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Date: 1/20/2009Board: City CommissionDocumentType: MinutesWeb Posted: 2/3/2009 8:54:14 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 20, 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, Tuesday, January 20, 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

Absent Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Stephens, Harrod

INVOCATION REV. KEITH WARD New Life World Outreach Center

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Holt, seconded by Commissioner Sims, to approve Agenda as presented. Motion carried 5-0.

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

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the January 5, 2009 meeting

b. Budget Amendment SMA Fund 501
To budget for meter reader vehicle repair from insurance proceeds and to add replacement of backwash valve at the water plant

c. Acknowledge the following reports and minutes:
• Shawnee Urban Renewal Authority minutes from November 4, 2008
• Shawnee Beautification Committee minutes from December 1, 2008
• Planning Commission minutes from December 3, 2008
• Sales Tax Collections February 2007-January 2009

d. Authorize staff to begin the bid process on the Renovation of the Pool Main Drain, Mechanical Equipment, and Above Grade Piping.

e. Mayor’s Appointment of Chuck Mills to the Shawnee Airport Advisory Board to replace Bill Beck, term to expire 7/1/10.

f. Authorize staff to purchase three (3) Ford Crown Victoria at the state purchasing price of $29,987.00 each for a total cost of $89,961.00 including complete police package, from Bob Hurley Ford Government Sales.

g. Final Acceptance of Construction Project to Reconstruct a Portion of the Apron Serving Hangars 13 and 49, COS Project No. COS-PW-07-09, FAA AIP Project No. 3-40-0088-012-2008: and Place Maintenance Bond in Effect.

h. Acceptance of various City Paving Contracts and placing maintenance bonds into effect on COS-PW-07-05, COS-PW-07-06, and COS-PW-07-07.

i. Confirm Interim City Managers authorization to declare an emergency for collapsed sewer line replacement and manhole repairs at 220 W. Kirk.

Before voting on the Consent Agenda, it was requested that Consent Agenda Item No. 2(a & e) concerning the minutes from the January 5, 2009 meeting, and the Mayor’s appointment of Chuck Mills to the Shawnee Airport Advisory Board to replace Bill Beck, be considered separately.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to approve Consent Agenda Item No. 2(b-i), less (a & e), as presented. Motion carried 5-0.

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

In regard to Agenda Item No. 2(a), concerning the minutes of January 5, 2009, Consent Agenda Item No. 2(f) needs a correction to one of the appointments made by Mayor Peterson. Workforce Investment Board should have read Local Elected Officials Consortium of the East Central Workforce Investment Area.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to approve noted change of Workforce Investment Board to Local Elected Officials Consortium of the East Central Workforce Investment Area. Motion carried 5-0.

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

Under Consent Agenda Item No. 2(e), concerning Mayor’s appointment of Chuck Mills to the Shawnee Airport Advisory Board, was motioned by Commissioner Holt, seconded by Commissioner Collier, to be deferred until the February 16th City Commission meeting. Motion carried 5-0.

AYE: Holt, Collier, Winterringer, Sims, Peterson
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: Interim City Managers presentation of Employees of the Month to Diane Beesley, Rhonda Masquat, Lisa Moody, Wanda Hill and Gaila Hatler, all of the Finance Department.

Interim City Manager Phyllis Loftis presented a plaque and certificate to Diane Beesley, Rhonda Masquat, Lisa Moody, Wanda Hill, and Gaila Hatler, Finance Department, as the January employees of the month, in recognition of their excellent dedication and service to the City of Shawnee.
Ms Beesley, Ms Masquat, Ms Hill, and Ms Hatler were present to accept.

AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property from R-E; Rural Estates to C-3: Automotive, Commercial and Recreation for property located at 39206 W. MacArthur. (Applicant: Brian Mahaffey) Case #P01-09

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 39206 W. MacArthur.
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 sit is adjacent to two C-3 zoned areas that are also owned by MacArthur Storage. While the property does directly abut a residential area to the west, screening will be required in accordance with Section 604.8 of the Shawnee Zoning Code at the time of building permit issuance. Rezoning the site to C-3 will facilitate expansion of the existing storage business and will form a logical border and boundary for the C-3 zoned properties in this vicinity. Staff recommends approval of the request to rezone the property from Re to C-3 as submitted by Mr. Brian Mahaffey.
No others appeared and the public hearing was closed.

Ordinance No.2392NS was introduced and read aloud.

ORDINANCE NO.2392NS 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 A POINT 1484 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SECTION TWO (2), TOWNSHIP TEN (10) NORTH, RANGE THREE (3) EAST; THENCE NORTH 435.66 FEET EAST 60 FEET; THENCE SOUTH 435.66 FEET; THENCE WEST 60 FEET TO THE POINT OF BEGINNING. ACCORDING TO THE RE-CORDED PLAT THEREOF, REZONING FROM RE; RURAL ESTATES TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION DISTRICT AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Holt, seconded by Commissioner Sims, that the title and Ordinance No.2392NS be approved. Motion carried 5-0.

