Randy Brock, Deputy Utility Director, spoke regarding this issue stating that CDM Engineering already has a substantial amount of data on Shawnee Twin Lakes due to their work with the Sardis Lake Water Project.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to enter into an agreement with CDM Engineering. Motion carried 5-0.
AGENDA ITEM NO. 10: Discussion and possible action on reinstating, in whole or in part, the $1,000 per year uniform allowance for police officers which was waived for FY 2010-2011 in the Collective Bargaining Agreement between the City and the IUPA, Local No. 3.
Police Chief Russell Frantz presented a request from the IUPA to reinstate officers’ clothing allowance, which was waived in this year’s Collective Bargaining Agreement. He stated the request was being made because sales tax revenue collections have been higher than projections.
Mayor Peterson stated that the City was only six months into the current budget year and thought it was too early to re-establish the uniform allowance.
Commission Collier concurred and stated that all employees should be considered. He added that when the time comes to reinstate wages, benefits, etc. it should be done equally, consistently and fairly throughout all City departments.
AGENDA ITEM NO. 11: Consider a resolution declaring a number of bicycles in possession of the Shawnee Police Department as surplus to allow the sale of said bicycles at public auction.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to approve Resolution No. 6399, declaring bicycles in possession of the Shawnee Police Department as surplus and allow for the sale of said bicycles.
Resolution No. 6399 was introduced and the title read aloud.
RESOLUTION NO. 6399 ENTITLED: “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY TO BE UNCLAIMED PERSONAL PROPERTY OR PROPERTY WHOSE OWNERSHIP IS NOT SATISFACTORILY ESTABLISHED, THE SAME BEING IN POSSESSION OF THE CHIEF OF POLICE OF SHAWNEE, OKLAHOMA FOR MORE THAN NINETY (90) DAYS; DESCRIBING SAID ITEMS OF PROPERTY; AUTHORIZING THE CITY MANAGER TO DELIVER SAID ITEMS OF PERSONAL PROPERTY TO THE CHIEF OF POLICE FOR SALE FOR CASH AT PUBLIC AUCTION.”
The Commission deviated from the printed agenda to consider Agenda Item No. 13 at this time.
AGENDA ITEM NO. 13: Consider acceptance of improvements for the plat of Windmill Ridge West Section IV and place maintenance bonds into effect.
A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer to accept the improvements for the plat of Windmill Ridge West Section IV and place maintenance bonds into effect. Motion carried 5-0.
AGENDA ITEM NO. 14: Consider an ordinance amending the Employee Retirement System, defined Benefit Plan for the City of Shawnee by adopting a revised and restated retirement plan.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve an ordinance amending the Employee Retirement System, defined Benefit Plan for the City of Shawnee by adopting a revised and restated retirement plan.
Ordinance No. 2448NS was introduced and read aloud.
ORDINANCE NO. 2448NS ENTITLED “AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM DEFINED BENEFIT PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT PLAN; 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 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 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 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 REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE; AND DECLARING AN EMERGENCY. “
Thereupon Mayor Peterson declared Ordinance No. 2448NS duly passed and adopted.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, that the Emergency Clause be approved declaring that this ordinance shall be in full force and effect upon passage.
AGENDA ITEM NO. 15: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Robert Smith.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to approve the Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Robert Smith.
AGENDA ITEM NO. 16 Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Jack Dale Dean.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to approve the Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Jack Dale Dean.
AGENDA ITEM NO. 17 Discuss and consider cancellation of City Commission, Shawnee Municipal Authority, and Shawnee Airport Authority meetings scheduled for December 20, 2010 and/or January 3, 2011.
A motion was made by Commissioner Winterringer, seconded by Commissioner Collier, to cancel the City Commission, Shawnee Municipal Authority and Shawnee Airport Authority meetings on December 20, 2010 and January 3, 2011. The next meeting of the City Commission and related authorities will be January 18, 2011.
a. Snow and Ice Removal on Shawnee City Streets (Open and possibly Award)
Emergency Management Director Don Lynch reported that no bids were received. Mr. Lynch stated that he would rebid the project in January, 2011.
COMMISSIONER STEPHENS RETURNS TO THE MEETING AT 7:56 P.M.
b. Repairs/Replacement Screw Pumps Contract No. COS-SMA-11-03 (Open)
BIDDER AMOUNT
Wynn Construction Co. Inc. $178,000
Oklahoma City, OK $189,000 (Alternate)
J.S. Haren Company $189,000
Athens, TN $234,000 (Alternate)
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to defer bid award to the next City Commission meeting, noting that it will be the second meeting in January, 2011. Motion carried 6-0.
AGENDA ITEM NO. 12: Discussion concerning an ordinance banning parking in the front yard and the setting of special meetings and/or public forums.
Community Development Director Justin Erickson presented a draft ordinance concerning parking vehicles in residential yards. Commissioner Stephens requested the ordinance be presented for consideration at the next City Commission meeting. No special meetings and/or public forums are planned.
AGENDA ITEM NO. 19: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
Deputy Utility Director Randy Brock stated that a sewer collapse has resulted in sewage backing up on property on Beard Street. It was Mr. Brock’s request that the repairs be made on an emergency basis by Jordan Contractors, Inc. Jordan Contractors currently have the city’s pipe bursting contract. The repairs call for repairs to be made in the west rear easement of Beard Street, from Wall Street to the manhole on Elizabeth Street. The total amount for this repair is $28,160.00.
