Date: 4/16/2012Board: City CommissionDocumentType: MinutesWeb Posted: 5/8/2012 4:37:10 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 16, 2012 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, April 16, 2012 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

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: John Winterringer

INVOCATION Rev. Amy Perkins
United Presbyterian

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
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 14.

b. Minutes from the April 2, 2012 regular meeting and the April 9, 2012 special called meeting.

c. Budget Amendment General Fund
To bring up compensated absences from fund balance to accommodate those who left

d. Acknowledge the following minutes and reports:

• Planning Commission minutes from March 7, 2012
• License Payment report for March 1-31, 2012
• Project Payment report for March 1-31, 2012

e. Approve grant application to the “Edward Byrnes Memorial Local Grant” in the sum of $21,811 for the Shawnee Police Department, to be shared with the Pottawatomie County Sheriff’s Office.

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Consent Agenda Items a-e with one correction to April 9, 2012 Special Call Minutes. Motion carried 6-0.

AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
NAY: None

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

Mr. Phil Tomlinson spoke in opposition to Agenda Item No. 12 concerning removing the billboard moratorium.
Mr. David Romberg spoke in favor of billboards. He stated it is vital to economy and local businesses.

AGENDA ITEM NO. 4: Mayor’s Proclamation
“Community Action Month”
May 2012

Mayor Peterson read the Community Action Month Proclamation and presented the same to four representatives of the local Central Oklahoma Community Action Agency that were present to accept.

AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to Melody Chancellor.

Melody Chancellor was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal. Ms. Chancellor was present to accept and stated that she enjoyed her job and fellow employees.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance to rezone property located at 3930 N. Kickapoo Street from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation.
Case #P06-12 Applicant: Seminole Ice House, LLC Deferred from the March 19, 2012 meeting

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 3930 N. Kickapoo Street from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation. No one appeared to speak in favor or against proposed ordinance

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve an ordinance to rezone property located at 3930 N. Kickapoo Street from R-1; Single Family Residential to C-3; Automotive, Commercial and Recreation.

Ordinance No. 2476NS was introduced and the title read aloud.

ORDINANCE NUMBER 2476NS, 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 LOT FIVE (5), 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-3; AUTOMOTIVE, COMMERCIAL AND RECREATION AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Smith, Stephens
NAY: None

AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 43000 E. MacArthur from A-1; Agricultural to C-3; Automotive, Commercial and Recreation. Case #P08-12 Applicant: Langley Management Co. LLC Deferred by Planning Commission to their May 2, 2012 meeting.

It was noted that the Planning Commission has continued this item to their May 2, 2012 meeting and the City Commission will defer until after the Planning Commission has considered.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to defer the item until the May 7, 2012 City Commission Meeting. Motion Carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Smith, Stephens
NAY: None

AGENDA ITEM NO. 8: Consider approval of the final plat for Austin & Austin located in the 3800 block of north Harrison on the west side. Case #S07-12 Applicant: Landes Engineering LLC

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the final plat for Austin & Austin located in the 3800 block of North Harrison on the west side with the following conditions:

1. The applicant shall build the proposed private street to city standards and the street design shall be approved by the City Engineer prior to construction.
2. Final infrastructure plans shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
3. Prior to recording the final plat, the applicant shall submit a corrected plat for review and acceptance by the City.
4. All other applicable City standards apply, including the sidewalk requirement along Harrison Street.

Motion carried 6-0.

AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 9: Presentation of Shawnee Economic Development Foundation annual report and funding request by Tim Burg, SEDF Executive Director.

Mr. Burg presented the annual report and funding request from the Shawnee Economic Development Foundation. Mr. Burg stated that the following items are the main focus SEDF and their goal was to establish or strengthen these areas for greater economic benefits.

1. New retail efforts
2. Business expansion and retention
3. Aerospace and aviation
4. Site selectors
5. Housing
6. Communication and marketing
7. Infrastructure
8. Database and information

Mr. Burg noted that City fully funded SEDF in the current year and requested that the city continue with full funding in the next fiscal year.

AGENDA ITEM NO.10: Presentation by Finance Director for Audit RFP.

Finance Director Cindy Sementelli provided information to the Commission regarding the request for proposals from auditing firms. It was noted that the City has used Eide Bailly, LLP for several years and felt that it was time to seek proposals from other firms. Request for proposals were mailed to eight auditing firms. The City received five responses as follows:

1. Arledge & Associates
2. CBEW Professional Group
3. Cole & Reed
4. Eide Bailley
5. Stanfield and O’Dell

After staff and Crawford and Associates reviewed the proposals, it is staff’s recommendation to employ Arledge & Associates as the city’s auditors as the lowest and best bid in the amount of $23,800.00. References were checked with the cities of Edmond, Stillwater and Nichols Hills and all gave good references.

AGENDA ITEM NO. 11: Consider resolution approving sale not to exceed $9,000,000.00 Oklahoma Baptist University Authority, Student Housing Revenue Note (Oklahoma Baptist University Project) Series 2012 and waiving competitive bidding.

Resolution No. 6423 was introduced.

APPROVAL OF SALE NOT TO EXCEED $9,000,000.00 OKLAHOMA BAPTIST UNIVERSITY AUTHORITY, STUDENT HOUSING REVENUE NOTE (OKLAHOMA BAPTIST UNIVERSITY PROJECT) SERIES 2012 AND WAIVING COMPETITIVE BIDDING.

