Date: 8/17/2009Board: City CommissionDocumentType: MinutesWeb Posted: 9/9/2009 1:08:58 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 17, 2009 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, August 17, 2009 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

Absent Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Stephens

INVOCATION Don Lynch, City of Shawnee
Emergency Management Director

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Agenda. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt
NAY: None

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 11.

b. Minutes from the August 3, 2009 meetings

c. Acknowledge the following reports and minutes:

• Planning Commission minutes from July 1, 2009
• Shawnee Beautification Committee minutes from July 6, 2009
• Shawnee Urban Renewal Authority minutes from July 7, 2009
• License Payment Report from July 1 through July 31, 2009
• Project Payment Report from July 1 through July 31, 2009
• Airport Advisory Board minutes from May 20, 2009
• Sales Tax Collection Report through August 2009

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Consent Agenda Item No. 2 (a-c), as presented. Motion carried 6-0.

AYE: Harrod, Holt, Sims, Peterson, Collier, Winterringer
NAY: None

AGEND ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Linda Agee, concerned citizen, spoke regarding the expansion of home sites in the Shawnee Twin Lakes area. She is particularly concerned regarding those lots located on school land citing the Commissioners of the Land Office’s intent to open an additional 24 undeveloped lots. Ms. Agee urged the Commission to continue to keep the protection of the water supply a priority.
Annette Stuckey, a resident of the North School Tract on Shawnee Twin Lake spoke regarding the leasees’ desire to lease directly from the Commissioners of the Land Office. She urged the Commission not to renew the lease with the School Land Commission.
Also speaking in agreement with Ms. Stuckey was school land resident Keith McBroom.
David Boardman spoke regarding the Vietnam Veterans’ moving wall which will be displayed in Woodland Veterans’ Park Thursday, August 20th through Monday, August 24th. Opening ceremonies will be held on August 21st. Also speaking regarding the moving wall was Tom Smith.
Brian Scott, representing the Citizen Potawatomi Nation, spoke regarding the intention to petition for de-annexation on a tract of land located in the southwest quarter of Section 32, described as 18600 Harrison Road. Mr. Scott will bring the issue before Commissioners for consideration at the September 8th or 22nd meeting.

AGENDA ITEM NO. 4: Mayor’s presentation of Certificate of Appreciation to John Holt for his six years of service to the Planning Commission.

Mayor Peterson presented a certificate to John Holt in recognition of his excellent and dedicated service to the Shawnee Planning Commission for six years.
Mr. Holt was present to accept.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property from R1; Single Family Residential to C-2; Suburban Office for property located at 3954 N. Kickapoo. Applicant: Kurt Kalies Case #P11-09

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 3954 N. Kickapoo from R-1; Single family residential to C-2; Suburban Office.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given and it was noted that the subject property is currently zoned R-1; single-family residential, the applicant is requesting C-2; suburban office commercial; to allow conversion of the existing residence into a medical office use. The applicant owns the lot immediately north and south of the subject site along Kickapoo Street which was rezoned C-2 in 2008. The proposed C-2 zoning designation is consistent with the Shawnee Comprehensive Plan and Staff recommends approval of the request.
No others appeared and the public hearing was closed.

Ordinance No. 2405NS was introduced and read aloud.

ORDINANCE NO. 2405NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: LOT SEVEN (7), BLOCK ONE (1), COLLEGE VIEW ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; REZONING SAID PROPERTY FROM R-1; SINGLE FAMILY RESIDENTIAL TO C-2; SUBURBAN OFFICE; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, that the Title and Ordinance No. 2405NS be approved. Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Winterringer, Holt
NAY: None

Thereupon Mayor Peterson declared Ordinance No. 2405NS duly passed and adopted.

AGENDA ITEM NO. 6: Presentation by John Waldo of Oppenheim Financial regarding funding options.

Financial Advisor John Waldo of the Oppenheim Company gave a report to Commissioners regarding the city’s financial condition and debt capacity. Mr. Waldo noted that the City has not assumed additional debt over the years, but has continued purchasing with the pay-as-you-go method. This has left the City in good financial standing.
Mr. Waldo outlined some of the methods available to the City in the event additional funding is sought. Those methods include General Obligation bonds and increasing sales tax, which require a vote of the people, and loans from the Oklahoma Water Resources Board, which would require an increase in water rates before a loan would be considered.
It is Mr. Waldo’s opinion the City of Shawnee would received an “A” category bond rating due to its previous conservative stance regarding the incurrence of debt.

AGENDA ITEM NO. 7: Presentation of monthly financials.

Interim Finance Director Stephen Nolen discussed the sales tax report recently received. This report represents revenues during the month of June, 2009. Mr. Nolen noted that revenues are slightly down over what was expected.
He further noted that all capital projects costing over $5,000 are being sent to the City Manager for prior approval. Staff is maintaining a conservative approach to the budget until it can be determined that revenues will allow for budgeted expenditures.

AGENDA ITEM NO. 8: Consider Governmental Cooperative Agreement with the Citizen Potawatomi Nation regarding housing.

Dr. James Collard and Dr. Robert Carlile appeared before the Commission to answer questions. This agreement between the City of Shawnee and the Citizen Potawatomi Nation is to provide quality housing for the elderly and the poor and provide for cooperation between the City and the Nation in the development and administration of low income housing.
This agreement affects only land held in trust and for all other projects not on trust land, the Citizen Potawatomie Nation Housing Division shall comply with all applicable city ordinances.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to adopt Governmental Cooperative Agreement with the Citizen Potawatomi Nation regarding housing. Motion carried 6-0.

