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Date: 10/19/2009Board: City CommissionDocumentType: MinutesWeb Posted: 11/3/2009 8:38:14 AM
View Multi Media Files associated with this meeting


BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 19, 2009 AT 6:35 P.M.
IMMEDIATELY FOLLOWING THE SHAWNEE MUNICIPAL
AUTHORITY MEETING – ITEM NO. 4


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, October 19, 2009 at 6:35 p.m., immediately following the Shawnee Municipal Authority Meeting pursuant to notice duly posted as prescribed by law. Vice Mayor Stephens presided and called the meeting to order. Upon roll call, the following members were in attendance.

Absent
Mayor

Pam Stephens Absent
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Peterson, Sims, Holt

INVOCATION DON LYNCH
Emergency Management Director

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, to approve Agenda. Motion carried 4-0.

AYE: Winterringer, Harrod, Collier, Stephens
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 19

b. Minutes from the October 5, 2009 meeting

c. Acknowledge the following minutes:

• Planning Commission minutes from September 2, 2009
• Shawnee Urban Renewal Authority minutes from September 1, 2009

d. Authorize staff to purchase two (2) 2009 Ford 4X4 Expeditions from Bob Hurley Ford Government Sales, at the state purchasing price of $31,984 each for a total cost of $63,968, including complete police package.

e. Acknowledge vacancy on the Airport Advisory Board

f. Lake Site Lease Transfer and Renewals:

Transfer:

• Lot 6 Green Tract, 32009 Hornbeck Road
From: B. Fellows and J. Fellows
To: T. Roe and G. Roe

Renewals:

• Lot 13 Damron Tract, 15600 Highway 102
J. Knox

• Lot 6 Renfro Tract, 15812 Sleepy Hollow
L. Hinkle

• Lot 6 Belcher Tract, 15411 Nickens Road
C. Hopkins

• Lot 5 Bodkin, 15816 Bodkin Road
L. Gallagher

• Lot C North School, 15500 Patterson Road
R. Spears

g. Confirm action taken by Shawnee Municipal Authority on SMA Agenda Item Number 3 regarding a SMA resolution adopting an “Identity Theft Prevention Program” to comply with Federal Regulations relating to Red Flags and “Identity Theft Prevention Program Rules”; and authorizing the City Manager to approve modifications to the program as needed.

A motion was made by Commissioner Collier, seconded by Commissioner Harrod, to approve Consent Agenda Item 2(a-g) as presented. Motion carried 4-0.

AYE: Collier, Harrod, Winterringer, Stephens
NAY: None

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

Mike Little, of Westchester Building Systems, came before the Commission seeking the City’s support for an application to HUD concerning the Native American Housing Services, Inc., which is a senior housing project. Rick Gowin, also of Westchester Building Systems, asked for the City’s support regarding an application to HUD for the Faith 7 Activity Center to provide the second phase of housing for the developmentally disabled.
The Commission informed Mr.Little and Mr. Gowin that their requests would be considered at the next city commission meeting on November 2nd.

AGENDA ITEM NO. 4: Mayor’s Proclamations:

"Oklahoma Business Womens Week"
October 18-24, 2009
(accepted by Katherine Zeller)

“Red Ribbon Week”
October 26th - 30th
(accepted by Police Chief Russell Frantz)

“Pancreatic Cancer Awareness Month”
November 2009
(accepted by Colleen King)

“Weatherization Month”
October 2009
and
“Weatherization Day”
October 30
(accepted by Phil Hudson)

AGENDA ITEM NO. 5: Presentation by Tina Johnson, County Health Administrator, on the flu season.

