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Date: 6/21/2010Board: City CommissionDocumentType: MinutesWeb Posted: 4/4/2012 10:07:13 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 21, 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, Monday, June 7, 2010 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

Pamela Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2 – Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Absent Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Winterringer

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Don Lynch
Emergency Management Director
FLAG SALUTE







AGENDA ITEM NO. 1:
Consider recess of Board of City Commissioners to convene Shawnee Municipal Authority.

A motion was made by Vice Mayor Sims, seconded by Commissioner Holt, to recess the Board of Commissioners meeting and convene the Shawnee Municipal Authority. Motion carried 6-0 (6:35 p.m.)

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


AGENDA ITEM NO. 2: Consider reconvening Board of City Commissioners.

A motion was made by Vice Mayor Sims, seconded by Commissioner Holt to reconvene the Board of City Commissioners meeting. Motion carried 6-0. (6:40 p.m.)

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

AGENDA ITEM NO. 3: Consider approval of Agenda

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

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

AGENDA ITEM NO. 4: 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-a.

b. Minutes from the June 7, 2010 meeting.

c. Budget Amendment – FY 2009-2010 Street and Alley Fund

d. Budget Amendment – FY 2009-2010 Workers Compensation

e. Confirm action taken by Shawnee Municipal Authority on SMA Agenda Item Number 4 regarding approval of contract with Central Disposal LLC, for solid waste collection and disposal services.

f. Acknowledge the following minutes and reports:

• Shawnee Beautification Committee minutes from April 5, 2010
• Shawnee Urban Renewal Authority minutes from May 4, 2010
• Sister Cities Council minutes from March 9, 2010

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

h. Approve renewal of the following agreements for FY 2010-2011:

1. Independent School District No. 93 for maintenance of tennis courts.
2. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
3. Gordon Cooper Technology Center District No. 5 to provide repaving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
4. Project H.E.A.R.T. for operation space and utility services.
5. South Central Industries to provide clean-up of city parks and park restrooms.
6. Agreement with Youth and Family Resourse Center, Inc. (Hope House) for Juvenile Services.
7. Agreement to provide police officers for Shawnee High School and Middle School.
8. Governmental Services contract with the Shawnee Civic and Cultural Development Authority.
9. Animal shelter facility agreement with Town of McLoud.
10. Pottawatomie County Public Safety Center Jail Services Agreement.


i. Lake Site Lease Renewals:

Renewals:

• Lot 5 Magnino A Tract, 17104 Magnino Road
J. Carroll

• Lot 4 Bodkin Tract, 15812 Bodkin Road
R. Cook and P. Cook

j. Authorize staff to advertise for bids on contract COS-PW-10-01: reconstruct and realign south 4,300 feet of the parallel taxiway system, rehabilitate the north portion of the taxiway system, Phase 1 improve RSA 17END (MOA work), and rehabilitate a portion of runway 17/35.

k. Authorize Shawnee Airport Authority to proceed with purchase of furnishings and equipment for terminal from First National Bank of Shawnee, Oklahoma.

l. Acknowledge Mayor’s Appointments:

Shawnee Housing Authority
Donna Houston 1st partial term to expire 2/4/2011

Airport Advisory Committee
Reappoint:
Mike Adcock 2nd full term to expire 7/1/2013
Bob Weaver 2nd full term to expire 7/1/2013
Harmik Dersahakian 1st full term to expire 7/1/2013
Jack Barrett 2nd full term to expire 7/1/2013
Terry Toole 1st full term to expire 7/1/2013

Zoning Board of Adjustment
Joe Freeman 1st full term to expire 6/1/2013

City Manager Brian McDougal requested that Consent Agenda Item (k) be pulled and tabled for possible consideration at a future meeting.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier to approve the Consent Agenda (a – 1) less Item (k). Motion carried 6-0.

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

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims to table Consent Agenda Item (k). Motion carried 6-0.

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

ITEM NO. 5: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

There was no Citizen Participation

AGENDA ITEM NO. 6 : City Resolution of Appreciation to Robert Dockery for over thirty-six years of service to the City of Shawnee.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approved Resolution No. 6387.

