BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 21, 2014 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, January 21, 2014 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
Absent Linda Agee
Commissioner Ward 1 Commissioner Ward 2
James Harrod Absent
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Stephens, Hall
INVOCATION Rev. Amy Busse
United Presbyterian
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 Agee, to approve the Agenda. Motion carried 5-0.
AYE: Harrod, Agee, Mainord, Winterringer, Smith
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 No. 11 and SMA Agenda Item No. 2-a
b. Minutes from the December 16, 2013 regular meeting.
c. Budget Amendment – Capital Fund 301
To adjust for insurance money received due to vehicles in accidents
d. Budget Amendment – General Fund
To adjust fire department budget for the SAFR Grant
e. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority minutes from October 21, 2013 and November 21, 2013
• Planning Commission minutes from December 4, 2013
• Beautification Committee minutes from December 12, 2013
• License Payment Report for December 2013
• Project Payment Report for December 2013
f. Authorize staff to execute agreement with Oklahoma Department of Emergency Management for the subgrant of Emergency Management Performance Grant funds.
g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan and Defined Benefit Plan for Marsha Martin.
h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan and Defined Benefit Plan for Guadalupe Deleon, Jr.
i. Approve recommendation of staff to update the City’s workers compensation leave policy (non-Union employees only).
j. Mayor’s Appointments:
Traffic Commission
Re-appointments
Wayne Ardrey Expires 1/01/17 2nd Term
Ronald Taffe Expires 1/01/17 2nd Term
Rebecca E Dolan Expires 1/01/17 2nd Term
Donna Houston Expires 2/04/17 2nd Term
Rebecca K. Carter Expires 2/04/17 2nd Term
T. Clarice Stone Expires 2/04/17 2nd Term
A motion was made by Commissioner Winterringer, seconded by Commissioner Agee, to approve the Consent Agenda Item Nos. 2(a-j). Motion carried 5-0.
AYE: Winterringer, Agee, Harrod, Mainord, Smith
NAY: None
AGENDA ITEM NO. 3: Commissioners Comments
Vice-Mayor Harrod commented that the west side of Kickapoo Street is now open and looks good.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 5: Public hearing and consideration of an ordinance to approve rezoning of property located at 3720 N. Bryan from A-1; Agricultural to R-1; Single Family Residential. Case #P01-14 Applicant: Janice Percell
Mayor Mainord declared a public hearing in session to consider an ordinance rezoning of property located at 3720 N. Bryan from A-1; Agricultural to R-1; Single Family Residential. Community Development Director Justin Erickson provided a staff report. No one appeared in favor or against said rezoning. The public hearing was closed.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Agee, to approve the ordinance rezoning of property located at 3720 N. Bryan from A-1; Agricultural to R-1; Single Family Residential.
Ordinance No. 2526NS was introduced.
AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA: A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT 12.0 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE/4) OF SECTION FIVE (5), TOWNSHIP TEN (10) NORTH, RANGE FOUR (4) EAST OF THE INDIAN MERIDIAN, POTTAWATOMIE COUNTY, OKLAHOMA; THENCE SOUTH 392.03 FEET; THENCE WEST 666.68 FEET; THENCE NORTH 392.03 FEET; THENCE EAST 666.68 FEET TO THE POINT OF BEGINNING; FROM A-1; AGRICULTURAL TO R-1; SINGLE FAMILY RESIDENTIAL; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.
Motion carried 5-0.
AYE: Harrod, Agee, Mainord, Winterringer, Smith
NAY: None
Ordinance No. 2526NS was adopted by the City Commission
AGENDA ITEM NO. 6: Consideration of an ordinance repealing and amending Chapter 10 of the Shawnee Municipal Code, Cemeteries.
City Attorney Mary Ann Karns provided the staff report.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve an ordinance repealing and amending Chapter 10 of the Shawnee Municipal Code, Cemeteries.
Ordinance No. 2527NS was introduced.