Tina Johnson, administrative superintendent of the Pottawatomie County Health Department, presented a brief report concerning the seasonal flu and the H1N1virus. She pointed out that a decrease in the number of doses are available for the seasonal flu, but interested parties can still receive one at the health department clinic. A small amount of the vaccine will be available until the end of November. No more will be available after that time. No identifiable cases of the seasonal flu have been reported.
As for the H1N1, Pottawatomie County did not show a significant growth in reported cases, but neighboring counties such as Oklahoma and Seminole counties recorded an increase of 25 percent or more beginning the week of October 3 and the week beginning Oct. 10. Of the 327 confirmed cases which have required hospitalization, 208 were under the age of 19; there were 42 patients admitted to Intensive Care Units, and 6 reported deaths. Once the vaccine becomes available, it will first be administered to school aged children, pregnant women and medical health care providers.

AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance to amend part of the Legacy Park Planned Unit Development to allow for an assisted living facility for property located at 1703 North Airport Drive. Case #P16-09 (Applicant: Terry Carty)

Vice Mayor Stephens declared a public hearing in session to consider an ordinance to amend part of the Legacy Park Planned Unit Development located at 1703 North Airport Drive.
Vice Mayor Stephens asked if any person wished to appear in favor of or in protest of the ordinance.
Community Development Director Justin Erickson gave the staff report noting that the subject site is part of the Legacy Park PUD that was approved in 2004. The site is approximately 2.77 acres and fronts Airport Drive. Legacy Park PUD was approved in 2004 and includes three phases. Phase 1 was completed in 2006 and the preliminary plat for Phase III was approved in June, 2009 with the intention of constructing 28 residential dwelling units in the near future. The approved PUD called for a majority of the subject site to be devoted to commercial/professional office uses consistent with the C-2 Zone. The applicant now wishes to develop this site into residences which, when completed, will create a pedestrian network within the Legacy Park complex. The zoning request was approved by the Planning Commission. Staff recommends approval to amend Legacy Park PUD to permit residential uses consistent with the R-3 Zone.
Terry Carty, the applicant and co-developer, appeared to answer any questions of Commissioners. He stated the project would be 60 units constructed for assisted living and 40 units developed for memory care residents.

Ordinance No. 2411NS was introduced and read aloud.

ORDINANCE NO. 2411NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING USES ALLOWED IN A SPECIFIC PLANNED UNIT DEVELOPMENT (PUD) PREVIOUSLY CREATED; AMENDING ORDINANCE NO. 2173NS TO ALLOW RESIDENTIAL USE IN THE PHASE II DEVELOPMENT OF THE P.U.D. CREATED BY SAID ORDINANCE.”

A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, that the Title and Ordinance No. 2411NS be approved. Motion carried 4-0.

AYE: Collier, Winterringer, Stephens, Harrod
NAY: None

Thereupon Vice Mayor Stephens declared Ordinance No. 2411NS duly passed and adopted.

AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance to rezone property from C-1; Neighborhood Commercial and R-3; Multi Family to C-3; Automotive, Commercial and Recreation for property located at 4200 North Harrison. Case #P17-09
(Applicant: John Patterson)

Vice Mayor Stephens declared a public hearing in session to consider an ordinance to rezone property located at 4200 North Harrison from C-1; Neighborhood Commercial and R-3; Multi Family to C-3; Automotive, Commercial and Recreation.
Vice Mayor Stephens asked if any person wished to appear in favor of or in protest of the rezoning.
Staff report was given by Justin Erickson who stated that rezoning this property to C-3; Automotive, Commercial and Residential is consistent with the City’s Comprehensive Plan. This request was approved by the Planning Commission.

Ordinance No. 2412NS was introduced and read aloud.

ORDINANCE NO. 2412NS 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: LOTS ONE (1), TWO (2) AND THREE (3) AND A PART OF LOT FOUR (4) DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT FOUR (4); THENCE S01°27’40”E A DISTANCE OF 309.87 FEET; THENCE S89°26’29”W A DISTANCE OF 156.89 FEET; THENCE N01°27’40”W A DISTANCE OF 309.87 FEET; THENCE N89°26’29”E A DISTANCE OF 156.89 FEET TO THE POINT OF BEGINNING, COUNTRY GROVE ESTATES, BEING A RE-PLAT OF BLOCK THREE (3), WILLIAMS ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING FROM C-1; NEIGHBORHOOD COMMERCIAL AND R-3; MULTI FAMILY RESIDENTIAL TO C-3; AUTOMOTIVE, COMMERCIAL AND RECREATION DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the Title and Ordinance No. 2412NS be approved. Motion carried 4-0.