Resolution No. 6387 was then introduced and read into the record.

A RESOLUTION EXPRESSING APPRECIATION TO ROBERT DOCKERY FOR OVER 36 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA, AND AUTHORIZING A COPY BE PRESENTED TO ROBERT DOCKERY.


Motion carried 6-0.

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

Mayor Peterson then presented the framed resolution to Robert Dockery, who was in attendance.

AGENDA ITEM NO. 7: Consider resolution of Appreciation to Don Vawter for over 23 years of service to the City of Shawnee.

A motion was made by Commissioner Stephens, seconded by Commissioner Collier, to approve Resolution No. 6388.

Resolution No. 6388 was then introduced and read into the record
A RESOLUTION EXPRESSING APPRECIATION TO DON VAWTER FOR OVER 23 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA, AND AUTHORIZING A COPY BE PRESENTED TO DON VAWTER.

Motion carried 6-0.

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

Mayor Peterson then presented the framed resolution to Don Vawter, who was in attendance.

AGENDA ITEM NO. 8: Introduction of Cynthia Sementelli, Finance Director.

City Manager Brian McDougal introduced the City of Shawnee’s new Finance Director Cynthia Sementelli. She stated that she was looking forward to her new position and working with the Commission.

AGENDA ITEM NO. 9: Consider and take action with respect to a resolution approving action taken by the Shawnee Municipal Authority authorizing issuance, sale and delivery of a promissory note of the Authority to the Oklahoma Water Resources Board; ratifying and confirming a lease agreement whereby the City of Shawnee leased its water and sanitary sewer systems to the Shawnee Municipal Authority; declaring an emergency; and containing other provisions related thereto.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve the resolution. Resolution No. 6389 was then introduced and read into the record:
A RESOLUTION APPROVING ACTION TAKEN BY THE SHAWNEE MUNICIPAL AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE AGREEMENT WHEREBY THE CITY OF SHAWNEE LEASED ITS WATER AND SANITARY SEWER SYSTEMS TO THE SHAWNEE MUNICIPAL AUTHORITY; DECLARING AN EMERGENCY; AND CONTAINING OTHER PROVISIONS RELATED THERTO.

Motion carried 6-0


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

Regarding the Emergency Clause, a motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, ordering Resolution No. 6389 into effect immediately upon its passage and approval. Motion carried 6-0

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


AGENDA ITEM NO. 10: Consider contract for Claims Indemnity Service to serve as Third Party Administrator (TPA) to manage the City’s self-insured Worker’s Compensation Program.

It was noted that changing from the City’s current TPA, Claims and Risk Services, and contracting with Claims Indemnity Service could provide a substantial savings to the City of Shawnee. Additionally, updated technology and savings through a prescription management program would also be a benefit to be considered.

A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve the contract with Claims Indemnity Service. Motion carried 6-0

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

AGENDA ITEM NO. 11: Consider an ordinance relating to monthly charges for collection and removal of garbage and rubbish from family dwellings.

A motion was by Commissioner Collier, seconded by Commissioner Harrod that the ordinance related to the charges for monthly solid waste collection be approved.

Ordinance No. 2463NS was then introduced and read into the record:


AN ORDINANCE RELATING TO MONTHLY CHARGES FOR COLLECTION AND REMOVAL OF GARBAGE AND RUBBISH FROM FAMILY DWELLINGS, AMENDING SECTION 23-4(a), ARTICLE 1, CHAPTER 23 OF THE CODE OF THE CITY OF SHAWNEE, ESTABLISHING RESIDENTIAL TRASH PICKUP AND THE USE OF POLYCARTS; AMENDING SUB-SECTIONS 23-38(a), AND THE CODE OF THE CITY OF SHAWNEE; ESTABLISHING THE CHARGES FOR RESIDENTIAL TRASH PICKUP AND DEFINING THE TYPES OF TRASH TO BE PICKED UP BY THE CITY AND ESTABLISHING COMBINED ONCE-A-WEEK PICKUP FOR SOLID WASTE AND YARD WASTE, PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.