Mr. John Waldo of BOSC, Inc. stated that an authority is being created to qualify for tax exempt status for the sale of Student Housing Revenue Note and naming the City of Shawnee as beneficiary of the note. Mr. Waldo said that the intention was to borrow $8,000,000.00 from First United Bank at an interest rate of 3.23%. He further stated that the City of Shawnee assumes no liability toward this indebtedness. A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve the sale not to exceed $9,000,000.00 Oklahoma Baptist University Authority, Student Housing Revenue Note (Oklahoma Baptist University Project) Series 2012 and waiving competitive bidding. Motion carried 6-0.

AYE: Sims, Smith, Stephens, Harrod, Peterson, Collier
NAY: None

COMMISSIONER SMITH LEFT COMMISSION CHAMBERS.

AGENDA ITEM NO. 12: Consider an ordinance modifying Section 3-216 of the Shawnee Municipal Code. Deferred from March 19, 2012 City Commission meeting.

Community Development Director Justin Erickson addressed the issue and answered questions from Commissions.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve an ordinance modifying Section 3-216 of the Shawnee Municipal Code as presented.

Ordinance No. 2477NS was introduced and the title read aloud.

ORDINANCE NUMBER 2477NS, AN ORDINANCE RELATING TO NON-ACCESSORY SIGNS AMENDING SECTION 3-216 OF THE SHAWNEE MUNICIPAL CODE, PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.

Motion carried 4-1.

AYE: Harrod, Sims, Collier, Stephens
NAY: Peterson

Regarding the Emergency Clause, a motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the emergency clause. Motion fails 4-1. (Ordinance to go into effect 5/16/12)

AYE: Sims, Collier, Stephens, Harrod
NAY: Peterson

COMMISSIONER SMITH RETURNS TO COMMISSION CHAMBERS.

AGENDA ITEM NO. 13: Acknowledge Sales Tax report received April, 2012.

Ms. Sementelli reported that the most recent sales tax report shows City of Shawnee revenues up $106,000.00 from the same time frame last year.

AGENDA ITEM NO. 14: Consider Bids:

a. Converting Supplied Cab and Chassis to Wildland Firefighting Apparatus (Open)

BIDDER AMOUNT
Weis Fire and Safety Equipment Co. $64,489.00
Salina, KS

Interim Fire Chief Dru Tischer read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to defer the bid award to the May 7, 2012 City Commission meeting. Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Smith, Stephens
NAY: None

AGENDA ITEM NO. 15: 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. 16: Administrative Reports

City Attorney Mary Ann Karns reported on a recent arbitration decision regarding negotiations between the City and the IUPA Local #3 for the contract FY 2011-12. Ms. Karns reported that the arbitrator found in favor of the City’s last best offer.

Issues submitted to arbitration for resolution were:

1. Sick and Emergency Leave. The City proposed no changes. UIPA wanted increases in sick leave accrued for those working 10 hour shifts.
2. Days Off. IUPA wanted a new article that set days off for Lieutenants and Sergeants working 10 hour shifts. City rejected the article.
3. Pay Plan: City proposed a 1.5% cost of living adjustment to the Plan. IUPA requested 3%.

A final contract will be prepared in conformance with the award and provided to the parties for signatures.

Assistant Airport Manager Rex Hennen reported on the Youth Aviation Day event at the Shawnee Regional Airport this Saturday, April 21, 2012 from 8:30 a.m. to 3:30 p.m.
In response to a question from the Commission, Mr. Hennen also reported that the runway project is progressing with some weather delays. He stated the project is going well and expects completion by mid-July, 2012.

Director of Operations James Bryce reported on the Trash Off Day Event sponsored by the Great American Cleanup Oklahoma. This event invites volunteers to meet at Kidspace Park on April 21, 2012 at 9:00 a.m. to help clean up trash within the community. The city will provide safety vest, trash bags, coffee and doughnuts. Trophies will be awarded to the oldest participant, the largest group to participate and the most unusual piece of trash found.

AGENDA ITEM NO. 17: Commissioners Comments

Commissioner Harrod asked about the status of the FY2012-13 budget process and if the municipal pool repairs and the north side communication tower are being considered in the budget. City Manager Brian McDougal responded that if the Commission decides that these items should be included, staff would comply.

Commissioner Sims asked when the salary review study will be ready for presentation. Mr. McDougal stated that the study would most likely be presented at the May 7, 2012 city commission meeting.

Mayor Peterson asked about the homeless issue in the downtown area. City Attorney Karns replied that the issue is complicated and is a problem for every municipality, large or small. Municipal Code Corporation, in conjunction with the city’s upcoming code recodification, is doing research on this subject to see if anything can be done to alleviate the problem. Commissioner Sims noted that the Shawnee Rescue Mission received a significant grant and intended to house the homeless overnight. Mr. Erickson confirmed that the directors of the Shawnee Rescue Mission have not met with the City to make application for the proper zoning for this type of property use.

Commissioner Smith asked Emergency Management Director Don Lynch if any progress has been made to identify any additional storm shelters within the City of Shawnee. Mr. Lynch responded that he had obtained a list of “fall-out” shelters that dated back to the 1960’s, but had not yet checked the properties listed.
It was further noted that during the recent tornado in Woodward, Oklahoma, electrical powered storm sirens did not operate because electricity was lost prior to the tornado. Mr. Lynch indicated that of the city’s 21 warning sirens, 15 are battery operated and the other 6 are being retrofitted for battery operation. Commissioner Sims urged staff to move forward with the purchase of the battery kits for the 6 remaining sirens.
Commissioner Sims also requested staff contact Sequoyah School to urge them to reconsider closing their shelter to the public.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 6-0. (7:54 p.m.)

AYE: Harrod, Smith, Stephens, Sims, Peterson, Collier
NAY: None



LINDA PETERSON, MAYOR

ATTEST:



PHYLLIS LOFTIS, CMC, CITY CLERK

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