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Date: 2/7/2011Board: City CommissionDocumentType: MinutesWeb Posted: 2/23/2011 8:24:56 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 7, 2011 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, February 7, 2011 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 Commissioner Ward 2-Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Stephens

INVOCATION REV. RAY BELFORD
FIRST CHRISTIAN CHURCH

FLAG SALUTE


AGENDA ITEM NO. 1: Consider approval of Agenda

A motion was made by Vice Mayor Sims, seconded by Commissioner Harrod, to approve the Agenda. Motion carried 6-0.

AYE: Sims, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None

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

a. Minutes from the January 18, 2011 meeting

b. Approve Budget Amendment in the General Fund to adjust budget for compensated absences.

c. Approve Budget Amendment in the Shawnee Municipal Authority to adjust budget for compensated absences.

d. Acknowledge the following minutes:

• Sister Cites Council minutes from December 14, 2010
• Traffic Commission minutes from October 26, 2010

e. Acknowledge Mayor’s Appointments:

SHAWNEE URBAN RENEWAL AUTHORITY

Monte Cockings 1st full term expires 2/2/14
Replaces Mike Lodes
Tiffany Barrett 1st partial term expires 2/2/13
Replaces Link Cowen
Patty L. Nida 1st partial term expires 2/2/12
Replaces Jeanetta Townes

SHAWNEE HOUSING AUTHORITY

Re-appointment:
Donna Houston 1st full term expires 2/4/14
Rebecca Carter 1st full term expires 2/4/14

f. Acknowledge receipt of application from T. Clarice Stone for resident member of the Shawnee Housing Authority.

g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for James Robinson.

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

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

j. Lake Site Lease Renewals:
• Lot 11 Eckel Tract, 15109 Eckel Road
F. Sims and M. Sims

• Lot 10 Eckel Tract, 15111 Eckel Road
F. Sims and M. Sims

• Lot 6 Coffman Tract, 15305 Perry Road
W. O’Berg and B. O’Berg

k. Traffic Commission Recommendations from January 25, 2011

A. Consideration of appointment of Chairman to Traffic Commission by member of Traffic Commission board.

BOARD RECOMMENDATION: Board recommends Kelley Mallory be Chairman of Traffic Commission.

STAFF RECOMMENDATIONS: No recommendation required.

B. Consideration of appointment of Vice-Chairman to Traffic Commission by member of Traffic Commission board, if needed.

BOARD RECOMMENDATION: Board recommends Deena Harris by Vice-Chairman of Traffic Commission.

STAFF RECOMMENDATION: No recommendation required.

C. Consideration of setting Special Meeting to discuss the request of Shawnee Milling Company of closing of the 400 Block of South Broadway.

BOARD RECOMMENDATION: Board recommends scheduling Special Meeting for Tuesday, February 15, 2011 at 6:00 p.m.

STAFF RECOMMENDATION: Staff recommends scheduling Special Meeting for Tuesday, February 15, 2011 at 6:00 p.m.

Commissioner Collier asked that Consent Agenda Item j be pulled for separate consideration.

A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the Consent Agenda Items a – k, less item j. Motion carried 6-0.

AYE: Sims, Collier, Winterringer, Smith, Harrod, Peterson
NAY: None

Regarding Consent Agenda Item j, this item was pulled to allow for a separate vote.

A motion was made by Commissioner Collier, seconded by Commissioner Harrod, to approve the Consent Agenda Item j. Motion carried 5-0-1.

AYE: Collier, Harrod, Peterson, Winterringer, Smith
NAY: None
ABSTAIN: Sims

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

The following people spoke in protest of the proposed ordinance restricting front yard parking: Gail Topping, John Reynolds, Rachel Louden, Darrell White and Jason Reynolds.

AGENDA ITEM NO. 4: Mayor’s Proclamation
“Black History Month”
February 2011

Timmy Young accepted the Mayor’s Proclamation. He announced that Black History Month celebrations were being held on February 20, 2011 at Galilee Baptist Church and the on February 27, 2011 at Nelson Chapel.
AGENDA ITEM NO. 5: City Manager’s Presentation to Paula Taylor (Accounting) as Employee of the Month for February, 2011.

Paula Taylor was not present and the City Manager accepted on her behalf.

AGENDA ITEM NO. 6: Public hearing and consideration of an ordinance to rezone property from A-1; Agricultural to C-3; Automotive, Commercial & Recreation for property located at 33991 Lake Rd. Case #P03-11 Applicant: GBT Realty Corporation.

Community Development Director Justin Erickson announced that due to inclement weather, the Planning Commission could not meet to consider this item. He asked that this item be deferred to the March 7, 2011 City Commission Meeting.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to defer this item until March 7, 2011. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Smith
NAY: None

AGENDA ITEM NO. 6(a): Public hearing hearing and consideration of an ordiance to rezone property from R-1; Single FamilyResidential to C-1; Neighborhood Commercial for property located at 935 N. Kickapoo. Case #P04-11 Applicant: Bruce Lilley.

