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Date: 4/28/2008Board: City CommissionDocumentType: MinutesWeb Posted: 5/20/2008 4:39:20 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SPECIAL CALLED SESSION
APRIL 28, 2008 AT 6:30 P.M.

The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Special Called Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, April 28, 2008 at 6:30 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


Absent Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Billy Collier
Commissioner Ward 4 Commissioner Ward 4

Linda Peterson Carl Holt
Commissioner Ward 5-Vice Mayor Commissioner Ward 6


ABSENT: Stephens


Others in attendance were city staff, city attorney John Canavan, Wayne Trotter of the Shawnee Sun and Amanda Gire of the Shawnee News Star.














NOTICE OF A CALLED SPECIAL SESSION OF THE
BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE,


TO THE BOARD OF COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA:

You and each of you are hereby notified that by virtue of a call issued by me on this 24th day of April, 2008, a Special Called Session will be held of the Board of Commissioners of the City of Shawnee Oklahoma in the Commission Chambers of City Hall, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on April 28, 2008, and you are hereby notified to be present at said meeting.

The purpose of said meeting will be to have discussion and consideration of an ordinance adopting a Department Head only Defined Contribution plan allowing department heads to vest immediately, discussion and consideration of an ordinance amending the Defined Contribution plan to exclude the department heads from the current defined contribution plan, consider accepting recommended proposal for Right-of-way Acquisition and Appraisal Services for the Kickapoo Street paving Project from MacArthur Street to Kickapoo Spur, and authorizing staff to negotiate contract to bring back to Commission for final approval, consider appointment of Building Code Board of Appeals members, and having a budget workshop to discuss FY08-09.


Witness my hand this 24th day of April, 2008

(SEAL)

ATTEST:

s/s Phyllis Loftis s/s James C. Collard
PHYLLIS LOFTIS JAMES C. COLLARD
CITY CLERK CITY MANAGER







STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE, SS.

I received this notice on the 24th day of April, 2008 at 3:00 o’clock p.m., and executed the same by delivering a true and correct copy thereof to the Mayor and to each of the Commissioners of the Board of City Commissioners for the City of Shawnee, Oklahoma as follows:

I delivered a true and correct copy to Mayor Mills in person at 9:00 o’clock a.m. on April 25, 2008

I delivered a true and correct copy to Commissioner Carl Holt in person at 6:50 o’clock p.m. on April 24, 2008

I delivered a true and correct copy to Commissioner Thomas Schrzan in person by Mary Jane Schrzan at 8:50 o’clock p.m. on April 24, 2008

I delivered a true and correct copy to Commissioner Marva O’Neal in person at 8:49 o’clock a.m. on April 25, 2008

I delivered a true and correct copy to Commissioner Pamela Stephens in person by Brenda Price at 9:05 o’clock a.m. on April 25, 2008

I delivered a true and correct copy to Commissioner Billy Collier in person at 9:12 o’clock a.m. on April 25, 2008

I delivered a true and correct copy to Commissioner Linda Peterson in person at 12:25 o’clock p.m. on April 25, 2008

Mayor/Commissioner(s) ___________________________________________________
could not be found in the City of Shawnee, Oklahoma on _________________________


s/s Mike Roberts
Deputy Court Clerk


CALL FOR SPECIAL SESSION OF THE SHAWNEE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA TO BE HELD ON THE 28TH DAY OF APRIL, 2008 AT 6:30 O’CLOCK P.M. IN THE COMMISSIONER CHAMBERS OF CITY HALL, 16 W. 9TH, SHAWNEE, OKLAHOMA FOR THE PURPOSE OF DISCUSSION AND CONSIDERATION OF AN ORDINANCE ADOPTING A DEPARTMENT HEAD ONLY DEFINED CONTRIBUTION PLAN ALLOWING DEPARTMENT HEADS TO VEST IMMEDIATELY, DISCUSSION AND CONSIDERATION OF AN ORDINANCE AMENDING THE DEFINED CONTRIBUTION PLAN TO EXCLUDE THE DEPARTMENT HEADS FROM THE CURRENT DEFINED CONTRIBUTION PLAN, CONSIDER ACCEPTING RECOMMENDED PROPOSAL FOR RIGHT-OF-WAY ACQUISITION AND APPRAISAL SERVICES FOR THE KICKAPOO STREET PAVING PROJECT FROM MACARTHUR STREET TO KICKAPOO SPUR, AND AUTHORIZING STAFF TO NEGOTIATE CONTRACT TO BRING BACK TO COMMISSION FOR FINAL APPROVAL, CONSIDER APPOINTMENT OF BUILDING CODE BOARD OF APPEALS MEMBERS, AND HAVING A BUDGET WORKSHOP TO DISCUSS FY08-09.