AN ORDINANCE AMENDING CHAPTER 10, CEMETERIES, OF THE CODE OF ORDINANCES OF THE CITY OF SHAWNEE, OKLAHOMA, BY PROVIDING FOR THE SETTING OF FINES AND FEES BY RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR THE SETTING OF LANDSCAPE PLANS, RESTRICTIONS FOR MONUMENTS, MARKERS AND STRUCTURES, ORNAMENTS, DECORATIONS, AND PLANTS TO BE DONE BY RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY.
Ordinance No. 2527NS was adopted by the City Commission.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2527NS. Motion carried 5-0.
AGENDA ITEM NO. 7: Consideration of a resolution adopting rules and regulations for the operations of Cemeteries.
Resolution No. 6460 was introduced.
A RESOLUTION BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA, TO ADOPT RULES AND REGULATIONS FOR THE OPERATION OF FAIRVIEW CEMETERY AND SETTING FEES FOR SERVICES.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve a resolution adopting rules and regulations for the operations of Cemeteries. Motion carried 5-0.
Resolution No. 6460 was adopted by the City Commission.
AGENDA ITEM NO. 8: Consideration of an ordinance repealing and amending Chapter 11 of the Shawnee Municipal Code, Emergency Management.
Mary Ann Karns addressed this agenda item. She stated that this ordinance would, among other things, define the duties and emergency powers for the City Manager and Emergency Management Director in the event of an emergency or disaster. The ordinance also creates an Emergency Management Advisory Committee consisting of the Emergency Management Director, Fire Chief, Police Chief, City Attorney, Community Development Director, Utilities Director and Floodplain Administrator.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to approve an ordinance repealing and amending Chapter 11 of the Shawnee Municipal Code, Emergency Management.
Ordinance No. 2528NS was introduced.
AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 11 OF THE SHAWNEE MUNICIPAL CODE, “EMERGENCY MANAGEMENT”, PROVIDING FOR INTENT AND PURPOSE, SETTING FORTH: DEFINITIONS, ORGANIZATION AND APPOINTMENTS, EMERGENCY POWERS AND DUTIES OF CITY MANAGER, DUTIES AND EMERGENCY POWERS OF THE EMERGENCY MANAGEMENT DIRECTOR, EMERGENCY AND DISASTER OPERATIONS PLAN, AUTHORITY OF SHELTER MANAGERS DURING EMERGENCIES, AMENDMENTS TO EMERGENCY AND DISASTER OPERATIONS PLAN, ASSISTANCE OF PERSONS OUTSIDE CITY GOVERNMENT, NO MUNICIPAL OR PRIVATE LIABILITY, VIOLATION OF REGULATIONS, PENALTY, PROHIBITED ACTS, VIOLATION OF EMERGENCY PRICE STABILIZATION ACT, EMERGENCY MANAGEMENT ADVISORY COMMITTEE; PROVIDING FOR REPEAL; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.
Ordinance No. 2528NS was adopted by the City Commission.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve emergency clause relating to Ordinance No. 2528NS. Motion carried 5-0.
AGENDA ITEM NO. 9: Acknowledge Sales Tax Report received January 2014.
Diane Smith, Assistant to Finance Director, reported that the January sales tax is up $86,051.00 from the previous year. The total collected for the month of January was $1,556,616.00. Since the beginning of the fiscal year, sales tax is up a total of $528,895.00 or 5.53% over what was budgeted.
AGENDA ITEM NO. 10: City Manager’s Report.
City Manager Brian McDougal reported on the following:
1. The Glory Daze planning preparation has started. There will be more food vendors this year.
2. Chamber Education Committee has been meeting to discuss public school needs.
3. Sears is going of business at the mall. The mall is looking for a new retail company to fill the 68,000 square feet space.
4. Pension Choice results have been sent to the actuarial and will be presented soon.
AGENDA ITEM NO. 11: Consider Bids/Proposals:
a. Police Firing Range Tower Project (Award)
Police Chief Russell Frantz announced that three bids were received and after review and consideration, it was staff’s recommendation to reject all bids that were opened on December 16, 2013. All three bids were over budget limits.
