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Date: 1/19/2010Board: City CommissionDocumentType: MinutesWeb Posted: 2/2/2010 9:07:48 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 19, 2010 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 19, 2010 at 6:35 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. LARRY SPARKS
NEW BEGINNINGS CHURCH
FLAG SALUTE

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to recess to convene Shawnee Municipal Authority to consider Agenda Item No. 3 concerning a Resolution for financing water system improvements with the Oklahoma Water Resources Board. Motion carried 7-0.

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

RECESS BOARD OF CITY COMMISSIONERS AT 6:37 P.M. TO CONVENE SHAWNEE MUNICIPAL AUTHORITY

CITY COMMISSION RECONVENES AT 6:40 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 1: Consider approval of Agenda:

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

AYE: Harrod, Winterringer, Holt, Stephens, Sims, Peterson, Collier
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 16.

b. Minutes from the January 4, 2010 meeting

c. Transfer of Appropriation FY2009-2010 SMA

d. Transfer of Appropriation FY2009-2010 General Fund

e. Budget Amendment FY2009-2010 ODOC NSP Program Fund

f. Acknowledge the following minutes and reports:

• Planning Commission minutes from December 2, 2009
• Shawnee Beautification Committee minutes from December 7, 2009
• Shawnee Urban Renewal Authority minutes from November 3, 2009
• Shawnee Public Library Advisory Board minutes from November 3, 2009
• Sister Cities Council minutes from November 10, 2009
• Project Payment Report through December 31, 2009
• License Payment Report through December 31, 2009

g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan and the CMO-DH plan for Kellie Howard.

h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Brandon Huskins.

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Kirk Harvey.

j. Confirm action taken by Shawnee Municipal Authority regarding a resolution agreeing to file applications with the Oklahoma Water Resources Board for financial assistance through the Drinking Water State Revolving Fund Program, with the loan proceeds being for the purpose of financing water system improvements serving the City of Shawnee, Oklahoma; and containing other provisions related thereto.

k. Acknowledge expiration of Shawnee Civic and Cultural Development Authority Trustee Carl Packwood, first full term.

l. Acknowledge expiration of Beautification Committee members Jim Smith – first partial term, Robert Cash – first partial term, Kaye Miller – first partial term.

m. Acknowledge resignation of Tom Claybrook from the Beautification Committee.

n. Acknowledge expiration of Traffic Commission member Reuben Peltier, first full term. Mr. Peltier request to be replaced.

o. Acknowledge Mayor’s Appointments:
NAME BOARD TERM EXPIRES
Randy Floyd Tourism Advisory 12/31/2012
Kirit Chandra Tourism Advisory 12/31/2011

p. Authorize fire department to purchase a 2010 Chevrolet Tahoe Command vehicle at a cost of $29,610 from the state bid price.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2(a-p) as presented. Motion carried 7-0.

AYE: Harrod, Collier, Winterringer, Holt, Stephens, 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: City Manager presentation to Employees of the Month:

City Manager Brian McDougal, with assistance from Interim Director of Operations James Bryce and Street Superintendent Frank Loman, presented certificates of appreciation to the following individuals in recognition of their excellent and dedicated service in keeping roads clear and machinery in working condition during the Christmas blizzard.
Streets: Traffic: Garage: Parks:
Victor Suarez Don Heaps Robbie Frentz Terry Moore
Tony Cagle Charlie Oden Michael Bertram
Tim Dibler Kelly Navrath
Gary Gum Brian Woodall
Gary Jelsma Dustin Ballard
Perry McAlister
Daniel Murrell
Kelvin Pike
John Purdon

Commissioner Holt also recognized James Bryce and Frank Loman for their service during the blizzard.

AGENDA ITEM NO. 5: Presentation of the City of Shawnee Audited Financial Statements for the year ended June 30, 2009.

City Commissioners acknowledged the presentation of the City of Shawnee Audited Financial Statements for the year ended June 30, 2009 given by Ms. Vanessa Dutton of Eide Bailly. Ms. Dutton stated the financial and compliance audit resulted in an unqualified (clean) opinion. Further, that the audit was submitted to the State of Oklahoma by the deadline of December 31, 2009. In Ms. Dutton’s report, it was noted that the city’s net assets increased by $2.8 million dollars. Government Funds fund equity decreased by $1.9 million due to expenditures exceeding revenues. However, increases of $1.2 million fund equity was shown in the Municipal and Airport Authority funds.
Ms. Dutton noted three prior period adjustments of an omitted capital asset, the correction of an overstated capital lease and the correction of overstated grant receivable.
Ms. Dutton thanked city staff and Crawford & Associates for their assistance in the audit preparation.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 1100 E. Wayne from R-3; Multi Family to C-1; Neighborhood Commercial.
(Applicant: Roy Reece) Case #P24-09
Deferred from December 7, 2009 meeting

Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 1100 E. Wayne.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the rezone.
Community Development Director Justin Erickson gave the staff report noting that on December 2, 2009 the Planning Commission voted to rezone the proposed property zoned R-3; Multi-Family to C-1; Neighborhood Commercial. It was noted that the subject site is situated in a residential area and C-1 zoning would be more appropriate for the proposed property use. Staff recommends approval of the request to rezone the subject property from R-3 to C-1.

