BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 18, 2011 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, Tuesday, January 18, 2011 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
James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT:
INVOCATION REV. DAVID HENRY
CALVARY BAPTIST CHURCH
PRESENTATION OF COLORS &
FLAG SALUTE Boy Scout Troop 408
AGENDA ITEM NO. 1: Consider approval of Agenda
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 7-0.
• Shawnee Urban Renewal Authority minutes from September 7, 2010, November 2, 2010 and December 7, 2010
• Sister Cities Council minutes from October 12, 2010 and November 9, 2010
• Beautification Committee minutes from November 1, 2010
• Planning Commission minutes from December 1, 2010
• Wes Watkins Reservoir Oversight Committee Special meeting minutes from December 2, 2010
• Shawnee Civic and Cultural Development Authority minutes from November 18, 2010
• License Payment Reports from November and December 2010
• Project Payment Reports from November and December 2010
b. Approve renewal agreement with Troy and Dollie Smith YMCA for use and maintenance of Dockrey Park. Deferred from December 6, 2010
c. Approve renewal agreement with Shawnee Youth Athletic Association for use and maintenance of Lions Club Park. Deferred from December 6, 2010
d. Acknowledge receipt of notice of rate increase from Allegiance Communications for Limited Basic cable TV.
e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Beth Hawkins.
f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Victoria Lemon.
g. Approve memorandum of understanding with district attorney’s office regarding victims of domestic violence and sexual assault.
h. Approve Supplemental Agreement No. 2 – “Reconstruct and Realign the South 4,300 Feet of the Parallel Taxiway System, Rehabilitate the North Portion of the Taxiway, and Phase 1 – Improve the RSA Runway 17 End”, COS Project No. COS-PW-10-01, FAA AIP Project No. 3-40-0088-014-2010 OAC Project No. SNL-10-FS.
i. Lake Site Lease Transfers and Renewals:
Transfer:
• Lot 13 Magnino A Tract, 17308 Magnino Rd
From: D. Wright
To: B. Cochrane and P. Griffin
• Lot 14 Belcher Tract, 33202 Post Office Neck
From: M. Bertram and A. Bertram
To: J. White and B. White
Renewals:
• Lot 7 Belcher Tract, 15413 Nickens Road
D. McQuitty and C. McQuitty
• Lot 10 Renfro Tract, 15805 Sleepy Hollow
C. Woods and S. Woods
• Lot 7 Eckel Tract, 15213 Eckel Road
R. Walker
• Lot 1 Magnino Tract, 16500 Archery Range Road
D. Teel
• Lot 8 Mosler Tract, 16312 Archery Range Road
R. Gill
• Lot 16 Johnston Tract, 16614 Stevens Road
T. Howard
j. Acknowledge receipt of applications to fill vacancies on the Shawnee Urban Renewal Authority by Ron Henderson, Patty L. Nida, Tiffany Barrett, and Monte Cockings.
k. Approve Oklahoma Municipal Retirement Fund Normal Retirement for John Kernell, Pre Treatment Technician, SSTP.
l. Authorize staff to apply for sub-grant of Citizens Corps Grant funds from the Oklahoma Office of Homeland Security.
m. Approve agreement for the sub-grant of Emergency Management Performance Grant funds with the Oklahoma Department of Emergency Management.
n. Authorize Staff to advertise for bids on the Beard Street widening project from Farrall to the North Canadian River Bridge.
Mayor Peterson requested that Consent Agenda Item (j) be pulled for separate consideration. A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the Consent Agenda Items a –n, less item j. Motion carried 7-0.
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: None
Regarding Consent Agenda Item j, Mayor Peterson had a question regarding DEQ compliance on two of the lake lease renewals. Community Development Director Justin Erickson stated that both leaseholders were aware that DEQ septic certifications were needed and they would provide them prior to entering into a long term lease agreement.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve Consent Agenda Item j. Motion carried 7-0
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation
AGENDA ITEM NO. 4: City Manager Presentation of Employee of the Month to Greg Gibson, Police Department.
Sgt. Gibson was not present to accept this award.
AGENDA ITEM NO. 5 Consider Resolution of Appreciation to John Canavan for his services as City Attorney.