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

Thereupon Mayor Peterson declared Ordinance No.2392NS duly passed and adopted.

AGENDA ITEM NO. 6: Presentation by Sean Hendrix with Allegiance Communications regarding cable television rate increase.

Sean Hendrix Vice-President of Operations with Allegiance Communications presented the new rate schedule for cable services. He explained the cost of doing business had risen in the past year. The company has enhanced their customer service and improved programming.

AGENDA ITEM NO. 7: Presentation by Sean Hendrix of Allegiance Communications regarding retransmission consent as mandated by the FCC and update status on local digital readiness.

The changeover from analog to digital signal should not affect customers. Allegiance Communications is ready to meet the February 17 deadline for the switchover to digital broadcast. Broadcasters are asking for a fee from the cable companies for retransmission of broadcast for local channels and some packages. This fee would be per customer and could cause a rate increase in the cable fees on top of the new rate schedule.


AGENDA ITEM NO. 8: Consider recommendation from the Community Services Contract Review Committee to approve a contract with the Shawnee Youth Athletic Association for care and use of the ball fields at Lions Club Park.

The contract was given to Russ Oliver of the SYAA to review and consider later in the meeting.

CITY COMMISSION WILL DISCUSS AGENDA ITEM NO. 8 LATER IN THE MEETING

AGENDA ITEM NO. 9: Consider a resolution allowing the expenditure of $50,000.00 for improvements at Woodland Veterans’ Park to honor veterans.

Resolution No. 6345 was introduced and read aloud.
RESOLUTION NO. 6345 ENTITLED “A RESOLUTION OF THE CITY OF SHAWNEE, OKLAHOMA, ALLOTTING FUNDS TO BE USED FOR IMPROVEMENTS AT THE CITY PARK KNOWN AS WOODLAND VETERANS PARK; ACKNOWLEDGING THE SHAWNEE VETERANS MEMORIAL COMMITTEE ARE THE PERSONS BEST QUALIFIED TO DETERMINE HOW TO EXPEND SAID FUNDS AND WHICH IMPROVEMENTS TO MAKE, ALL WITH THE UNDERSTANDING THAT SAID IMPROVEMENTS WILL BECOME AND REMAIN THE PROPERTY OF THE CITY OF SHAWNEE, OKLAHOMA.”
A motion was made by Commissioner Collier, seconded by Commissioner Holt, that Resolution No.6345 be approved. Motion carried 5-0.
AYE: Collier, Holt, Sims, Peterson, Winterringer
NAY: None

AGENDA ITEM NO. 10: Supplemental Budget Amendment Economic Development Fund 104.

To budget for $50,000 pledge to the Veterans’ Memorial in Woodland Veterans’ Memorial Park. Deferred from 1/05/09

Commissioner Sims would like to wait and have the money as a line item in the FY 09-10 budget rather than move it in this year budget since the money won’t be used until the next fiscal year. He is concerned that the money budgeted for the Shawnee Economic Development Foundation might be needed before the fiscal year is completed.
Commissioner Collier stated we need to get this money confirmed for this project now. The money is available from the Shawnee Economic Development Foundation because it was budgeted for three employees in their reorganization. The SEDF has just now hired one employee and the other two positions have not been filled, so the money is not needed at this time for the reason it was requested.

A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to approve Supplemental Budget Amendment Economic Development Fund 104 of $50,000 to the Veterans’ Memorial in Woodland Veterans’ Memorial Park. Motion carried 4-1.

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

AGENDA ITEM NO. 11: Consider approving participation in the bid agreement with the Housing Authority of the City of Tulsa for off-site fleet fueling.

Mark Roberts, Fleetcor’s Business Manager of Bids and Contracts has submitted to the City of Shawnee a proposed Fuel Service Contract using the bid agreement, terms, and conditions of the contract with the City of Tulsa Housing Authority. Staff has determined that it is in the City’s best interest to approve recommendation due to the competitive terms, pricing, and services offered by Fleetcor under the City of Tulsa Housing Authority Contract No. A-008-036-2963.

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve bid agreement with the Housing Authority of the City of Tulsa for off-site fleet fueling. Motion carried 5-0.

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

AGENDA ITEM NO. 12: Consider an agreement with FleetCor Technologies to provide off-site fleet fueling for city vehicles.

A motion was made Commissioner Holt, seconded by Commissioner Sims, to approve an agreement with FleetCor Technologies to provide off-site fleet fueling for city vehicles. Motion carried 5-0.