No others appeared and the public hearing was closed.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Harrod, to approve the rezoning of property located at 1100 E. Wayne from R-3; Multi-Family to C-1; Neighborhood Commercial.
Ordinance No. 2422NS was introduced and read aloud.

ORDINANCE NO. 2422NS ENTITLED “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 BEGINNING AT A POINT 715 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SECTION SEVENTEEN (17), TOWNSHIP TEN (10) NORTH RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTHERLY 140 FEET TO A POINT 717.7 FEET EAST AND 140 FEET NORTH OF SAID SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4); THENCE EAST 50 FEET; THENCE SOUTH 140 FEET; THENCE WEST 52.7 FEET TO THE POINT OF BEGINNING, REZONING SAID PROPERTY FROM R-3; MULTI FAMILY TO C-1; NEIGHBORHOOD COMMERCIAL AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”


Motion carried 7-0.

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

Thereupon Mayor Peterson declared Ordinance No. 2422NS duly passed and adopted.

AGENDA ITEM NO. 7: Presentation and consideration of a Letter of Intent and Approval to Proceed with Audit for Performance Contracting Program with Siemens Industry, Inc.

Ron Roller of Siemens Industry, Inc. presented a proposal regarding a performance based contract designed to improve the City’s water utility infrastructure and operational efficiencies through a fixed based automated meter reading system. The Letter of Intent would allow Siemens to conduct a detailed audit, which will evaluate accuracy of water meters, feasibility of automatic meter-reading system, and water/waste-water conservation opportunities.
The objectives to be assessed in the audit would be to provide efficiency improvements to help reduce operating and energy costs; replace or upgrade existing equipment which will improve water meter accuracy.
In order to accomplish the audit, Siemens will remove 100 existing water meters and install 100 new direct-read Neptune 5/8” water meters; transport and test the 100 meters removed; survey the large commercial meters, analyze meter-testing results and include a list of meter sizes and locations for those surveyed.
Upon completion Siemens will prepare a detailed audit report complete with the program costs and savings. In the event that the audit indicates that the City will see benefits and savings from the automated meter reading system, Siemens will provide to the City a Performance Contracting Agreement (PCA). If the City agrees to go forward with the project, the costs associated with the audit can be incorporated into the price of the PCA. However, if Siemens provides a PCA that complies with the Statute and the City does not execute a PCA with Siemens within 45 days of receipt, then the City agrees to pay Siemens $65,000 for the detailed audit services provided.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve a Letter of Intent and Approval to Proceed with Audit for Performance Contracting Program with Siemens Industry, Inc. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider lease agreements with Air Flite, Inc., for the lease of portions of Airport property located at 2304 Airport Drive and 2320 Airport Drive.
Deferred from January 4, 2010 meeting

A motion was made by Commissioner Sims, seconded by Vice Mayor Stephens, to accept lease agreements with Air Flite, Inc., for the lease of portions of Airport property located at 2304 Airport Drive and 2320 Airport Drive. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Consider a resolution of support to the Oklahoma Department of Transportation for the placement of an interchange/exit at the I-40 and Bryan Street junction.


A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to table the consideration of this resolution until more information is received regarding annexation issues and pending the review of a previous study relating to placing an interchange at from Interstate 40 at Acme Road. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider an ordinance establishing an annual fee for investor-owned utilities or rural cooperatives based on their gross proceeds or gross receipts collected in an “affected area” within the city following an approved agreement by the Oklahoma Corporation Commission.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that Ordinance No. 2423NS be approved.

Ordinance No. 2423NS was introduced and read aloud.

ORDINANCE NO. 2423NS ENTITLED “AN ORDINANCE ESTABLISHING AN ANNUAL FEE FOR INVESTOR-OWNED UTILITY OR RURAL ELECTRIC CO-OPERATIVES BASED ON THEIR GROSS PROCEEDS OR GROSS RECEIPTS; ESTABLISHING THE REQUIREMENTS FOR UTILITY OR RURAL ELECTRIC CO-OPERATIVES TO BE ASSESSED A FEE; SETTING THE AMOUNT OF THE FEE AT THREE PER CENT (3%) OF THE GROSS PROCEEDS OR GROSS RECEIPTS OF EACH INCLUDED BUSINESS; DEFINING “AFFECTED AREA” FOR PURPOSES OF FEES; ESTABLISHING PENALTIES FOR NON-PAYMENT; AND ESTABLISHING A FIRST AND PRIOR LIEN FOR FAILURE TO PAY THE FEE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

Motion carried 7-0.

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

No motion was made on Section 9, the Emergency Clause.

