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Date: 2/21/2012Board: City CommissionDocumentType: MinutesWeb Posted: 3/6/2012 3:05:10 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
FEBRUARY 21, 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, Tuesday, February 21, 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

Pam Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2

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

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. Amy Perkins
United Presbyterian

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the Agenda with Agenda Item Nos. 13, 15, 17 and 19 deferred to a later date. Motion carried 7-0.

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

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

a. Minutes from the February 6, 2011 regular meeting.

b. Budget Amendment Capital Improvements 301
From fund balance to Expo for additional lighting

c. Budget Amendment Capital Fund 301
To adjust budget for loan taken in December 2011

d. Acknowledge the following minutes and reports:

• Beautification Committee minutes from December 8, 2011
• Shawnee Urban Renewal Authority minutes from October 4, 2011 and minutes from January 4, 2012
• License Payment Report January 1-31, 2012
• Project Payment Report January 1-31, 2012

e. Request by City Finance Director to receive RFP’s for auditing City of Shawnee and Related Authorities financial statements for FY2011-2012.

f. Authorize staff to apply for subgrant for Citizens Corps funding from the Office of Homeland Security.

g. Authorize staff to submit a grant request through FEMA’s FY2011 Staffing for Adequate Fire and Emergency Response (SAFER) program.

h. Authorize staff to purchase one 2012 Chevrolet Silverado Crew Cab 4x4 pickup at state bid price of $27,535.00 from Danny Beck Chevrolet in Sapulpa, Oklahoma.

i. Acknowledge Honor Roll Award from the U.S. Department of Housing and Urban Development to the City of Shawnee for activities conducted by the Shawnee Urban Renewal Authority.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a-i. Motion carried 6-0-1.

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

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

Mr. Steve Roller spoke regarding the proposed Kickapoo Tribe casino. He expressed his concern that the lights from the casino may have an adverse effect on his son who suffers from a seizure disorder.
City Manager Brian McDougal stated he would be willing to meet with Mr. Roller along with city staff and the Kickapoo Tribe regarding this issue.

AGENDA ITEM NO. 4: City Manager presentation of Employee of the Month to Linda Burg, Municipal Court.

Linda Burg was present to accept the Employee of the Month Certificate presented by City Attorney Mary Ann Karns.

AGENDA ITEM NO. 5: 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, January 17, 2012, and February 6, 2012)

City Attorney Mary Ann Karns informed the Commission that the City and the Kickapoo Tribe were in agreement with the Memorandum of Understanding which includes the Plan of Services. Upon being advised by the Kickapoo Tribe that they had not had a chance to formally accept the agreement, Ms. Karns suggested that the Commission, if they are in agreement, approve the MOU, return it to Tribe for formal acceptance and defer the consideration of the annexation ordinance to the March 5, 2012 City Commission meeting.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Memorandum of Understanding/Plan of Services with the Kickapoo Tribe of Oklahoma; further, to defer the consideration of the annexation ordinance to the March 5, 2012 meeting. Motion carried 6-1.

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

AGENDA ITEM NO. 6: Consider acceptance of public easements and dedications associated with the Final Plat of Cottage Park of Shawnee and authorizing recording of final plat and obtainment of signatures.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to acceptance of public easements and dedications associated with the Final Plat of Cottage Park of Shawnee and authorizing recording of final plat and obtainment of signatures. Motion Carried 7-0.

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

AGENDA ITEM NO. 7: Acknowledge Sales Tax report received February, 2012.

Cindy Sementelli, Finance Director/Treasurer, presented information regarding the latest sales tax report from the Oklahoma Tax Commission. Ms. Sementelli reported that sales tax receipts are up 12% from the previous year’s revenue.

AGENDA ITEM NO. 8: Discussion of alternative funding methods and/or timing of capital improvement projects that were rejected by the voters on February 14, 2012.

