BOARD OF CITY COMMISSIONERS PROCEEDINGS
APRIL 15, 2013 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, April 15, 2013 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.
Wes Mainord
Mayor
Linda Agee
Commissioner Ward 2
James Harrod
Commissioner Ward 3-Vice Mayor
Keith Hall
Commissioner Ward 4
John Winterringer
Commissioner Ward 5
Steve Smith
Commissioner Ward 6
ABSENT:
Pam Stephens
Commissioner Ward 1
INVOCATION Lord’s Prayer led by Mayor Mainord
FLAG SALUTE Led by Commissioner Smith
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Agenda. Motion carried 6-0.
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 No. 16.
b. Minutes from the April 1, 2013 regular meeting.
c. Authorize staff to purchase Ethernet switching equipment required for new VoIP phone system replacement, from budget line 301-5-0740-5450
d. Acknowledge the following minutes:
• Shawnee Urban Renewal Authority minutes from February 5,2013
• Planning Committee minutes from March 6, 2013
• License Payment Report for March 2013
• Project Payment Report for March 2013
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to approve the Consent Agenda items 2(a-d). Motion carried 6-0.
AYE: Harrod, Agee, Mainord, Hall, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 3: Commissioners Comments
Commissioner Agee stated that although we have recently received rain, that the lake is still nine feet below the spillway and everyone needs to do their best to conserve water.
Commissioner Smith asked about the City’s ability to receive a 911 text messages stating that some cities have that capability. City Manager Brian McDougal advised we do not at this time. Emergency Management Director Don Lynch stated that we will be getting next generation equipment in six months that will have 911texting ability.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person) (A twelve minute limit per topic)
Mayor Mainord advised that anyone who wishes to speak in favor or against any of the items on the agenda may do so when that item is called and does not have to during Citizens Participation.
Mr. Don Forsburg commended the Commission for the good work they are doing. He stated that he has been talking to the Commission about the Redcedar problem for about fifteen years. He also said that the City took away the trash containers on Belcher Road and people are throwing trash on the road.
AGENDA ITEM NO. 5: Mayor’ Proclamations:
“National Public Safety Telecommunications Week”
April 14-20, 2013
Dispatcher Chrissy Oldham accepted the Mayor’s Proclamation for “National Public Safety Telecommunications Week” presented by Mayor Mainord.
“Arbor Week”
April 15-19, 2013
Mr. Tom Terry accepted the Mayor’s Proclamation for “Arbor Week” presented by Mayor Mainord.
“Earth Day”
April 22, 2013
Dr. Timothy McCollum accepted the Mayor’s Proclamation for “Earth Day” presented by Mayor Mainord.
AGENDA ITEM NO. 6: Presentation by Dr. Don Turton of the OSU Oklahoma Water Resources Research Institute on the impact of Redcedars on stream flow.
Commissioner Agee introduced Dr. Turton and stated that he will be providing general information only. She stated that County Commissioner Randy Thomas advised that if the City budgets for the Redcedars removal, the County will also give assistance.
Dr. Turton provided aerial photographs that showed the encroachment of the Eastern Redcedar on the same property around Shawnee Twin Lakes from 1972 to 2011. Mr. Turton indicated that is hard to definitively determine the benefit, if any, that the removal of the trees may have. He did state that it is possible, if the density of trees and land coverage is high enough that one to two inches of water may be realized annually through runoff at Shawnee Twin Lakes. He also provided information regarding removal stating that these trees can be sheared at ground level, without removing the root, and will not grow back. Dr. Turton was not aware of any municipalities or organization currently actively involved in removing these trees other than Oklahoma City/County and Oklahoma State University. In response to a question from Mayor Mainord, Dr. Turton stated that the Oklahoma Redcedar Association is looking for ways to use the chips for mulch and the oils for perfume and cologne. Commissioner Agee stated that she would like to see the City get a handle on the problem now.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY (7:15 p.m.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:00 p.m.)
AGENDA ITEM NO. 7: Consideration of approval of a preliminary plat for Hyatt Addition Section III located at North Harrison Street, on East 45th Street. Case #S0313 Applicant: Mehdi Azimi
Applicant Mehdi Azimi spoke regarding the housing development and asked Commissioners to approve the preliminary and final plats. He was also available to answer questions from the Commission.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the preliminary plat for Hyatt Addition Section III located at North Harrison Street, on East 45th Street with the following conditions:
1. Concurrent with Final Plat approval for future sections (not including Section 3), Hyatt Road shall be improved to 42nd Street in accordance with City standards to allow public access to Harrison Street. Temporary emergency access shall be provided concurrent with Section 3 only if required by the Fire Marshal.