Community Development Director Justin Erickson announced that due to inclement weather, the Planning Commission could not meet to consider this item. He asked that this item be deferred to the March 7, 2011 City Commission Meeting.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to defer this item until March 7, 2011. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Smith
NAY: None

AGENDA ITEM NO. 7: Public hearing and consideration of an ordinance restricting front yard parking in residential zones. Deferred from January 18, 2011 meeting.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier to deny the ordinance restricting front yard parking in residential zones. Motion Carried 5-1.

AYE: Harrod, Collier, Winterringer, Smith, Peterson
NAY: Sims

AGENDA ITEM NO. 8: Consider an ordinance establishing a technology fee and radio fee be added to every fine assessed by the Shawnee Municipal Court and providing funds for each fee. Deferred from January 18, 2011 meeting.

Interim City Attorney Tracy McDaniel explained to the Commission that Municipal Judge Robert Jones has expressed concern regarding the passage of this ordinance and the use of the word “fee” as it relates to the ordinance. Judge Jones asked that this ordinance be submitted to the Attorney General for an opinion prior to Commission consideration. Ms. McDaniel asked for this ordinance to be continued until such an opinion can be obtained and/or additional research done which would find resolve the concerns expressed.

A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to table this ordinance until all questions have been resolved.

Motion carried 6-0.

AYE: Sims, Winterringer, Smith, Harrod, Peterson, Collier
NAY: None


AGENDA ITEM NO. 9: Consider Mayor’s appointment of a committee of commissioners to review resumes for City Attorney.

Mayor Peterson announced that the following Commissioners have volunteered to serve on the City Attorney Review Committee: Commissioner Stephens, Commissioner Harrod and Commissioner Winterringer.

A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve Commissioner Stephens, Commissioner Harrod and Commissioner Winterringer to the City Attorney Review Committee. Motion carried 6-0

AYE: Sims, Collier, Winterringer, Smith, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 10: 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. 11: Administrative Reports

Emergency Management Director Don Lynch reported on Blackboard Connect, a mass notification system. He stated that a purchase order has been issued and that the project is moving forward.
Mr. Lynch further reported on the snow/ice storms of the past week. The City used 250 tons of sand and salt and the very early costs estimate (not including overtime) is $21,125.00. There is enough sand/salt available for one more snow event and more material has been ordered. Mr. Lynch thanked the City crews for their hard work and the good job they did clearing city streets.

Police Chief Russell Frantz addressed the Commission regarding recent actions of IUPA President Ken King. Chief Frantz related that Lt. King has again issued letters stating allegations of misconduct within the police department. Mr. King is requesting that his concerns be investigated by the Oklahoma State Bureau of Investigation. According to Chief Frantz, Policy 107 of the Collective Bargaining Agreement states that allegations of misconduct must be investigated internally; however, Lt. King’s request is considered a waiver of that policy and can be addressed outside the Collective Bargaining Agreement. Chief Frantz, citing OSBI’s backlog of cases and their inability to take action regarding personnel misconduct, spoke with the District Attorney’s Office regarding performing the investigation. Chief Frantz stated that he will forward Lt. King’s letters/allegations and other documentation to the District Attorney’s Office and request that an investigation into those allegations be performed at their earliest convenience.

AGENDA ITEM NO. 12: Commissioners Comments

Commissioner Smith thanked the city employees’ that worked during the recent snow storm. As a new Commissioner, he stated he was impressed with the preparedness and coordination of city crews.
Commissioner Harrod also mentioned the good job done by street and water crews during the storm. Further, Commissioner Harrod asked Interim City Attorney Tracy McDaniel to prepare a list of legal services that could be eliminated or combined that would save the City money.
Vice Mayor Sims stated he would like a report at the February 22, 2011 meeting regarding funding sources from the current (FY2010-2011) budget for a Court Clerk and Code Enforcement Officer.


AGENDA ITEM NO. 13: Consider an Executive Session regarding settlement offers on condemnation cases City V. Shawnee Animal Hospital Etal., C-09-1734; City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to enter into Executive Session. Motion carried 6-0 (7:41 p.m.).

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Smith
NAY: None

AGENDA ITEM NO. 14: Consider matters discussed in Executive Session regarding settlement offers on condemnation cases City V. Shawnee Animal Hospital Etal., C-09-1734; City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers.

Commission returned from Executive Session with all Commissioners present. No action was taken.

AGENDA ITEM NO. 15: Adjournment

There being no further business to be considered, a motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (8:31 p.m.)

AYE: Sims, Winterringer, Smith, Harrod, Peterson, Collier
NAY: None




LINDA PETERSON, MAYOR
(SEAL)

ATTEST:

PHYLLIS LOFTIS,
CITY CLERK

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