By virtue of the authority vested in me by Section 4, Article IV of the Charter of the City of Shawnee, Oklahoma, a Special Session of the Board of City Commissioners of the City of Shawnee, Oklahoma, is hereby called to meet in Commission Chambers at City Hall, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on April 28, 2008 for the purpose of discussion and consideration of an ordinance adopting a Department Head only Defined Contribution plan allowing department heads to vest immediately, discussion and consideration of an ordinance amending the Defined Contribution plan to exclude the department heads from the current defined contribution plan, consider accepting recommended proposal for Right-of-way Acquisition and Appraisal Services for the Kickapoo Street paving Project from MacArthur Street to Kickapoo Spur, and authorizing staff to negotiate contract to bring back to Commission for final approval, consider appointment of Building Code Board of Appeals members, and having a budget workshop to discuss FY08-09.

Witness my hand this 24th day of April, 2008


s/s James C. Collard
JAMES C. COLLARD
CITY MANAGER
(SEAL)

ATTEST:

s/s Phyllis Loftis
PHYLLIS LOFTIS, CITY CLERK


AGENDA ITEM NO. 1: Discussion and consideration of an ordinance adopting a Department Head only Defined Contribution plan allowing department heads to vest immediately.

City Manager Jim Collard stated that municipalities are having trouble recruiting candidates in skilled department head positions and he had spoken with Jodi Cox of the Oklahoma Municipal Retirement Fund regarding changing vesting requirements.
Ms. Cox was present at the meeting and explained the proposal to the Commission. Ms. Cox stated that the current job market is causing municipalities to re-examine their retirement plans. This proposed vesting change has occurred in the cities of Ardmore, Guymon and Mannford recently. The requested change would not affect the Defined Benefit “pension” Plan, but would only be a change to the Defined Contribution “savings” Plan. The current plan requires seven years of employment before employees will be vested and able to receive the City’s matching contribution when employment with the City ceases. The new proposal will allow department heads to “own” the City’s contribution immediately. She also noted that the City will contribute 5% to the Department Head Defined Contribution Plan and that department heads have agreed to contribute an additional 8% to the Plan as well.
It was noted by Ms. Cox that City Manager Jim Collard has requested the City Manager position be excluded from the immediate vesting change. It was Ms. Cox’s recommendation to include the City Manager as well as department heads in this change.
At the conclusion of the presentation, Ordinance No. 2347NS was introduced and read aloud.

ORDINANCE NO. 2347NS ENTITLED “AN ORDINANCE AN ORDINANCE ADOPTING AN EMPLOYEE RETIREMENT SYSTEM, DEFINED CONTRIBUTION PLAN FOR THE POSITION OF DEPARTMENT HEAD FOR THE CITY OF SHAWNEE, OKLAHOMA; 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 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 INVESTMENTS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE TREASURER OF CITY OF SHAWNEE, OKLAHOMA, AND FOR TRANSFER OF SUCH CONTRIBUTIONS AND FUND ASSETS TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE (EGTRRA); PROVIDING FOR EMPLOYER PICKUP OF REQUIRED CONTRIBUTIONS; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.”


A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to adopting a Department Head only Defined Contribution Plan with the inclusion of the position of City Manager to the new Plan as well. Motion carried 6-0.

AYE: Peterson, Holt, Schrzan, O’Neal, Mills, Collier
NAY: None

A motion was made by Vice Mayor Peterson, seconded by Commissioner Collier, that the emergency clause, be approved. Motion carried 6-0.

AYE: Peterson, Collier, Holt, Schrzan, O’Neal, Mills
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2347NS be duly passed and adopted.


AGENDA ITEM NO. 2: Discussion and consideration of an ordinance amending the Defined Contribution plan to exclude the department heads from the current defined contribution plan.

This ordinance removes department heads from the current Defined Contribution Plan.
Ordinance No. 2348NS was introduced and read into record.

ORDINANCE NO. 2348NS 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; PERTAINING TO THE DEFINITION OF EMPLOYEE; PERTAINING TO THE DIRECT TRANSFER TO OTHER RETIREMENT PLAN; PROVIDING FOR EMPLOYER PICKUP OF REQUIRED CONTRIBUTIONS; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Holt, to approve this ordinance with the inclusion of the City Manager position to this Ordinance as well. Motion carried 6-0.