A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to approve the emergency repair of a sewer collapse by Jordan Contractors, Inc. in the amount of $28,160.00. Motion carried 6-0.
Interim Director of Operations James Bryce reported on the recreation management transition of Wes Watkins Reservoir. Since the Town of McLoud took over the management July 1, 2010, gate fees have been removed. Mr. Bryce reports that the park was filled to capacity this summer, with an estimated 60,000 visitors since July 1st. It is Mr. Bryce’s opinion that the Town of McLoud is doing a good job, keeping good records and the park grounds well-kept.
AGENDA ITEM NO. 21: Commissioners Comments
Commissioner Winterringer thanked everyone that participated in this year’s downtown Christmas parade.
Vice Mayor Sims announced that the City Commission is hosting a city employee luncheon at the Shawnee Public Library on December 21, 2010.
AGENDA ITEM NO. 22: Consider an Executive Session to discuss evaluation of City Attorney’s job performance pursuant to 25 O.S. §307(B)(1).
AGENDA ITEM NO. 23: Consider an Executive Session to discuss evaluation of Municipal Judge’s job performance pursuant to 25 O.S. §307(B)(1).
AGENDA ITEM NO. 24: Consider an Executive Session to discuss pending litigation in the following lawsuits and tort claims against the City of Shawnee as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately defend itself: In the District Court of Pottawatomie County, Oklahoma, CASPER V. CITY, CJ-10-319; COOK V. CITY, CJ-09-542; FENN V. SCCDA, CJ-10-285; GRASSO V. CITY, CJ-10-243; PHIFER V. CITY, CJ-10-179; CITY V. SHAWNEE ANIMAL HOSPITAL ETAL., C-09-1734; CITY V. CHRISTOPHER RICK ETAL., C-09-1738; CITY V. JOHN H. CLARK ETAL., C-09-1737; CITY V. DIANA COFFMAN TRUST ETAL., C-09-1736;In the U. S. District Court for the Western District of the State of Oklahoma: THOMPSON V. CITY, CIV-09-1359 C; JAMES COKER ETAL., V. CITY, CIV-10-1235-L;Tort Claims: KELLIE R. WRIGHT V. CITY; JOHN CARTER V. CITY; GLEN PARSONS V. CITY; MICHAEL OTT V. CITY; ALLISON V. CITY; SAMUEL MORGAN V. CITY; ROBERT JOHNSON V. CITY; POWELL V. CITY; BLOCK V. CITY; MITCHELL V. CITY; GUNTER V. CITY; SWINNEY V. CITY.
Items numbered 23, 24 and 25 were considered together and a motion was made by Vice Mayor Sims and seconded by Commissioner Collier to go into executive session. Motion carried 6-0
Commissioners enter into executive session at 8:22 p.m. with all Commissioners present.
AGENDA ITEM NO 25: Consider matters discussed in Executive Session regarding evaluation of City Attorney’s job performance pursuant to 25 O.S. §307(B)(1).
No action taken. (Discussion of this item completed at 9:42 p.m.)
AGENDA ITEM NO. 26: Consider matters discussed in Executive Session regarding evaluation of Municipal Judge pursuant to 25 O.S. 307(B)(1).
No action taken. (Discussion of this item completed at 10:45 p.m.)
AGENDA ITEM NO. 27: Consider an Executive Session to discuss pending litigation in the following lawsuits and tort claims against the City of Shawnee as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately defend itself: In the District Court of Pottawatomie County, Oklahoma, CASPER V. CITY, CJ-10-319; COOK V. CITY, CJ-09-542; FENN V. SCCDA, CJ-10-285; GRASSO V. CITY, CJ-10-243; PHIFER V. CITY, CJ-10-179; CITY V. SHAWNEE ANIMAL HOSPITAL ETAL., C-09-1734; CITY V. CHRISTOPHER RICK ETAL., C-09-1738; CITY V. JOHN H. CLARK ETAL., C-09-1737; CITY V. DIANA COFFMAN TRUST ETAL., C-09-1736;In the U. S. District Court for the Western District of the State of Oklahoma: THOMPSON V. CITY, CIV-09-1359 C; JAMES COKER ETAL., V. CITY, CIV-10-1235-L;Tort Claims: KELLIE R. WRIGHT V. CITY; JOHN CARTER V. CITY; GLEN PARSONS V. CITY; MICHAEL OTT V. CITY; ALLISON V. CITY; SAMUEL MORGAN V. CITY; ROBERT JOHNSON V. CITY; POWELL V. CITY; BLOCK V. CITY; MITCHELL V. CITY; GUNTER V. CITY; SWINNEY V. CITY.
No action taken.
Commissioners return from Executive Session with all Commissioners present at 12:05 a.m.
AGENDA ITEM NO. 28: Adjournment.
There being no further business to be considered, a motion was made by Commissioner Stephens, seconded by Vice Mayor Sims, that the meeting be adjourned. Motion carried 6-0. (12:07 a.m.)
AYE: Stephens, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
LINDA PETERSON, MAYOR
(SEAL)
ATTEST:
PHYLLIS LOFTIS,
CITY CLERK
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