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Date: 3/2/2009Board: City CommissionDocumentType: MinutesWeb Posted: 3/17/2009 8:52:56 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
MARCH 2, 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, March 2, 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

Pam Stephens 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:

INVOCATION REV. DAVID HENRY CALVARY BAPTIST CHURCH

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Agenda. Motion carried 7-0.

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

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

a. Minutes from the February 17, 2009 meeting

b. Budget Amendment for General Fund, Capital Improvement Fund, and SMA

c. Appropriation of Fund Balance and for General Fund, CDBG, SMA, and SAA for workers’ comp costs

d. Acknowledge the following minutes:

• Airport Advisory Board minutes from January 21, 2009
• Traffic Commission minutes from November 25, 2008
• Shawnee Urban Renewal Authority minutes from January 6, 2009
• Shawnee Civic and Cultural Development Authority from January 15, 2009

e. Request authorization to advertise for bids the FY08-09 Concrete Rehab Streets Project.

f. Acceptance of the Vanguard Addition public improvements, i.e. paving, water, and sanitary sewer, and placing Maintenance Bonds into effect.

g. Approve Agreement for the Sub-Grant of Emergency Management Performance Grant Program Funds

h. Acknowledge correction of clerical error on Ordinance No. 2393NS. Correction to show zoning C-3P; Automotive, Commercial and Recreational with a Conditional Use Permit.

i. Traffic Commission Recommendations

A. Consideration of request from Anita Codopony, member of the Westside Neighborhood Watch, 626 West Kirk, Shawnee, OK, to:
1. Install a crosswalk on the corner of Kickapoo and Burns; and
2. Install a crosswalk warning signs on the corner of Kickapoo and Burns.

RECOMMENDATION: Board recommends denial

B. Consideration of request from Delores Peltier, 33908 Belcher Road, Shawnee, OK, to pay for the monthly electrical charges for having a street light placed by OG&E at the northwest corner of Highway 102 and Belcher Road.

RECOMMENDATION: Board recommends approval as requested and recommends an additional street light be installed on the southeast corner of the intersection.

C. Consideration of request from Police Chief Russell Frantz, City of Shawnee, P.O. Box 1448, Shawnee, OK, to pay for the monthly electrical charges for having a street light place by OG&E at the dead end block of South Broadway.

RECOMMENDATION: Board Recommends approval.

D. Consideration of request from Police Chief Russell Frantz, City of Shawnee, P.O. Box 1448, Shawnee, OK, to pay for monthly electrical charges for having a street light placed by OG&E at the dead end of the alley between the 800 block of South Bell and South Union.

RECOMMENDATION: No recommendation is required.

Before voting on the Consent Agenda, Mayor Peterson requested that Agenda Item No. 2(c), be pulled for separate consideration. Commissioner Harrod also requested Agenda Item No. 2(b, d, & e), be pulled as well.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve the Consent Agenda Item No. 2(a-i), less (b, c, d, & e) as presented. Motion carried 7-0.

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

City Manager Brian McDougal asks to defer Consent Agenda Item No. 2(c) concerning Appropriation of Fund Balance and for General Fund, CDBG, SMA, and SAA for workers’ compensation costs until the April 6th City Commission meeting.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to defer Appropriation of Fund Balance and for General Fund, CDBG, SMA, and SAA for workers’ compensation costs until the April 6th City Commission meeting. Motion carried 7-0.

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

In consideration of Consent Agenda Item No. 2(b), regarding the Budget Amendment for General Fund, Capital Improvement Fund and SMA, Commissioner Harrod asked about the transfer of money from the Planning Department to the Code Enforcement Department. City Treasurer/Finance Director Neva Treiber explained that this transfer was requested by the Planning Director who had additional monies in his planning budget and had determined a need for those funds in Code Enforcement.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Budget Amendment for General Fund, Capital Improvement Fund, and SMA as presented. Motion carried 7-0.