Motion carried 6-0

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

Regarding the Emergency Clause, a motion was made by Commissioner Harrod, seconded by Commissioner Holt, ordering Ordinance No. 2463NS into effect immediately upon its passage and approval. Motion carried 6-0

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

AGENDA ITEM NO. 12: Acknowledge Sales Tax Report through May 31, 2010.


Stephen Nolen noted that sales tax revenues continue to be up for the second month in a row, and above the 2008 numbers for the same time period. Staff is cautiously optimistic, but noted that we are still 3.59% below projections in actual revenues.

AGENDA ITEM NO. 13: Reconvene Public Hearing Recessed at June 7, 2010 meeting regarding FY 2010-2011 budget.

Mayor Peterson reconvened the public hearing and asked if any persons wished to come forward to address the FY 2010-2011 budget. No one wished to speak regarding this issue, and the public hearing was closed.
Commissioner Harrod addressed recent correspondence received by Commissioners and a recent advertisement in the newspaper regarding a labor union’s opinion of the proposed budget. He stated that the method used to bring attention to the budget was inappropriate in light of the fact that labor negotiations are ongoing.
Mayor Peterson pointed out that the proposed budget includes furloughs and no merit or cost of living increases. She further stated that all departments were down in personnel and many had key positions unfilled. The Mayor repeated information received from the City Manager at the June 7, 2010 meeting when he stated that in the event revenues rebound, he will first reinstate employee salaries, and then hire employees for unfilled positions.
Mayor Peterson further added that due to current economic uncertainty, the City should not project higher revenues at this time. She again stressed the importance of growing the City’s fund balance.

AGENDA ITEM NO. 14: Consider a Resolution adopting the budget for the City of Shawnee for the period of July 1, 2010 through June 30, 2011 finding all things requisite and necessary have been done in preparation and presentation of budget.

A motion was made by Vice Mayor Sims, seconded by Commissioner Holt, to approve the Resolution adopting the budget for the City of Shawnee for FY 2010 – 2011.

Resolution No. 6370 was introduced and read into the record.

A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2010 THROUGH JUNE 30, 2011; FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.

Motion carried 6-0

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

AGENDA ITEM NO. 15: Consider a Sister Cities Agreement with Nikaho, Japan

Mayor Peterson explained that the adult Japanese delegation will be in Shawnee from June 25 – 28, 2010, and that they wish to re-sign a agreement with the City of Shawnee. The agreement states its purpose as promoting cooperation for the mutual benefit of both cities in the fields of economic development, culture, art, education, sports, science and technology and youth exchange. The cities will maintain contact and consult in appropriate ways as agreed upon by both parties on matters of exchange and cooperation.
If approved, a signing ceremony is planned for June 27th.

A motion was made by Commissioner Stephens, seconded by Commissioner Collier to approve the re-signing of the Sister Cities agreement between the City of Shawnee and Nikaho, Japan. Motion carried 6-0

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


AGENDA ITEM NO. 16: Consider Bids

City Engineer John Krywicki reported that nine bids were received and read the bid results into the record as follows:


BIDDER AMOUNT

Medevelop 247,447.59
Edmond, OK

All Roads Paving, Inc. 165,657.52
Oklahoma City, OK

Connelly Paving Company 184,583.50
Oklahoma City, OK

Wade Construction, Inc. 183,781.00
Meeker, OK

Westchester Construction Co. 170,917.00
Shawnee, OK

Howards Excav & Pav 167,610.56
Newcastle, OK

Rudy Construction Co, 162,513.00
Oklahoma City, OK

Total Investment Co. 229,731.28
Guthrie, OK

Continental Construction Company 209,895.00
Edmond, OK

The Engineers estimate for this project was $231,400.00

Mr. Krywicki requested the bid award be deferred until the next city commission meeting to allow staff time to review and make a recommendation.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the bid award for this project be deferred until the next regular City Commission meeting. Motion carried 6-0

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



AGENDA ITEM NO. 17: New Business

There was no new business.