2. The proposed water line extension shall be installed as shown and include looping in accordance with requirements of the City Engineer and the Shawnee Municipal Authority.
3. The developer shall improve the area noted as "Common Area B" to include recreational amenities for the residents of The Hyatt Addition.
4. The commercial lot that fronts 45th Street shall be developed to include sidewalks along 45th Street concurrent with development of the lot.
5. Application for final plat approval of future phases shall include accompanied with an engineered storm water plan detailing the design of "Common Area B".
Motion carried 6-0.
AYE: Harrod, Winterringer, Smith, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 8: Consideration of approval of a final plat for Hyatt Addition Section III located at North Harrison Street, on East 45th Street. Case #S0313 Applicant: Mehdi Azimi
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the final plat for Hyatt Addition Section III located at North Harrison Street, on East 45th Street with the following conditions:
1. Concurrent with Final Plat approval for future sections (not including Section 3), Hyatt Road shall be improved to 42nd Street in accordance with City standards to allow public access to Harrison Street. Temporary emergency access shall be provided concurrent with Section 3 only if required by the Fire Marshal.
2. The proposed water line extension shall be installed as shown and include looping in accordance with requirements of the City Engineer and the Shawnee Municipal Authority.
3. The developer shall improve the area noted as "Common Area B" to include recreational amenities for the residents of The Hyatt Addition.
4. The commercial lot that fronts 45th Street shall be developed to include sidewalks along 45th Street concurrent with development of the lot.
5. Application for final plat approval of future phases shall include accompanied with an engineered storm water plan detailing the design of "Common Area B".
AGENDA ITEM NO. 9: Discussion, consideration and possible action on lease agreement with REACT Ambulance Authority for property located in the 1400 block of North Center Street.
Director of Operations James Bryce provided a staff report regarding the proposed lease agreement. Mr. Greg Reid, Director of REACT, stated that the ambulance service would be building another ambulance station on this site to serve the east side of the city. Mr. Reid also said this location would be staffed with a one ambulance and a response crew seven days a week.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve a lease agreement with REACT Ambulance Authority for property located in the 1400 block of North Center Street. Motion carried 6-0.
AGENDA ITEM NO. 10: Acknowledge Sales Tax Report received April 2013.
Cynthia Sementelli, Finance Director, stated that the April Sales Tax Report showed the City being down $180,969 this month or 12.77% compared to last year’s actual for the same time frame. However, the reason for the drastic decrease was because the Oklahoma Tax Commission (OTC) amended the return to reimburse them $170,000.00 due to an error in reporting relating to the St. Anthony’s Hospital purchase of Unity Hospital equipment. The corrected amount is down $10,000.00. April sales tax amount received, plus interest, was $1,236,564 which accumulatively for the fiscal year we are up $583,147 or 4.32%.
AGENDA ITEM NO. 11: Discussion, consideration and possible action to enter into joinder agreements with Oklahoma Municipal Retirement Fund to establish a Defined Contribution Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Contribution Plan (CMO DH SI, CMO DH, DC) and joinder agreement with Oklahoma Municipal Retirement Fund to establish a Defined Benefit Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan (DB); and authorizing appropriate officials to execute such documents as may be necessary to complete the agreements.
City Manager Brian McDougal stated this plan change affects only the non-union employees. He further outlined the proposed plan and stated that this change was necessary because the City cannot continue to fund the pension at the current rate.
Mr. Fred Bass, of Fred Bass and Company, Inc., explained the savings to the City if the new plan was implemented. He also provided Commissioners with a document called “Summary of Costs Under Different Options”.
Ms. Jodi Cox of the Oklahoma Municipal Retirement Fund explained the basic information of the new plan.
Mr. Frank Loman, a current city employee, spoke regarding the plan change stating that he is confused because information he received from Jodi Cox during this meeting is different from what he understood previously.
In her final thoughts and comments Ms. Cox mentioned that new rules applying to governmental accounting will soon require that these retirement funds be booked as a liability against the City.
Vice-Mayor Harrod said that he does not think that employees understand the proposed plan. Commissioner Smith agreed and stated that he would like OMRF to meet with each affected employee and provide them something, in writing, that will explain what their actual retirement numbers are if the new plan is implemented.