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

Regarding Consent Agenda Item No. 2(d), the Airport Advisory Board minutes of January 21, 2009, Commissioner Harrod had questions regarding the lease of Wave Technology. Assistant Airport Manager Rex Hennen addressed the item explaining that the Urban Warfare/Wave Technology group lease expired in February and they have requested to rent on a month-to-month basis. Mr. Hennen also reported that Wave Technology expects to remain in the building until the end of June, 2009.
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve Consent Agenda Item 2(d), Airport Advisory Board minutes. Motion carried 7-0.

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

Regarding Consent Agenda Item No. 2(e), Commissioner Harrod asked City Engineer John Krywicki if his request for authorization to advertise for bids the FY08-09 Rehab Concrete Streets Paving Project is a budgeted project. Mr. Krywicki responded that it was a budgeted project in current fiscal year.
A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to advertise for bids the FY08-09 Rehab Concrete Streets Paving Project. Motion carried 7-0.

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

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

There was no citizen participation.

AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentation:

“Arbor Day”
March 26, 2009
(accepted by James Bryce)

“Municipal Government Week”
(accepted by Brian McDougal)

“Emergency Management Week in Oklahoma”
March 1-7, 2009
(accepted by Don Lynch)

Presentation of Certificates of Appreciation to members of the Citizens Emergency Management Team


AGENDA ITEM NO. 5: Presentation of Shawnee Convention and Visitor Bureau Annual Report and Budget by Gordona Rowell, Executive Director.

Gordona Rowell, Executive Director of the Shawnee Convention and Visitors Bureau, presented their annual report. Ms. Rowell reported that local hotel occupancy was at the lowest level since 2002, although figures indicate the area fared better than the national average. Shawnee has 627 hotel and motel rooms available with additional hotels expected.

Ms. Rowell also reported that the CVB hired an additional staff member last year and of their intent to locate and purchase land on or close to I-40 on which to construct a Visitors’ Bureau.

AGENDA ITEM NO. 6: Discuss and consider an ordinance amending the Employee Retirement System, Defined Benefit Plan of the City of Shawnee, Oklahoma, to incorporate the final IRC Section 415 Regulations and Provisions of the Pension Funding Equity Act; and amending the Defined Contribution Plan of the City of Shawnee, to incorporate the Final IRC Section 415 Regulations; and amending the Defined Contribution Plan for the position of Department Head and City Manager of the City of Shawnee, to incorporate the final IRC Section 415 Regulations; providing for effective date, providing for repealer and severability; and declaring an emergency.

The City’s retirement program through OMRF is periodically reviewed by the IRS. After this year’s review, the IRS recommended changes in plan language to the retirement program offered to the City. Since the City has more than one plan, OMRF (Oklahoma Municipal Retirement Fund) has incorporated the various amendments into one ordinance. The changes reflect the required regulatory changes which have been reviewed and approved by the OMRF Board of Trustees. The amendment will not change the plan designed or benefit structure for the City of Shawnee employees.

Ordinance No. 2397NS was introduced and read aloud.

ORDINANCE NO. 2397NS ENTITLED “AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN OF THE CITY OF SHAWNEE, OKLAHOMA, TO INCORPORATE THE FINAL IRC SECTION 415 REGULATIONS AND PROVISIONS OF THE PENSION FUNDING EQUITY ACT; AND AMENDING THE DEFINED CONTRIBUTION PLAN OF THE CITY OF SHAWNEE, TO INCORPORATE THE FINAL IRC SECTION 415 REGULATIONS; AND AMENDING THE DEFINED CONTRIBUTION PLAN FOR THE POSITION OF DEPARTMENT HEAD AND CITY MANAGER OF THE CITY OF SHAWNEE, TO INCORPORATE THE FINAL IRC SECTION 415 REGULATIONS; PROVIDING FOR EFFECTIVE DATE, PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to adopt the Title and Ordinance No. 2397NS. Motion carried 7-0.