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

AGENDA ITEM NO. 13: Consider a resolution declaring certain fire equipment obsolete and surplus to the needs of the City of Shawnee and the Shawnee Fire Department and donating said equipment to the Town of Earlsboro to be used for fire protection.

Resolution No.6346 was introduced and read aloud.

RESOLUTION NO.6346 ENTITLED “A RESOLUTION DECLARING CERTAIN FIRE EQUIPMENT OBSOLETE AND SURPLUS TO THE NEEDS OF THE CITY OF SHAWNEE AND THE SHAWNEE FIRE DEPARTMENT, AND PROVIDING FOR THE DONATION OF SAID FIRE EQUIPMENT TO THE TOWN OF EARLSBORO TO BE USED FOR FIRE PROTECTION.”

A motion was made by Commissioner Sims, seconded by Commissioner
Winterringer, that Resolution No.6346 be approved. Motion carried 5-0.

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

AGENDA ITEM NO. 14: Consider a resolution renewing Ordinance No. 1396NS the “Nine-One-One Emergency Number Ordinance” for the period of January 1, 2009 to December 31, 2011.

Resolution No.6347 was introduced and read aloud.

RESOLUTION NO.6347 ENTITLED “A RESOLUTION RENEWING ORDINANCE NO. 1396NS THE “NINE-ONE-ONE EMERGENCY NUMBER ORDINANCE” FOR THE PERIOD OF JANUARY 1, 2009 TO DECEMBER 31, 2011.”

A motion was made by Commissioner Winterringer, seconded by Commissioner Collier, that Resolution No.6347 be approved. Motion carried 5-0.

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

THE COMMISSION WILL NOW CONTINUE THE DISCUSSION OF AGENDA ITEM NO. 8

Upon completing the review of contract, it was requested that an amendment be made to item 10 of the contract. Just a couple of changes need to be made. 1) Shawnee School District should be changed to (Shawnee Area Schools), and the sponsoring of sports in the last sentence should be changed to: (the use of these fields for). The corrected paragraph (10) will read as follows:

The SYAA agrees to provide activities, primarily for Shawnee Area Schools and City of Shawnee youth, within age groups designated by the SYAA, without discrimination as to race, religion, color, creed, sex or national origin. Said activities will include leagues for all levels of play to include open and recreational leagues, for all sports. Under normal conditions, SYAA activities will not be scheduled to start after the hours of 10:30 p.m., on Sundays through Thursdays, and 11:00 p.m. Fridays through Saturdays. SYAA acknowledges that the use of these fields for sports other than baseball and softball could require the SYAA and the City to meet with other entities sponsoring those sports to reach an agreement beneficial to both SYAA and the other sponsoring entity prior to the start of the sport’s season.

A motion was made by Commissioner Sims, seconded by Commissioner
Winterringer, to approve contract with noted changes with the Shawnee Youth Athletic Association for care and use of the ball fields at Lions Club Park. Motion carried 5-0.

AYE: Sims, Winterringer, Holt, Peterson, Collier
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

Phyllis Loftis, Interim City Manager, reported the water rate study was completed and meetings were being held to discuss the information that was gathered. Staff had been meeting and teleconferencing with John Wolf regarding this study. Ms. Loftis advised she will probably be bringing a recommendation for a water rate increase. This will be done by ordinance at a later meeting.
John Krywicki, City Engineer, announced the $198,000 grant for the trails’ plan to Saint Gregory’s was still available. Also, Stephanie Canada, State Teacher of the Year from Shawnee School System, had applied for a “Safe Routes to School” grant for Shawnee in the amount of $62,700 and that grant had been approved. Oklahoma Department of Transportation was also granted 80% funding of bridge inspection.


AGENDA ITEM NO. 17: Consideration and possible action to enter into an Executive Session to discuss pending litigation styled: City of Shawnee v. H.U.B. etal., CJ-06-236, all in the District Court of Pottawatomie County, Oklahoma, pursuant to 25 O.S. Sec. 307 (B)(4) on the recommendation of counsel.

A motion was made by Commissioner Sims, seconded by Commissioner
Winterringer, to go into Executive Session to consider and discuss pending litigation styled: City of Shawnee v. H.U.B. etal., CJ-06-236, all in the District Court of Pottawatomie County, Oklahoma, pursuant to 25 O.S. Sec. 307 (B)(4) on the recommendation of counsel.
Motion carried 5-0.

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:48 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 8:44 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 18: Consideration and possible action on pending litigation styled City of Shawnee v. H.U.B. etal., CJ-06-236, all in the District Court of Pottawatomie County, Oklahoma.

No action was taken at this time.

AGENDA ITEM NO. 19: Commissioners Comments

Mayor Peterson thanked the Dunbar Heights Community Group and the Galilee Baptist Church for the Martin Luther King celebration

AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 5-0. (8:46 p.m.)

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



LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

DONNA MAYO,
ACTING CITY CLERK


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