AYE: Peterson, Holt, Schrzan, O’Neal, Mills, Collier
NAY: None

A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, that Section 6, the emergency clause, be approved. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Collier, Holt, Schrzan
NAY: None

Thereupon Mayor Mills declared Ordinance No. 2348NS duly passed and adopted.

AGENDA ITEM NO. 3: Consider accepting recommended proposal for Right-of-way Acquisition and Appraisal Services for the Kickapoo Street paving Project from MacArthur Street to Kickapoo Spur, and authorizing staff to negotiate contract to bring back to Commission for final approval.

City Engineer John Krywicki recommended the firm of Coates Field Services, Inc. and asked Commissioners for authorization to negotiate a contract with them. Mr. Krywicki also requested City Commission involvement in the negotiation process. Mayor Mills stated that he would be available if needed.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to accept the City Engineers recommendation of Coates Field Services, Inc., and authorizing staff to negotiate a contract to bring back to Commission for final approval. Motion carried 6-0.

AYE: Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 4: Consider appointment of Building Code Board of Appeals members.

A list of potential board members was referred to the Mayor for his review. Mayor Mills contacted the following persons and they have agreed to serve on the Building Code Board of Appeals:

Charlie Thompson John Patterson
Bob Stephens Allen Heileman
Josh Inda

A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve appointment of Building Code Board of Appeals members.

Motion carried 6-0.

AYE: Schrzan, O’Neal, Mills, Collier, Peterson, Holt
NAY: None

AGENDA ITEM NO. 5: Budget workshop discussion of FY08-09.

Dr. Collard began the budget session with a clarification regarding the allocation of the Third Penny Sales Tax. Previously, the allocation amount for Capital Projects was 38.75%. However, the Capital Improvement Fund distribution has fully funded and paid for the annual debt payment for the Big Four Projects. Actual spending for capital projects has not been the percentage displayed in historical charts.
Vice Mayor Peterson pointed out that the debt payment should be paid first before any capital projects are considered. It was noted that the debt payment for the Big Four Projects will be fully paid in 2011.

There was also discussion of the Wayfinding Study. The amount of $100,000 in the FY08-09 budget has been earmarked for this project. It was noted that the Convention and Visitors Bureau will match the City’s $100,000 and will implement the project as well.
Other capital projects discussed were the municipal pool renovation, upgrading the septic systems at parks located at Shawnee Twin Lakes, the repair of the elevator at City Hall, the construction of an ADA compliant restroom at City Hall and resurfacing tennis courts. It was also proposed to set aside $50,000 from the FY08-09 budget for the air conditioning at the Municipal Auditorium.

When discussing economic development, Commissioner Schrzan disagreed with the proposal to provide more money to the Shawnee Economic Development Foundation from money earmarked for streets. He further stated that the proposed retail study was unnecessary.

The Commission then discussed the proposed FY 08-09 Street Department budget. John Krywicki answered questions regarding the necessity to repair Airport Drive at this time. He stated the proposed repair would include a 2” mill overlay and cost approximately $320,000. It was noted that there are no road base failures on Airport Drive, although it has begun to oxidize. It was noted that traffic on this road has increased due to the Early Childhood Center and other businesses. Further, that this road will be used as an alternate route when the Kickapoo Street Widening Project begins.

Commissioner O’Neal asked about the status of the traffic count at the intersection of Bell and Farrell. It was determined that Bill Ford would turn in dates for the traffic county study to the Oklahoma Department of Transportation.

After further budget discussion, it was decided to transfer $25,000 from the ending fund balance to start the rehabilitation of the airport trails. It was estimated that 1/3 of the airport track could be completed this coming fiscal year.
Additionally, $50,000 was transferred from ending fund balances and added to the Skate Park account which will bring the total Skate Park funds to $103,000.

It was determined that the Capital and Street accounts were complete and the Commission then started the review of the General Fund.

Compensated absences have been estimated at $261,137 and a 2% cost of living increase was included for city employees.

City Manager, City Attorney, Accounting and Information Technology materials and operations budgets were reviewed.

Chief Bill Mathis presented the budgets for Police Administration, Patrol, Criminal Investigation Division, Animal Control and Dispatch.

AGENDA ITEM NO. 6: Adjournment.

There being no further business to come before the meeting, a motion was made by Commissioner Schrzan, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 6-0. (9:08 p.m.)

AYE: Schrzan, Peterson, Holt, O’Neal, Mills, Collier
NAY: None



CHUCK MILLS, MAYOR

(SEAL)
ATTEST:


PHYLLIS LOFTIS, CITY CLERK

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