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

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve emergency clause. Motion carried 7-0.

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

Thereupon Mayor Peterson declares Ordinance No. 2397NS duly passed and adopted.

AGENDA ITEM NO. 7: Consider Bids:

a. Replacement of pool main drain, pool mechanical equipment and above grade piping. (Award)

The Commission discussed with Interim Director of Operations James Bryce the need for a Solid State Motor Control (soft start) which was included in the bids as an Add Alternate bid. A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the bid for replacement of pool main drain, pool mechanical equipment and above grade piping be awarded to Sunbelt Pools, Inc., Dallas, TX, in the amount of $242,651.00, as the lowest and best bid, with direction to James Bryce to negotiate a change order for the soft start motor control. Motion carried 7-0.

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


AGENDA ITEM NO. 8: 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. 9: Administrative Reports

City Engineer John Krywicki reported on the progress made by Coates Field Services regarding the right-of-way purchases on property located on Kickapoo Street. Mr. Krywicki stated that to date, 32 letters of offer had been sent out with the total amount of $73,010 being offered thus far. Remaining appraisals should be completed by March 13th, and an additional 49 letters of offer to be sent out subsequently. All property owners are being offered fair market value for their rights-of-way and are given thirty days to consider the offer.

Chief Information Officer Stephen Nolen reported that the Oklahoma Government Information Technology Association (OGITA) will be meeting for a conference at the Heart of Oklahoma Exposition Center on March 26, 2009.

Treasurer/Finance Director Neva Treiber reported on the status of the 2007-2008 audit. She stated that the financial information has been completed by Crawford and Associates and is now in the hands of auditors Eide Bailey. Once the audit is finalized she will give Commissioners a chance to review prior to formal presentation. Responding to a question from Commissioner Sims regarding the audit being filed in a timely manner in the future, she stated that she will be requesting a CPA level employee in the next budget year which she feels will alleviate the need for outside assistance from Crawford and Associates.
Regarding the upcoming 2009-10 budget process, Ms. Treiber reported that she is projecting revenues as flat.

City Manager Brian McDougal reported on the on-going discussion with Municipal Finance Corp. regarding water rates. Mr. McDougal stated that the City is taking a broader view of the situation and is checking water rates in comparison to capital needs. He specifically noted that the schedule of projects may need to be extended out over a longer term.


AGENDA ITEM NO. 10: Commissioners Comments

Commissioner Carl Holt asked about the increase in outstanding municipal court warrants. He asked that an administrative report be given at the next City Commission meeting addressing the issue and any action the City may be considering to correct it.

Commissioner Frank Sims apologized to former Airport Advisory Board member Bill Beck for the confusion surrounding a recent airport board appointment. He also thanked Mr. Beck for his past and continued service to that board.

In addressing the same subject, Commissioner Harrod suggested that a letter of resignation always be obtained before an appointment is made to ensure that an actual vacancy exists.
Commissioner Harrod also spoke regarding the street lights at 1-40 and Harrison Street stating that the City needs to make arrangements with ODOT for service.

Mayor Peterson announced a Commissioners’ Retreat scheduled for the evening of March 11th and March 12th from 8:00 a.m.to 3:00 p.m. The retreat will be held at Lake Tenkiller.
The Mayor then spoke of the Veterans’ Memorial and was informed that the City is still completing the requirements needed to be placed on a waiting list for a military artifact.
Mayor Peterson reported on information received at the recent Oklahoma Municipal League luncheon. She learned the Economic Stimulus funds that may be available for infrastructure projects will be received in the form of grants or loans. Other topics discussed at the luncheon were the loss of retail sales tax through internet sales and 911 and E911 funding.

AGENDA ITEM NO. 11: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Stephens, seconded by Commissioner Holt, that the meeting be adjourned. Motion carried 7-0. (8:10 p.m.)

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




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK


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