AYE: Harrod, Collier, Winterringer, Stephens
NAY: None

Thereupon Vice Mayor Stephens declared Ordinance No. 2412NS duly passed and adopted.

AGENDA ITEM NO. 8: Public hearing and consideration of an ordinance to rezone property from A-1; Agricultural to R-1; Single Family Residential for property located at 1905 North Bryan. Case #P18-09
(Applicant: Nelmon Brauning obo Dao and Cynthia Nguyen)

Vice Mayor Stephens declared a public hearing in session to consider an ordinance to rezone property located at 1905 North Bryan from A-1; Agricultural to R-1; Single Family Residential.
Vice Mayor Stephens asked if any person wished to be in favor of or in protest of the rezone.
Community Development Director Justin Erickson stated that the proposed rezone is currently zoned A-1; Agricultural. The subject site is approximately 5.0 acres proposed to facilitate future residential development. Bradley Street will be extended along the south boundary of the property during construction of the final phase of the plat of Windmill Ridge. At that time, the site will be readily served by public roads and public infrastructure (water, sewer). The applicant has no immediate plans for development at this time and Staff is recommending approval to rezone the subject property from A-1 to R-1; single family residential. This request was approved by the Planning Commission.
No others appeared and the public hearing was closed.

Ordinance No. 2413NS was introduced and read aloud.

ORDINANCE NO. 2413NS 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: THE SOUTH HALF (S/2) OF LOT FOURTEEN (14), CROSE’S ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, REZONING FROM A-1; AGRICULTURAL TO R-1; SINGLE FAMILY RESIDENTIAL, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, that the Title and Ordinance No. 2413NS be approved. Motion carried 4-0.

AYE: Winterringer, Harrod, Collier, Stephens
NAY: None

Thereupon Vice Mayor Stephens declared Ordinance No. 2413NS duly passed and adopted.

AGENDA ITEM NO. 9: Consideration of approval of a preliminary plat and a final plat for Windmill Ridge West Section 4 located North of Independence and East of Bryan Street. Case #S05-09 and Case #S06-09
(Applicant: Windmill Development LLC)

The subject site is approximately 20 acres in size and 9.4 acres will be developed as residential lots, while the remaining 10.6 acres will remain undeveloped as open space. The approved PUD calls for a majority of the subject site to be devoted to residential purposes consistent with the R-3 Zone (multi-family). The applicant now wishes to develop the subject tract into 30 single-family residences. Single-family residences are permitted in the R-3 Zone and the proposed “down-zoning” will not negatively impact the neighborhood or change the overall character of the Windmill Ridge PUD.
Staff recommends approval of the proposed Windmill Ridge West Section 4 Preliminary and Final Plats as submitted by the applicant, subject to the following four conditions:

1. Section 40.2.9 of the Shawnee Subdivision Regulations shall be met. A fire hydrant or other alternative approved by the City shall be located within 30 feet of all planned residences.
2. Construction shall occur only in accordance with construction plans approved by the City Engineer.
3. All other requirements of the Shawnee Subdivision Standards shall be met.
4. The extension of Bradley Street as shown on the submitted construction plans shall be completed by the applicant prior to acceptance and recording of the final plat. The waterline shall also be extended to Bryan Street in accordance with the submitted plans prior to acceptance and recording of the final plat.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve final plat for Windmill Ridge West Section 4 located North of Independence and East of Bryan Street subject to the (4) conditions. Motion carried 4-0.

AYE: Harrod, Winterringer, Stephens, Collier
NAY: None

AGENDA ITEM NO. 10: Consider an ordinance relating to registration of residential contractors and establishing a fee for registration.