Chief Frantz requested to rebid the project.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Smith, to accept staff’s recommendation and reject all bids received and rebid the project. Motion carried 5-0.
Director of Operation James Bryce announced that one bid was received and after review and consideration it was staff’s recommendation to award the bid to Oklahoma Construction LLC of Shawnee, Oklahoma in the total amount of $31,984.92.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to Oklahoma Construction LLC in the total amount of $31,984.92. Motion carried 5-0.
c. Cutting and Mowing of Rank Weeds, and the Clean-up of Trash and/or Debris (Open and Possible Award)
G&G Services Just-Rite Weed
Control & Lawn
Services
1. Show Up Fee:
A. Based on Contractor transporting equipment to job site $0.00 (flat fee) $25.00 (flat fee)
If job was completed by property owner after contract was
received by Contractor
2. Cutting, Mowing and Debris Removal:
A. Up to ¼ acre (<10,890 sq. ft.) and (1) 30 gallon container $30.00 (flat fee) $30.00 (flat fee)
of trash
Before and after pictures must be taken
B. ¼ to ½ acre (<21,780 sq. ft.) and (1) 30 gallon container of trash $32.50 (flat fee) $55.00 (flat fee)
Before and after pictures must be taken
C. ½ to ¾ acre (<32,670 sq. ft.) and (1) 30 gallon container of trash $35.00 (flat fee) $80.00 (flat fee)
Before and after pictures must be taken
D. ¾ to 1 acre (<43,560 sq. ft.) and (1) 30 gallon container of trash $37.50 (flat fee) $95.00 (flat fee)
Before and after pictures must be taken
E. 1 or more acres (per acre) and (1) 30 gallon container of trash $50.00 (flat fee) $120.00 (flat fee)
Before and after pictures must be taken
3. Trash and/or Debris Removal:
A. Removal of each one-half (½) ton pick-up (per load) $45.00 (flat fee) $55.00 (flat fee)
Before and after pictures must be taken
B. Removal of refrigerators or air conditioners (with freon) $15.00 (per unit) $55.00 (per unit)
Before and after pictures must be taken
4. Tire Disposal:
A. Disposal of vehicle tires – automobile or pick-up truck $7.00 (per unit) $25.00 (per unit)
Before and after pictures must be taken
B. Disposal of large tires – semi-truck or similar $10.00 (per unit) $55.00 (per unit)
Before and after pictures must be taken
5. Tree Trimming:
A. Trimming and disposal of Trees and Bushes $30.00 (per hour) $75.00 (per hour)
(Underbrush and limbs in alleyway)
Before and after pictures must be taken
6. Boarding and Securing Structures:
A. Boarding and securing structures, open doors,
and windows
(City will reimburse for materials at cost) $30.00 (per hour) $85.00 (per hour)
Before and after pictures must be taken
Community Development Director Justin Erickson read the bids into the record and after review and consideration it was staff’s recommendation to award the bid to G & G Services of Shawnee, Oklahoma as follows:
G&G Services
1. Show Up Fee:
A. Based on Contractor transporting equipment to job site $0.00 (flat fee)
If job was completed by property owner after contract was
received by Contractor
2. Cutting, Mowing and Debris Removal:
A. Up to ¼ acre (<10,890 sq. ft.) and (1) 30 gallon container $30.00 (flat fee)
of trash
Before and after pictures must be taken
B. ¼ to ½ acre (<21,780 sq. ft.) and (1) 30 gallon container of trash $32.50 (flat fee)
Before and after pictures must be taken
C. ½ to ¾ acre (<32,670 sq. ft.) and (1) 30 gallon container of trash $35.00 (flat fee)
Before and after pictures must be taken
D. ¾ to 1 acre (<43,560 sq. ft.) and (1) 30 gallon container of trash $37.50 (flat fee)
Before and after pictures must be taken
E. 1 or more acres (per acre) and (1) 30 gallon container of trash $50.00 (flat fee)
Before and after pictures must be taken
3. Trash and/or Debris Removal:
A. Removal of each one-half (½) ton pick-up (per load) $45.00 (flat fee)
Before and after pictures must be taken
B. Removal of refrigerators or air conditioners (with freon) $15.00 (per unit)
Before and after pictures must be taken