Mayor Peterson addressed this issue by explaining that although the voters rejected propositions that would have funded some needed improvements, there are two major projects that need immediate attention. Those two projects are the additional radio tower located in the northern part of the city and the Municipal Pool.
City Manager Brian McDougal addressed the issues relating to each project and noted that the tower project is critical due to “dead” spots created from our current tower at City Hall and new technology that now exists. The estimated costs for this project is $2.1 million
Regarding the Municipal Pool, Mr. McDougal stated that the pool was built in the depression era and is in need of major renovations in order to keep the pool open. In 2009, the City spent $240,000 on filtration repair to satisfy a Health Department mandate. However, the filtration under the pool deck is as old as the pool itself and is allowing sedimentation to enter the pool. Although Mr. McDougal stated that he has no firm numbers yet on costs associated with repairs, the pool must be brought up to State of Oklahoma pool codes. Mr. McDougal went on to say that the pool will open this coming spring, but unless repairs were made he could not say whether the pool will be open next year. Mr. McDougal suggested that these two critical issues be presented to the citizens in the form of public hearings for their input.
Commissioner Harrod and Commissioner Sims disagreed on the urgency of the north side radio tower. Commissioner Harrod would like all users of the tower, not just the City of Shawnee, pay for the costs and suggested that a consortium be formed to implement this. Commissioner Sims agreed that all users should be required to contribute financially; however, he felt that the City could not afford to wait on other entities and should move forward as soon as possible.
Mr. McDougal stated that while it is desirable for user groups to pay for the use of the towers, the entities involved will want some degree of ownership in the towers. He mentioned the two year process of combining city and county 911 communications as an example of the difficulty in sharing expenses but not ownership.
Additional discussion continued along these lines for quite some time. Mayor Peterson directed the City Manager to provide additional information to the Commission as follows: 1) The costs associated with the repair/renovation of the Municipal Pool, and 2) a list of potential entities that would use the City’s radio towers.

AGENDA ITEM NO. 9: 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. 10: Administrative Reports

There was no Administrative Reports.

AGENDA ITEM NO. 11: Commissioners Comments

Commissioner Harrod asked Interim Fire Chief Dru Tischer about the battery operated cars. Chief Tischer stated that he was aware of them and had seen demonstrations of them recently.

AGENDA ITEM NO. 12: Consider an Executive Session for discussion and possible action of settlement of worker’s compensation claim of Anthony Grasso, Case No. 2009-08537A pursuant to 25 O.S. §307(B)(4).

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to enter into Executive Session to discuss and possible action of settlement of worker’s compensation claim of Anthony Grasso, Case No. 2009-08537A pursuant to 25 O.S. §307(B)(4). Motion carried 7-0.

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

AGENDA ITEM NO. 13: 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 previously deferred.

AGENDA ITEM NO. 14: Consider an Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 25 O.S. §307(B)(4).

A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to enter into Executive Session to discuss potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 25 O.S. §307(B)(4). Motion carried 7-0.


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

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

Item previously deferred.

COMMISSION ENTERS EXECUTIVE SESSION AT 7:32 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH SIX COMMISSIONERS PRESENT AT 9:36 P.M.

COMMISSIONER HARROD DID NOT RETURN TO MEETING AFTER EXECUTIVE SESSION.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding discussion and possible action of settlement of worker’s compensation claim of Anthony Grasso, Case No. 2009-08537A pursuant to 25 O.S. §307(B)(4).

A motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, to authorize settlement of the workers compensation claim of Anthony Grasso, Case No. 2009-08537A, for $12,500.00. Motion carried 6-0.

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

AGENDA ITEM NO. 17: 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).

Previously deferred.

AGENDA ITEM NO. 18: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding encroachment into City’s utility service area by other entities as authorized by 25 25 O.S. §307(B)(4).

No action taken.

AGENDA ITEM NO. 19: Consider matters discussed in Executive Session regarding City Attorney’s evaluation pursuant to 25 O.S. §307(B)(1).

Previously deferred.

AGENDA ITEM NO. 20: Adjournment

There being no further business to be considered, a motion was made by Commissioner Stephens, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 6-0. (9:39 p.m.)

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


LINDA PETERSON, MAYOR

ATTEST:



PHYLLIS LOFTIS, CITY CLERK

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