Resolution No. 6400 was introduced and the title read aloud.
RESOLUTION NO. 6400 ENTITLED: “A RESOLUTION EXPRESSING APPRECIATION TO JOHN G. CANAVAN, Jr. FOR HIS MANY YEARS OF 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 JOHN G. CANAVAN, Jr.”
A motion was made by Commissioner Stephens, seconded by Vice Mayor Sims, to approve the Resolution of Appreciation to John G. Canavan, Jr. for his services as City Attorney.
Motion carries 7-0
AYE: Stephens, Sims, Harrod, Petersons, Collier, Winterringer, Smith
NAY: None
Mayor Peterson presented Resolution No. 6400 to John G. Canavan, Jr. and thanked him for his many years of service to the City. Judge Canavan accepted the resolution and thanked the Commission, department heads and all city employees for their support and friendship throughout the last 19½ years.
AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance to rezone property from A-1; Agricultural to C-3; Automotive, Commercial and Recreation for property located at 7001 N. Harrison. Case P01-11
Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property at 7001 N. Harrison. No one appeared to speak in favor or in protest of this rezoning and the public hearing was closed.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the rezoning of property at 7001 N. Harrison, from A-1; Agricultural to C-3; Automotive, Commercial and Recreation.
Ordinance No. 2449NS was introduced and the title read aloud.
ORDINANCE NO. 2449NS 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: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION TWENTY (20), TOWNSHIP ELEVEN (11) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTH ALONG THE WEST BOUNDARY LINE OF SAID SECTION 20 A DISTANCE OF 466.60 FEET; THENCE EAST 208.70 FEET; THENCE SOUTH 466.60 FEET; THENCE WEST 208.70 FEET TO THE POINT OF BEGINNING REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO C-3; AUTOMOTIVE COMMERCIAL & RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
Thereupon Mayor Peterson declared Ordinance No. 2449NS duly passed and adopted.
AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance to approve a Conditional Use Permit to allow for a mobile home in A-1; Agricultural zoning for property located at 31910 Ingram Road. Case P02-11
Mayor Peterson declared a public hearing in session to consider an ordinance to approve a Conditional Use Permit to allow for a mobile home in A-1; Agricultural District. No one appeared to speak in favor of or in protest of the rezoning and the public hearing was closed.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the Conditional Use Permit to allow for a mobile home in A-1 Agricultural District at 31910 Ingram Road subject to the condition that the manufactured home shall be a new unit and of multi-sectional construction.
Ordinance No. 2450NS was introduced and the title read aloud.
ORDINANCE NO. 2450NS 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: THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (E/2 SW/4 NE/4 NE/4) OF SECTION SIXTEEN (16), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1P; AGRICULTURAL WITH CONDITIONAL USE PERMIT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”
Motion carried 7-0.
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: None
Thereupon Mayor Peterson declared Ordinance No. 2450NS duly passed and adopted.
AGENDA ITEM NO. 8: Public hearing and consideration of an ordinance restricting front yard parking in residential zones.
Mayor Peterson declared a public hearing and asked for public comments from anyone in favor or in protest of this ordinance.
The following local residents spoke in protest of the proposed ordinance:
Ronald Burnett, 145 S. Dixon
Thomas Hibben, 402 W. Federal
Darrell White, 2 Red Rock Road
Rick Cox, 1207 N. Union
No one appeared to speak in favor of the proposed ordinance.
After a lengthy discussion, Commission decided to defer any action on this ordinance pending additional information from staff.
A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to defer consideration of this ordinance until the February 7, 2011 meeting. Motion carried 7-0.
AGENDA ITEM NO. 9: Consider acceptance of public improvements for the plat of Hyatt Addition - Section II and place maintenance bonds into effect.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to accept public improvements for the plat of Hyatt Addition - Section II and place maintenance bonds into effect.
Motion carried 7-0.
AYE: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 10: Consider an ordinance establishing a technology fee and radio fee be added to every fine assessed by the Shawnee Municipal Court and providing funds for each fee.
A motion was made by Commissioner Stephens, seconded by Commissioner Harrod, that this item be deferred to the February 7th meeting to allow interim City Attorney Tracy McDaniel time to review. Motion carried
AGENDA ITEM NO. 11: Consider agreement with BlackBoard Connect, Inc. for mass notification service for the City.