4. Tire Disposal:
A. Disposal of vehicle tires – automobile or pick-up truck $7.00 (per unit)
Before and after pictures must be taken
B. Disposal of large tires – semi-truck or similar $10.00 (per unit)
Before and after pictures must be taken
5. Tree Trimming:
A. Trimming and disposal of Trees and Bushes $30.00 (per hour)
(Underbrush and limbs in alleyway)
Before and after pictures must be taken
6. Boarding and Securing Structures:
A. Boarding and securing structures, open doors,
and windows
(City will reimburse for materials at cost) $30.00 (per hour)
Before and after pictures must be taken
A motion was made by Commissioner Winterringer, seconded by Commissioner Smith, to accept staff’s recommendation and award the bid to G & G Services as follows:
G&G Services
1. Show Up Fee:
A. Based on Contractor transporting equipment to job site $0.00 (flat fee)
If job was completed by property owner after contract was
received by Contractor
2. Cutting, Mowing and Debris Removal:
A. Up to ¼ acre (<10,890 sq. ft.) and (1) 30 gallon container $30.00 (flat fee)
of trash
Before and after pictures must be taken
B. ¼ to ½ acre (<21,780 sq. ft.) and (1) 30 gallon container of trash $32.50 (flat fee)
Before and after pictures must be taken
C. ½ to ¾ acre (<32,670 sq. ft.) and (1) 30 gallon container of trash $35.00 (flat fee)
Before and after pictures must be taken
D. ¾ to 1 acre (<43,560 sq. ft.) and (1) 30 gallon container of trash $37.50 (flat fee)
Before and after pictures must be taken
E. 1 or more acres (per acre) and (1) 30 gallon container of trash $50.00 (flat fee)
Before and after pictures must be taken
3. Trash and/or Debris Removal:
A. Removal of each one-half (½) ton pick-up (per load) $45.00 (flat fee)
Before and after pictures must be taken
B. Removal of refrigerators or air conditioners (with freon) $15.00 (per unit)
Before and after pictures must be taken
4. Tire Disposal:
A. Disposal of vehicle tires – automobile or pick-up truck $7.00 (per unit)
Before and after pictures must be taken
B. Disposal of large tires – semi-truck or similar $10.00 (per unit)
Before and after pictures must be taken
5. Tree Trimming:
A. Trimming and disposal of Trees and Bushes $30.00 (per hour)
(Underbrush and limbs in alleyway)
Before and after pictures must be taken
6. Boarding and Securing Structures:
A. Boarding and securing structures, open doors,
and windows
(City will reimburse for materials at cost) $30.00 (per hour)
Before and after pictures must be taken
d. RFP’s for Professional Consultant Services to Develop a Parks Master Plan (Open and Possible Award)
PROPOSAL/QUALIFICATIONS RECEIVED BY:
Shafer, Kline & Warren, Inc.
Tulsa, OK
Freese and Nichols
Fort Worth, TX
Director of Operations James Bryce read the names of the two companies submitting qualifications into the record. Mr. Bryce requested time to examine each set of qualifications and and meet with each company, if needed. He will bring this information back to the Commission at a future meeting.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Winterringer, to defer this item until staff has verified qualifications and returned with a recommendation.
AGENDA ITEM NO. 12: 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. 13: Administrative Reports
There was no Administrative Reports.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:13p.m.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:19 p.m.)
AGENDA ITEM NO. 14: Discussion, consideration and possible action for an executive session pursuant to 25 O.S. §307 (C) (10), for the purpose of conferring on matters pertaining to economic development, including the transfer of property, financing, or the creation of a proposal to entice a business to remain or to locate Shawnee due to advice from the City Attorney and City Manager that public disclosure of the matter would interfere with the development and would violate the confidentiality of the business, specifically a retail development on North Kickapoo (Hunt Properties, Inc.).