A motion was made by Vice Mayor Harrod, seconded by Commission Smith, that all agenda items relating to the retirement plan (Items 11-15) be deferred to the May 20, 2013 meeting; and that each employee receive information regarding their actual retirement numbers. Motion carried 6-0
AGENDA ITEM NO. 12: Discussion, consideration and possible action on an Ordinance adopting an Employee Retirement System, Defined Contribution plan for the position of Department Head or City Manager for the City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of the City of Shawnee, Oklahoma; providing for purpose and organization; providing for definitions; providing for eligibility and participation; providing for employer and employee contributions; providing for accounting, allocation, and valuation; providing benefits; providing for required notice; providing for amendments and termination; providing for transfer to and from other plans; creating a committee and providing for powers, duties, and rights of committee; providing for payment of certain obligations; providing for duration and payment of expenses; providing for effective date; providing for vesting schedules; providing for a fund to finance the system to be pooled with other incorporated cities, towns and their agencies and instrumentalities for purposes of administration, management, and investment as part of the Oklahoma Municipal Retirement Fund; providing for payment of all contributions under the system to the Oklahoma Municipal Retirement Fund for management and investment; providing for non-alienation of benefits and loss of benefits for cause; adopting those amendments mandated by the Internal Revenue Code; providing for repealer and severability; and declaring an emergency. (CMO DH SI)
This item was deferred to the May 20, 2013 City Commission meeting per Agenda Item No. 11 above.
AGENDA ITEM NO. 13: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined contribution plan for the position of department head or city manager for the City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of the City of Shawnee, Oklahoma; pertaining to definition of compensation; providing for repealer and severability; and declaring an emergency. (CMO DH)
This item was deferred to the May 20, 2013 City Commission meeting per Agenda Item No. 11 above.
AGENDA ITEM NO. 14: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined benefit plan for City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of City of Shawnee, Oklahoma; pertaining to definition of employee; pertaining to eligibility; pertaining to service buyback; providing for cessation of benefit accruals; providing for repealer and severability; and declaring an emergency. (DB)
This item was deferred to the May 20, 2013 City Commission meeting per Agenda Item No. 11 above.
AGENDA ITEM NO. 15: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined contribution plan for the City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of the City of Shawnee, Oklahoma; pertaining to the definition of compensation; pertaining to plan design; pertaining to allocation of forfeitures; providing for repealer and severability; and declaring an emergency. (DC)
This item was deferred to the May 20, 2013 City Commission meeting per Agenda Item No. 11 above.
AGENDA ITEM NO. 16: Consider Bids:
a. City Hall Parking Lot Improvement Project Contract No. COS-PW-12-04 (Award)
City Engineer John Krywicki announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to All Roads Paving, Inc. of Oklahoma City, Oklahoma in the total amount of the alternate bid for concrete of $195,235.40.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to accept staff’s recommendation and award the bid to All Roads Paving, Inc. in the total amount of the alternate bid for concrete of $195,235.40. Motion carried 6-0.
RUDY CONSTRUCTION CO $249,690.00
Oklahoma City, OK
ALL ROADS PAVING INC $127,337.75
Oklahoma City, OK
PARATHON CONSTRUCTION LLC $157,000.00
Edmond, OK
MIKE LITTLE CONSTRUCTION $214,222.00
Shawnee, OK
City Engineer John Krywicki read the bids into the record and requested that the bid award be deferred to the next meeting to allow staff to review and check references.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to defer the bid award to the May 6, 2013 City Commission meeting. Motion carried 6-0.
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
There were no Administrative Reports.
AGENDA ITEM NO. 19: Consider an Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) NOTE 25 O.S. 307 (B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"
A motion was made by Commissioner Smith to postpone Agenda Items 19 and 20 until all commissioners could be present. The motion died for lack of a second.
A motion was made by Commissioner Agee, seconded by Vice Mayor Harrod, to enter into Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) NOTE 25 O.S. 307 (B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee." Motion carried 5-1.
AYE: Agee, Harrod, Mainord, Hall, Winterringer
NAY: Smith
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 9:20 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 11:05 P.M. WITH ALL MEMBERS PRESENT
AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) NOTE 25 O.S. 307 (B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"
No action was taken.
AGENDA ITEM NO. 21: Adjournment
There being no further business to be considered, Mayor Mainord adjourned the meeting by the power of the chair at 11:05 p.m.
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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