Thereupon Mayor Peterson declared Ordinance No. 2423NS duly passed and adopted.

AGENDA ITEM NO. 11: Discuss and consider purchase of fingerprint and photo ID equipment for use by Shawnee Police Department and transfer of budget between projects within the capital improvement fund 301 to fund purchase.

The purchase of fingerprint and photo ID equipment could help reduce the City of Shawnee’s rise in jail costs. This equipment will allow the police to transport arrestees to the Police Department to be pictured and printed allowing the suspect’s information to be directly added in the police data base. The suspect would be given a citation and released to appear in court, saving the City a daily jail charge. Felony suspects, intoxicated suspects and those that must post bond will be processed or jailed through the Pottawatomie Public Safety Center.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve Police Department purchase of fingerprint and photo ID equipment for use by Shawnee Police Department and transfer of budget between projects within the capital improvement fund 301 to fund purchase. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Presentation of Sales Tax Report through January 2010 and action plan for remaining 2009-10 budget.

Interim Finance Director Stephen Nolen and City Manager Brian McDougal reported on the most recent sales tax report received from the Oklahoma Tax Commission. This report shows a $210,873.00 decrease over amounts collected in the same time frame last year.
Mr. Nolen presented the Standardized Industrial Classification. This report categorizes the various types of businesses that remit sales tax. Comparisons made through previous months show that all sectors of retail sales are down.
Mr. McDougal explained that the Management Team has met to discuss various options, including furlough, in an effort to meet this year’s budget projections. Although many options were discussed, it was decided that a hiring and wage freeze should be implemented immediately. Further, all non-union city employees will take the President’s Day holiday in February and the Memorial Day holiday in May as non-paid holidays. Staff will continue to monitor the city’s budget and make additional personnel decisions as warranted.

AGENDA ITEM NO. 13: Consider acceptance of public water and sanitary facilities improvements for Jackson’s First Addition (Bradley and Elm) and place maintenance bonds into effect.

The developer has completed all public water and sanitary facilities improvements in accordance with City of Shawnee Specification and Standards, and the project is ready for acceptance.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve public water and sanitary facilities improvements for Jackson’s First Addition (Bradley and Elm) and place maintenance bonds into effect. Motion carried 7-0.

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

AGENDA ITEM NO. 14: Discuss setting time and place for public hearing on solid waste contract.

Commissioners agreed to set the public hearing to discuss the solid waste contract on February 9th at 6:30 p.m. at the Shawnee Community Center located at 804 S. Park.

AGENDA ITEM NO. 15: Discuss and consider establishing Shawnee Twin Lakes committee and discuss the scope of duties and responsibilities of committee.

Community Development Director Justin Erickson spoke regarding this item. He stated that the proposed scope of this committee would be in the area of lake zoning issues, ordinance changes, future services, lease terms and recreation issues.
After discussion between staff and Commissioners, it was determined that the committee structure would be as follows:


Commissioner Sims
Commissioner Harrod
One Shawnee Twin Lakes Association member
One Shawnee Lake Leaseholders Association member
One Commissioner of the Land Office lessee
One member of the Homebuilders Association
One member of Sustainable Shawnee
Two at-large designees (Do not have to be lakes residents)

It was requested by Commissioner Sims that these appointments be made at the February 1, 2010 City Commission meeting.

AGENDA ITEM NO. 16: Consider Bids:

a. Replacement of chlorinators (Award)

A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to award Replacement of chlorinators to D. Barco, Oklahoma City, in the amount of $59,750.00, as the lowest and best bid. Motion carried 7-0.

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

b. One used 2-ton, single axle, dual rear wheel cab and chassis with new service body and crane (Open)

Four bids were opened and read into record.

BIDDER AMOUNT

Circle D Truck
Abilene, TX 79601 $84,393.00

Houston Automotive Group, Inc.
Houston, TX 77070 $73,183.83

Stewart Wholesale, Co.
Shawnee, OK 74804 NO BID

Equipment Wholesale Industries
Phoenix, AZ $74,424.00

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer bids of one used 2-ton, single axle, dual rear wheel cab and chassis with new service body and crane to staff for review and recommendation at the next City Commission meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 17: 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. 18: Administrative Reports

Utility Director Jim Bierd reported that the Shawnee Municipal Authority’s loan application for the raw water line will be considered at the OWRB meeting of February 9, 2010. Once the application has been approved and the SMA has received a binding commitment, the project will be bid out.

AGENDA ITEM NO. 19: Commissioners Comments

Commissioner Harrod wanted to clarify his opinion regarding the Interstate 40-Bryan Street interchange. Commission Harrod stated that his first preference for an interchange is Leo Street or Acme Road, however, if Bryan Street is the only choice to be presented, then he will agree to that.

Commissioner Sims recognized Reverend David Henry for the Martin Luther King service.

AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried 7-0. (8:38 p.m.)

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




LINDA PETERSON,
MAYOR




(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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