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Date: 2/6/2012Board: City CommissionDocumentType: MinutesWeb Posted: 2/22/2012 11:48:14 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 6, 2012 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 6, 2012 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

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Pam Stephens, John Winterringer

INVOCATION Rev. David Henry
Calvary Baptist Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Agenda with Agenda Items No. 14 and 16 deferred to a later date. Motion carried 5-0.

AYE: Sims, Collier, Smith, Harrod, Peterson
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 10.

b. Minutes from the January 17, 2012 regular meeting.

c. Acknowledge the following minutes:

• Traffic Commission minutes from October 25, 2011
• Planning Commission minutes from January 4, 2012
• Shawnee Civic and Cultural Development Authority minutes from December 15, 2011

d. Traffic Commission Board Recommendations from January 24, 2012

A. Consideration of request by Carl Packwood to have security lamp installed by Canadian Valley at the intersection of Bryan and Bradley at the Northeast corner

STAFF RECOMMENDATION: Staff recommends approval of request
BOARD RECOMMENDATION: Board recommends agreeing with Staff approval to install light

B. Consideration of request by Woodsong Homeowners Association to have 20mph speed limit signs installed at 3 different locations in Woodsong Addition

STAFF RECOMMENDATION: Staff recommends to deny request
BOARD RECOMMENDATION: Board agrees with Staff recommendation to deny request for sign installation

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Theresa Bartow.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Susan Serena.

g. Acknowledge the Preliminary 2012-2013 Budget Schedule.

h. Authorize staff to request RFQ’s for library reroofing project.

Commissioner Harrod requested that Consent Agenda Item No. 2h be pulled for separate consideration. A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a-g, less item h. Motion carried 5-0.

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

Regarding Consent Agenda Item 2h, Commissioner Harrod asked staff if an engineer or architect had been hired for the library reroofing project. Director of Operations James Bryce stated they are going to hire someone to help with preparing the bid specifications.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to approve the staff to request RFQ’s for library reroofing project per Consent Agenda Item h. Motion carried 5-0.

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

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

Richard Finley spoke regarding the proposed sports park and disputed the figures provided in the impact study. He stated that the sports park would have an annual cash deficit of as much as $1 million per year.

Jack Barrett spoke regarding his support of the proposed sports park and stated that we should look to the future – give a little to gain much more.
Mr. Barrett also stated that he is against the City removing the stop signs at Elm and Bradley. He had previously requested the stop signs be placed there and they were installed in 2006. He will be making a new request to the Traffic Commission to have them returned and asked for favorable consideration from the City Commission.

Hershel Ring spoke regarding problems with the Shawnee Police Department. He made several allegations of fraud and deception against two unnamed police officers. He also stated Shawnee needs a new police chief and a new City Manager.

AGENDA ITEM NO. 4: Presentation by Eide Bailly of audited financial statements of the City of Shawnee and Related Authorities for the FY 2010-2011.

Carolyn Levings with Eide Bailly gave the presentation of the audited financial statements of the City of Shawnee and Related Authorities for the FY 2010-2011. Ms. Levings stated the audit was filed with the State of Oklahoma before the December 31, 2011 deadline. She stated it was a clean opinion with no material weaknesses found nor any prior period adjustments made.
Commissioner Harrod had questions regarding the unfunded retirement liability. Ms. Levings replied that retirement was 80% funded and indicated that this was an adequate number. Mayor Peterson asked about the uncompensated absences and Ms. Levings, assisted by Finance Director Cindy Sementelli, explained that the City’s compensated absences are 100% funded.

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

Gordona Rowell gave the presentation on the Shawnee Convention and Visitor Bureau Annual Report. She reported that 2011 was a record-breaking year for occupancy surcharge collections at $427,000. The hotel occupancy rate was up 4% in 2011 and the average daily rate and the revenue per available room also saw increases. Future projects include upgrading their website and focusing on the meeting and conference market. She further noted that a total of $27,000.00 was spent last year as direct support to events. CVB has active Facebook and Twitter accounts.

AGENDA ITEM NO. 6: Reconvene public hearing and consideration of an ordinance annexing property located northwest of the intersection of MacArthur Street and Acme Road, just east of Highway 177. Applicant: Kickapoo Tribe of Oklahoma (Continued from the December 19, 2011 meeting at the request of the applicant and the January 17, 2012 meeting for additional documents)

Mayor Peterson opened the public hearing for public comments. No one appeared to speak in support or opposition of this item and Mayor Peterson closed the public hearing. City Attorney Mary Ann Karns stated she will meet with the tribe’s attorneys on Wednesday, February 8, 2012, and requested that the Commission once again defer consideration of this item until the next City Commission meeting on February 21, 2012.

A motion was made by Commissioner Smith, seconded by Commissioner Sims, to defer the consideration of this item until the February 21, 2012 City Commission. Motion Carried 5-0.

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

AGENDA ITEM NO. 7: Public hearing and consideration of a Conditional Use Permit in A-1 zoning for property located at 16209 C Patterson Road. Case P04-12 Applicant: Lance and Destiny Walker

Mayor Peterson declared a public hearing in session to consider a Conditional Use Permit in A-1 zoning for property located at 16209 C Patterson Road.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to approve a Conditional Use Permit in A-1 zoning for property located at 16209 C Patterson Road with the following conditions:
1. The manufactured home must meet the zoning setback requirements for the A-1 zoning.
2. The manufactured home must be the pictured 1995 structure or a similar manufactured home of better quality as determined by the Zoning Administrator.