Emergency Management Director Don Lynch explained the advantages of a mass notification system and it wide areas of potential usage. He stated that any published telephone number would automatically be included in the system. However, if any other means of notification such as cell phone, text message or if a resident wishes to opt out of the program they would need to contact Emergency Management to make changes.
A motion was made by Vice Mayor Sims, seconded by Commissioner Stephens, to approve the agreement with BlackBoard Connect, Inc. through June 30, 2011. Motion carried 7-0
AYE: Sims, Stephens, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 12: Discuss and consider hiring in-house attorney.
After a lengthy discussion, a motion was made by Commissioner Sims, seconded by Commissioner Collier, to continue to advertise and pursue applicants for an in-house, full time staff position for City Attorney. It was further requested that this matter be placed on the February 7th meeting for discussion and/or consideration. Motion carried 4-3.
AYE: Sims, Collier, Peterson, Smith
NAY: Stephens, Harrod, Winterringer
AGENDA ITEM NO. 13: Acknowledge Sales Tax Report received January 2011.
Finance Director Cindy Sementelli reported that sales taxes are up 10.10% over last year’s receipts. Compared to 2008 figures we are down $12,416, or less than 1%.
AGENDA ITEM NO. 14: Mid year financial review.
Ms. Sementelli also presented the mid-year financial review which indicates that Fiscal Year to Date we have a $562,113 (6.31%) favorable budget variance.
AGENDA ITEM NO. 15: Discuss and consider capital project list order and selection.
City Manager Brian McDougal presented the City of Shawnee’s list of General Capital Improvements. The list consists of 81 projects of which Mr. McDougal focused on the top 40 listed. These 40 projects will cost approximately $71,284,888.00. He asked for the Commission to approve this list so that the City can move forward in seeking funding for these projects. Mr. McDougal noted that these top 40 projects may change over time and be replaced with projects not currently included in the top 40.
A motion was made by Vice Mayor Sims, seconded by Commissioner Stephens to adopt the entire project list, as presented, as the City of Shawnee’s future Capital Improvement Projects. Motion carried 7-0.
AYE: Sims, Stephens, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 16: Consider Bids:
a. Repairs/Replacement Screw Pumps Contract No. COS-SMA-11-03 (Award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to award the Repairs/Replacement of Screw Pumps at the Northside Sewage Treatment Plant to Wynn Construction. Motion carried 7-0
AYE: Harrod, Sims, Stephens, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 17: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 18: Administrative Reports
Justin Erickson reported on the grant application regarding the Downtown Streetscape project.
Tammy Johnson reported on some changes being considered to the City’s retirement plan that will affect future employees. Some of the changes include lowering the pension formula, Rule of 80 and cost of living adjustments. Ms. Johnson further reported that staff has discussed contracting with a company to provide information regarding employee pay classifications and job descriptions. Ms. Johnson cited the large employee turnover as a reason for the job classification review. A funding source has not yet been identified to pay for the study.
Assistant Airport Manager Rex Hennen reported that the loan from the Shawnee Industrial Authority has been repaid. The loan was repaid before the end of 2010, therefore no interest was due on the loan. He further reported that the parallel taxiway project is ahead of schedule and the windows will be installed in the new terminal this week.
AGENDA ITEM NO. 19: Commissioners Comments
Commissioner Winterringer congratulated Brad Carter on the opening of Sips Downtown Kafe on Main Street.
Mayor Peterson expressed appreciation for the two meetings that were cancelled during the holiday season.
Vice Mayor Sims mentioned his personal resolutions for this year which include uniting Shawnee Public Schools and Grove School District and uniting Shawnee Economic Development Authority with Shawnee Industrial Authority. Further, the City’s Capital Improvement priorities need to be discussed as well as a final update on the Kickapoo Street Project. Vice Mayor Sims encouraged the City to look into how to fund a Court Clerk position and an additional person in Planning from the current budget.
AGENDA ITEM NO. 20: Adjournment
There being no further business to be considered, a motion was made by Vice Mayor Sims, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 7-0. (9:37 p.m.)
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