Ordinance No. 2414NS was introduced and read aloud.

ORDINANCE NO. 2414NS ENTITLED “AN ORDINANCE RELATING TO REGISTRATION OF RESIDENTIAL CONTRACTORS; CREATING A NEW SECTION OF LAW TO BE CODIFIED AT SECTION 7-33, ARTICLE II, CHAPTER 7 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA REQUIRING ALL RESIDENTIAL CONTRACTORS TO REGISTER WITH THE CITY OF SHAWNEE PURSUANT TO 11 O.S.§43-109.2 AND ESTABLISHING A FEE OF THIRTY DOLLARS ($30.00) FOR REGISTRATION AND SUBSEQUENT UPDATES WITH THE CITY; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

Pursuant to state law, 11 O.S. §43-109.2, the City now requires residential contractors to provide proof of general liability insurance and workman’s compensation insurance at the time a residential building permit is applied for. A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the Title and Ordinance No. 2414NS be approved. Motion carried 4-0.

AYE: Harrod, Collier, Winterringer, Stephens
NAY: None
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that Section 6, the emergency clause, be approved. Motion carried 4-0.

AYE: Harrod, Collier, Winterringer, Stephens
NAY: None

Thereupon Vice Mayor Stephens declared Ordinance No. 2414NS duly passed and adopted.

AGENDA ITEM NO. 11: Discussion regarding Planning Commission recommendations for Kickapoo Street. From October 5, 2009 meeting

Planning Commission members Chris Silvia and Louis Maltos addressed the Commission to discuss some of their areas of concern regarding the Kickapoo Street Widening Project. Mr. Silvia stated that the Oklahoma Department of Transportation has been contacted about their concerns. He said that ODOT said it was not too late to make changes to the project, however, it may place federal aid at risk. Mr. Maltos stressed that they do not want to stop the project, but are looking at functionality and safety.
City Manager Brian McDougal stated that while there is a possibility some changes could be made, he would not be in favor of changing the design if it put state funding in jeopardy.
Commissioner Harrod stated he would prefer to go forward with the plan we have now, noting that this plan has been in place over ten years.
City staff was directed to meet with Planning Commission members to see if there were any areas of compromise that would not delay the project or result in a loss of funding.

AGENDA ITEM NO. 12: Consider Commercial Lease Agreement with Allegiance Communications for lease of a portion of Airport property located at 1821 Airport Drive.

Assistant Airport Manager Rex Hennen explained the proposed commercial lease with Allegiance Communications. Due to some required remodeling, including the repair of a roof leak and meeting Americans with Disabilities Act regulations, Allegiance will pay the up front costs of these improvements. When work is completed and the actual costs are calculated, that amount will be divided by 60 and the monthly rate for the first five years of the lease will be reduced by that amount. It was also noted that the lease property description on the lease provided at the meeting has changed to allow Allegiance to lease only the west building at this time. If approved, a corrected lease will be provided.
Mr. Woody Wood, local Allegiance manager, said that this location would be hiring additional employees to staff positions in Accounts Payables, Customer Services and legal services.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the commercial lease agreement with Allegiance Communications, with the noted change. Motion carried4-0.

AYE: Harrod, Collier, Stephens, Winterringer
NAY: None

AGENDA ITEM NO. 13: Acknowledge Sales Tax Report through October 2009

Interim Finance Director Stephen Nolen noted that the sales tax collections are down for the third month in a row, with a deficit of $116,409 fiscal year to date for the current budget year. He noted that staff is watching the situation closely and that only required purchases are being made at this time.

AGENDA ITEM NO. 14: Consider a resolution adopting an “Identity Theft Prevention Program” to comply with Federal Regulations relating to Red Flags and “Identity Theft Prevention Program Rules”; and authorizing the City Manager to approve modifications to the program as needed

Resolution No. 6362 was introduced and read aloud.