Ordinance No. 2471NS was introduced and the title read aloud.

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 1595 FEET SOUTH AND 495 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY-TWO (22), TOWNSHIP TEN (10) NORTH, RANGE TWO (2) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE NORTH 531.2 FEET; THENCE EAST 205 FEET; THENCE SOUTH 531.2 FEET; THENCE W 205 FEET TO THE POINT OF BEGINNING; ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM A-1; AGRICULTURAL TO A-1P; AGRICULTURAL WITH A CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.

Motion carried 5-0.

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

AGENDA ITEM NO. 8: Consideration of approval of the Graystone Addition preliminary and final plats located North of Highland Street on the East side of Cleveland Street. Case S02-12 &S03-12. Applicant: Absentee Shawnee Housing Authority

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Graystone Addition preliminary and final plats located North of Highland Street on the East side of Cleveland Street with the following conditions:
1. A waiver of 90 feet to allow for a cul-de-sac to be placed 10 feet from the adjoining property line instead of the required 100 feet with the requirement that the applicant place sight proof fencing or landscaping as per the landscaping requirements between the two property lines.
2. Final infrastructure plans shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
3. Prior to filing the final plat, the applicant shall commence with making the required and proposed public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
4. All other applicable City standards apply.

Motion Carried 5-0.

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

AGENDA ITEM NO. 9: Consideration of approval of the Austin & Austin preliminary plat located in the 3800 block of North Harrison Street on the West side. Case #S04-12 Applicant: Landes Engineering LLC

A motion was made by Commission Harrod, seconded by Commissioner Sims, to approve the Austin & Austin preliminary plat located in the 3800 block of North Harrison Street on the West side with the following conditions:

1. The applicant shall build the private street (if approved) to city standards and the street design shall be approved by the City Engineer prior to construction.
2. Final infrastructure plans shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
3. All other applicable City standards apply.

Motion Carried 5-0.

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

AGENDA ITEM NO. 10: Consider Bids:

a. Harrison Street Planter Project COS-PW-11-06 (Open)

City Engineer John Krywicki announced that he had not received the official letter from the Oklahoma Department of Transportation regarding this project and requested permission to return the four bids received unopened to the bidders. He stated that once official approval from ODOT had been received he would re-bid the project.
A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to reject and return the bids without opening and rebid the project upon ODOT’s official approval. Motion carried 5-0.

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

b. Community Center Fire Suppression System (Award)

Director of Operations James Bryce announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to Express Fire Protection of Oklahoma City, Oklahoma in the amount of $48,700.00.
A motion was made by Commissioner Sims, seconded by Commissioner Smith, to accept staff’s recommendation and award the bid to Express Fire Protection in the amount of $48,700.00. Motion carried 5-0.

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

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

Community Development Director Justin Erickson discussed the voter information brochures that were distributed in the Countywide and Shawnee News-Star papers regarding the February 14th vote on capital improvement projects. He also stated that notice about the upcoming election was included in the utility bills, Shawnee’s cable channel and on the city website.

Interim Fire Chief Dru Tischer provided information on the SAFER grant opportunity to hire firefighters. If awarded, the grant would allow hiring 3 additional firefighters (one per shift). This grant would guarantee salaries for two years. Chief Tischer will bring this matter back to the Commission for consideration at the next City Commission meeting.

AGENDA ITEM NO. 13: Commissioners Comments

Mayor Peterson spoke regarding items brought before the Traffic Commission. She requested more information be provided to Commissioners from the Traffic Commission and staff relating to the items being considered.

Mayor Peterson asked City Engineer John Krywicki about progress on Kickapoo Street. He stated that we have received the plans back from ODOT, although corrections, in some instances, were not made and the plan will need to be returned to them. He further stated that bid letting is still scheduled for Spring 2012.
Still on the topic of Kickapoo Street, Mayor Peterson asked City Attorney Mary Ann Karns whether everything had been completed concerning Shawnee Animal Hospital. Ms. Karns replied that there were still items to be addressed.
In response to a question from Commissioner Smith, Ms. Karns indicated that the City could proceed with the work on Kickapoo Street with a “right of access”, even if there are pending unresolved legal/financial issues to be settled.

AGENDA ITEM NO. 14: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY2011-2012 and FY2012-2013 as authorized by 25 O.S. §307(B)(2).

Item pulled from agenda.

AGENDA ITEM NO. 15: Consider an Executive Session to discuss City Manager’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to enter into Executive Session to discuss City Manager’s evaluation pursuant to 25 O.S. §307(B)(1). Motion carried 5-0.

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

COMMISSION ENTERS EXECUTIVE SESSION AT 7:53 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 8:08 P.M.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY2011-2012 and FY2012-2013 as authorized by 25 O.S. §307(B)(2).

Item pulled from agenda.

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding City Manager’s evaluation pursuant to 25 O.S. §307(B)(1).

The Commission decided to wait to consider this matter when all seven Commissioners were present, therefore no action was taken.

AGENDA ITEM NO. 17: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 5-0. (8:10 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:



PHYLLIS LOFTIS, CITY CLERK

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