AGENDA ITEM NO. 18: Discuss department head/commission retreat

After Commissioners and staff compared schedules, the date of August 12, 2010 was informally selected as the date for the retreat. The retreat location has yet to be selected, but information will be provided once it becomes known. The formal setting of this date for a department head/commission retreat will be placed on the July 6, 2010 agenda for approval.

AGENDA ITEM NO. 19: Administrative Reports

Community Development Director Justin Erickson reported on the Regional Park public meeting. He stated that the meeting was well attended by user groups and the general public alike. He noted that another meeting will be planned within the next 2 – 3 weeks and notice will be given so that all interested parties will have an opportunity to attend. He further noted that the previous meeting was televised and will be available for viewing on the City’s website.
Mr. Erickson also noted that there will be approximately 16 lake lease renewals on the July 6th agenda for consideration.

Police Chief Russell Frantz explained two potential ordinances that may be presented to the Commission in the near future. One ordinance deals with residential and business alarm calls. He stated that police responded to 1,601 false business alarms and 1,211 false residential alarms last year. The proposed ordinance will make the owner responsible for the alarm system and may include a fee for excessive false alarms.
The other proposed ordinance involves animal control issues. Chief Frantz is seeking to stop animal control officers from responding to wildlife calls, specifically mentioning snakes, skunks, raccoons, etc. and responding only to domesticated animal calls, such as dogs running at large or stray cats or dogs.



AGENDA ITEM NO. 20: Commissioners Comments.

Mayor Peterson discussed flooding and drainage issues caused by the recent heavy rainfall. She noted that the flooding kept occurring in the same areas and questioned if a plan was being developed to help homeowners in these areas. Mr. McDougal responded that some of the issues were the result of natural and man-made swales, as well as severe erosion in some sub-divisions. He felt that education of the public and developers would help improve the situation for residents.
Mr. Krywicki stated that the drainage easement doesn’t allow the City to maintain the drainage channel, only to insure the flow of water is not impeded. Homeowners are required to maintain the unimproved areas of the drainage channel. A storm water utility fee would allow the City to better maintain the drainage channels and would improve current drainage issues. Mr. Krywicki stated that he would have information prepared by September to allow discussion of a storm water utility fee.

Mayor Peterson also invited Commissioners to attend the social meeting with the Japanese delegation on June 27th from 2:00 – 4:00 p.m. at the Homebuilders Cabin at Shawnee Twin Lakes.

Commissioner Harrod asked John Krywicki about the status of the Slover Street bridge. Mr. Krywicki reported that the bridge is still closed and would remain closed for quite some time. Bridge inspectors will be examining all bridges in the City in the near future and Mr. Krywicki will ask them to give him a cost estimate on the rebuilding of the Slover Street bridge. Currently, the bridge is deemed unsafe and is not even rated for one-ton traffic.

Commissioner Harrod further requested information from the Fire Department regarding the number of calls they respond to on the I-40 corridor. This would include all types of calls including fires, car accidents or any other response call.

AGENDA ITEM NO. 21: Consideration and possible action to enter into an Executive Session to discuss the purchase of real property for public safety purposes; pursuant to 25 O.S. §307(B)(3).


A motion was made by Commissioner Harrod, seconded by Commissioner Collier to enter into Executive Session to discuss the purchase of real property for public safety purposes.

Recessed for Executive Session with all Commissioners present at 7:48 p.m.

Reconvened City Commission Meeting with all Commissioners present at 8:00 p.m.


AGENDA ITEM NO 22: Consideration and possible action on matters
Discussed in Executive Session regarding the purchase of real property for public safety purposes; pursuant to 25 O.S. §307(B)(3)

No action taken.

AGENDA ITEM NO. 23: Adjournment

A motion was made Vice Mayor Sims, seconded by Commissioner Stephens, to adjourn. Motion carried 6-0. (8:01 p.m.)

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

______________________________
Linda Peterson, Mayor


(SEAL)

Attest:

____________________________
Phyllis Loftis, City Clerk

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