RESOLUTION NO. 6362 ENTITLED “A RESOLUTION ADOPTING AN “IDENTITY THEFT PREVENTION PROGRAM” TO COMPLY WITH FEDERAL REGULATIONS RELATING TO RED FLAGS AND “IDENTITY THEFT PREVENTION PROGRAM RULES”; AND AUTHORIZING THE CITY MANAGER TO APPROVE MODIFICATIONS TO THE PROGRAM AS NEEDED.”

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that Resolution No. 6362 be approved. Motion carried 4-0.

AYE: Harrod, Collier, Winterringer, Stephens
NAY: None

AGENDA ITEM NO. 15: Consider an ordinance amending the Oklahoma Municipal Retirement Fund Department Head-City Manager Only defined contribution retirement plan to update as approved by the IRS.

Ordinance No. 2415NS was introduced and read aloud.

ORDINANCE NO. 2415NS ENTITLED “AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED CONTRIBUTION PLAN FOR THE POSITION OF DEPARTMENT HEAD OR CITY MANAGER FOR THE CITY OF SHAWNEE, OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT PLAN; 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 RETIREMENT 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 OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE; AND DECLARING AN EMERGENCY.

A motion was made by Commissioner Winterringer, seconded by Commissioner Collier, that the Title and Ordinance No. 2415NS be approved. Motion carried 4-0.

AYE: Winterringer, Collier, Stephens, Harrod
NAY: None

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that Section 7, the emergency clause, be approved. Motion carried 4-0.

AYE: Harrod, Winterringer, Stephens, Collier
NAY: None

Thereupon Vice Mayor Stephens declared Ordinance 2415NS duly passed and adopted.

AGENDA ITEM NO. 16: Consider an ordinance amending the Oklahoma Municipal Retirement Fund defined contribution plan to update as approved by the IRS.

Ordinance No. 2416NS was introduced and read aloud.

ORDINANCE NO. 2416NS ENTITLED “AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED CONTRIBUTION PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT PLAN; 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 RETIREMENT 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 OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE; AND DECLARING AN EMERGENCY.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the Title and Ordinance No. 2416NS be approved. Motion carried 4-0.

AYE: Harrod, Winterringer, Stephens, Collier
NAY: None

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that Section 7, the emergency clause, be approved. Motion carried 4-0.

AYE: Harrod, Winterringer, Stephens, Collier
NAY: None

Thereupon Vice Mayor Stephens declared Ordinance No. 2616NS duly passed and adopted.

AGENDA ITEM NO. 17: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Virginia Roberson.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined contribution plan for Virginia Roberson. Motion carried 4-0.

AYE: Harrod, Collier, Winterringer, Stephens
NAY: None

AGENDA ITEM NO. 18: Consider a resolution accepting an agreement with the Oklahoma Department of Transportation for a certain Federal-aid Project Number STP-163E(336)EH, State Job Number 26882(04), to be used for beautification of the median at the Interstate 40 and Harrison Street interchange.

Resolution No. 6363 was introduced and read aloud.

RESOLUTION NO. 6363 ENTITLED “A RESOLUTION ACCEPTING AGREEMENT WITH THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR A CERTAIN FEDERAL-AID PROJECT TO BE USED FOR BEAUTIFICATION OF THE MEDIAN AT THE INTERSTATE 40 AND HARRISON INTERCHANGE.”

A motion was made by Commissioner Winterringer, seconded by Commissioner Collier, that Resolution No. 6363 be approved. Motion carried 4-0.

AYE: Winterringer, Collier, Stephens, Harrod
NAY: None

AGENDA ITEM NO. 19: Consider Bids:

a. Sewer Line Repair at 1500 N. Market and 700 N. Tucker (Award)

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the bid for Sewer Line Repair at 1500 N. market and 700 N. Tucker be awarded to Krapff Reynolds, Oklahoma City, in the amount of $65, 800, as the lowest and best bid. Motion carried 4-0.