AYE: Harrod, Collier, Winterringer, Holt, Sims, Peterson
NAY: None

AGENDA ITEM NO. 9: Consider a resolution casting a vote for one trustee of the Oklahoma Municipal Retirement Fund to fill the expiring term of the trustee-at-large.

Resolution No. 6360 was introduced and read aloud.

RESOLUTION NO. 6360 ENTITLED “A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, CASTING A VOTE FOR ONE TRUSTEE OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND TO FILL THE EXPIRING TERM OF THE TRUSTEE AT LARGE.”

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the Title and Resolution No. 6360 be approved. Motion carried 6-0.

AYE: Harrod, Holt, Sims, Peterson, Collier, Winterringer
NAY: None
AGENDA ITEM NO. 10: Discussion and possible action regarding renewal or nonrenewal of the City's lease with the Commissioners of the Land Office on Shawnee Lake No. 1.

Community Development Director Justin Erickson, addressed the Commission regarding this item. He informed that his intention was to introduce this issue to the Commission to allow them time to consider before an ordinance was prepared. The lease with the Commissioners of the Land Office expires at the end of December, 2009, therefore a decision regarding the renewal or non-renewal of the lease would need to be made in September. Mr. Erickson stated that on April 30, 2009, he attended a meeting of school land leaseholders, along with City Manager Brian McDougal and City Commissioner Frank Sims, where the residents of the school land leases voted unanimously to lease directly from the state.
Mr. Erickson stated that city staff has no knowledge of any additional development planned at the lake by the Commissioners of the Land Office. He stressed the City would continue to be involved with any changes to lake lots, including replatting and zoning code revisions.
A motion was made by Commissioner Sims, seconded by Commissioner Holt, to have staff prepare an ordinance to facilitate the transfer of lake leases to the Commissioners of the Land Office. Motion carried 5-1.

AYE: Sims, Holt, Peterson, Collier, Winterringer
NAY: Harrod

AGENDA ITEM NO. 11: Consider Bids:

a. One (1) 43 HP Tractor/Loader/Backhoe/4x4 (with Alternate Trade In) (Award)

Due to receiving only one bid, James Bryce, Interim Director of Operations is requesting to re-bid the 43 HP Tractor/Loader/Backhoe/4x4.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the re-bidding of one (1) 43 HP Tractor/Loader/Backhoe/4x4 (with Alternate Trade In). Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt
NAY: None


b. One (1) Remote Control Slope Mower (Award)

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to award bid for One (1) Remote Control Slope Mower, to P&K Equipment, Norman, OK, as the lowest and best bid in the amount of $40,000.00. Motion carried 6-0.

AYE: Holt, Collier, Winterringer, Sims, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 12: 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. 13: Administrative Reports

Assistant Airport Manager Rex Hennen gave an update regarding the EDA grant process for a new airport terminal building. A letter of award was received at the end of July, and staff is now completing final requests in order to comply with all requirements.
Utilities Director Jim Bierd announced that the City of Shawnee has been totally using and successfully treating water from the Wes Watkins reservoir since the second week of July. All DEQ levels have been within normal ranges. Mr. Bierd stated that we will continue to pull water from the Wes Watkins reservoir for approximately one more month.
City Manager Brian McDougal spoke about recent meetings with large water users regarding water rate increase. He stated that most meetings had gone well, with consumers accepting that the City cannot provide for future infrastructure needs without a rate increase.
Mr. McDougal also stated that the City is very close to closing on the Regional Park property.
City Clerk Phyllis Loftis announced an Open Meeting/Open Records workshop August 31, 2009 at Tecumseh City Hall. This workshop is hosted by Attorney General Drew Edmondson.
City Engineer John Krywicki stated that his costs estimate regarding a signalization project between the Citizen Potawatomi and Pottawatomie County is $170,000.
He further announced that 46 parcels of right-of-way have been secured for the Kickapoo Street widening project. He indicated that there are an additional 18 parcels which will be referred to him from Coates Field Services and then ultimately given to City Attorney John Canavan for further action.

AGENDA ITEM NO. 14: Consideration and possible action to enter into executive session for confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. Section 307(B)(4).

A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to enter into executive session to consider confidential communications with legal counsel regarding the pending matters of Alan Borcherding v. City of Shawnee, Case No. CIV-08-1171-R, United States District Court for the Western District of Oklahoma and Alan Borcherding v. City of Shawnee Police Department, WCC# 2008-06364-K, Oklahoma Workers’ Compensation Court, including discussion of current status of each claim and legal representation of each claim upon the advice of legal counsel that public disclosure would seriously impair the ability of the public body to process the pending claims in the public interest all as authorized by 25 O.S. Section 307(B)(4). Motion carried 6-0.

AYE: Collier, Winterringer, Holt, Sims, Harrod, Peterson
NAY: None

CITY COMMISSION NOW ENTERS EXECUTIVE SESSION AT 8:31 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 10:30 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 15: Consideration and possible action on items discussed in executive session.

No action taken at this time.

AGENDA ITEM NO. 16: Commissioners Comments

Commissioner Holt reported that Mr. Tom Shepard notified him that he appreciates the lights in the parking lot behind the Hornbeck Theatre being back on.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 6-0. (10:34 p.m.)

AYE: Harrod, Holt, Sims, Peterson, Collier, Winterringer
NAY: None

LINDA PETERSON,
MAYOR


(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK





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