AYE: Harrod, Winterringer, Stephens, Collier
NAY: None

b. Cutting and mowing of rank weeds, and the clean-up of trash and/or debris (Award)

A motion was made by Commissioner Winterringer, seconded by Commissioner Harrod, to award Cutting and Mowing of Rank Weeds, and the Clean-up of Trash and/or Debris, to G&G Services, Shawnee, Ok, as the lowest bid. Motion carried 4-0.

AYE: Winterringer, Harrod, Collier, Stephens
NAY: None

c. Lease/Purchase One 84HP Tractor/Loader/Backhoe (with Alternate Trade-in) (Open)

Three bids were received and read into record as follows:

C.L. Boyd Company
Oklahoma City, OK

Total cost minus trade in to Finance $48,270.00
Annual Payment based on 2 years with no Residual $26,826.05
Annual Payment based on 3 years with no Residual $18,198.47
Interest Rate
(2 year) 3.4%
(3 year) 3.5%





Central New Holland
Oklahoma City, OK

Total cost minus trade in to Finance $52,443.00
Annual Payment based on 2 years with no Residual $27,225.13
Annual Payment based on 3 years with no Residual $18,245.60
Interest Rate
(2 year) 3.28%
(3 year) 3.65%


Dinsmore Tractor Sales, Inc
Shawnee, OK No Bid

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the bids for lease/purchase tractor/loader/backhoe (with alternate trade-in), be deferred to staff and recommendation at the next City Commission meeting. Motion carried 4-0.

AYE: Harrod, Collier, Winterringer, Stephens
NAY: None

d. Surplus Property at 435 South Lincoln, Shawnee, Oklahoma Legal: Lots 9-14 in Block 1 of Templeton-Riggs and Kennards Addition to City of Shawnee (Open)

The one bid received did not meet the minimum amount bid requirement and therefore staff is recommending the commission reject the bid.
A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, that the bid received for surplus property at 435 South Lincoln, Shawnee, OK, be rejected for not meeting minimum bid requirement. Motion carried 4-0.

AYE: Collier, Winterringer, Stephens, Harrod
NAY: None

AGENDA ITEM NO. 20: 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. 21: Administrative Reports

City Manager McDougal reported to Commissioners on the Pottawatomie County Development Authority’s recent request of funds from the City of Shawnee and the City of Tecumseh. At this time, Mr. McDougal has requested financial information from PCDA. He will keep the Commission advised regarding this issue.
Mr. McDougal further reported that Stephen Nolen, in his capacity as Chief Information Officer of the Information Technology department, will design a program that will track city contracts and alert each affected department before the expiration of contracts.
Utility Director Jim Bierd reported that the City’s loan application will be on the Oklahoma Water Resource Board’s December agenda. He further reported that the City is still using water from Wes Watkins with no problems reported.

AGENDA ITEM NO. 22: Commissioners Comments

Commissioner Harrod expressed his appreciation to the Planning Commission members for their input regarding Kickapoo Street. He stated that he didn’t want to sound negative, but he does not want anything to delay the project.
Commissioner Harrod further spoke of a recent editorial in the Shawnee News Star discussing the Citizens’ Advisory Committee on Sustainability. The editorial erroneously reported that the City Commission did not vote in favor of establishing the Committee. Commissioner Harrod pointed out the error and stated that the City Commission did, in fact, vote in favor of the formation of that committee.
Vice Mayor Stephens directed staff to include an item for discussion on the next Commission meeting agenda regarding the formation of a “Citizens’ Advisory Board”, a group that will examine broader issues than the Citizens’ Advisory Committee on Sustainability.
Commissioner John Winterringer congratulated the Shawnee Wolves football team for their currently unbeaten season, and wished them good luck for future games.

AGENDA ITEM NO. 23: Adjournment

There being no further business to be considered, a motion was made by
Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 4-0. (8:10 p.m.)

AYE: Harrod, Winterringer, Stephens, Collier
NAY: None


PAMELA STEPHENS,
VICE MAYOR



(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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