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to enter into Executive Session pursuant to 25 O.S. §307 (C) (10), for the purpose of conferring on matters pertaining to economic development, including the transfer of property, financing, or the creation of a proposal to entice a business to remain or to locate Shawnee due to advice from the City Attorney and City Manager that public disclosure of the matter would interfere with the development and would violate the confidentiality of the business, specifically a retail development on North Kickapoo (Hunt Properties, Inc.). Motion carried 5-0.
AGENDA ITEM NO. 15: Discussion, consideration and possible action for an executive session pursuant to 25 O.S. §307 (B) (04) to discuss appeal of arbitration award #FMCS 130513 – 55757 – 1.
A motion was made by Commissioner Winterringer, seconded by Vice-Mayor Harrod, to enter into Executive Session pursuant to 25 O.S. §307 (B) (04) to discuss appeal of arbitration award #FMCS 130513 – 55757 – 1. Motion carried 5-0.
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:21 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:30 P.M. WITH ALL MEMBERS PRESENT.
COMMISSIONERS CONSIDERED AGENDA ITEM NO. 17 BEFORE AGENDA ITEM NO. 16.
AGENDA ITEM NO. 17: Discussion, consideration and possible action on matters discussed in executive session pursuant to 25 O.S. §307 (B) (04) regarding appeal of arbitration award #FMCS 130513 – 55757 – 1.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Smith, to appeal the arbitration award #FMCS 130513-55757-1. Motion carried 5-0.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR AT 8:35 P.M. TO RECONVENE ON FRIDAY, JANUARY 24, 2014 AT 3:00 P.M.
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR ON FRIDAY, JANUARY 24, 2014 AT 3:00 P.M. AND RECONSIDERED AGENDA ITEM NO. 14.
AGENDA ITEM NO. 14: Discussion, consideration and possible action for an executive session pursuant to 25 O.S. §307 (C) (10), for the purpose of conferring on matters pertaining to economic development, including the transfer of property, financing, or the creation of a proposal to entice a business to remain or to locate Shawnee due to advice from the City Attorney and City Manager that public disclosure of the matter would interfere with the development and would violate the confidentiality of the business, specifically a retail development on North Kickapoo (Hunt Properties, Inc.).
A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to enter into Executive Session pursuant to 25 O.S. §307 (C) (10), for the purpose of conferring on matters pertaining to economic development, including the transfer of property, financing, or the creation of a proposal to entice a business to remain or to locate Shawnee due to advice from the City Attorney and City Manager that public disclosure of the matter would interfere with the development and would violate the confidentiality of the business, specifically a retail development on North Kickapoo (Hunt Properties, Inc.). Motion carried 4-0.
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 3:02 P.M. WITH ALL MEMBERS PRESENT.
COMMISSIONER SMITH ENTERED EXECUTIVE SESSION AT 3:07 P.M.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 3:47 P.M. WITH ALL MEMBERS PRESENT TO CONSIDER AGENDA ITEM NO. 16.
AGENDA ITEM NO. 16: Discussion, consideration and possible action on matters from executive session pursuant to 25 O.S. §307 (C) (10), for the purpose of conferring on matters pertaining to economic development, including the transfer of property, financing, or the creation of a proposal to entice a business to remain or to locate Shawnee due to advice from the City Attorney and City Manager that public disclosure of the matter would interfere with the development and would violate the confidentiality of the business, specifically a retail development on North Kickapoo (Hunt Properties, Inc.)
Commission returned from Executive Session and considered a Resolution of support for providing incentives for retail development by Hunt Properties, Inc.
Resolution No. 6461 was introduced.
A RESOLUTION EXPRESSING SUPPORT FOR PROVIDING INCENTIVES FOR RETAIL DEVELOPMENT BY HUNT PROPERTIES, INC., TO BE LOCATED ON NORTH KICKAPOO BETWEEN INTERSTATE 40 AND 45TH STREET.
Commissioner Agee noted that the passage of this resolution was not a knee jerk reaction and that a lot work and discussion went into her decision.
Commissioner Smith commended staff for their assistance in providing the information needed to reach a decision.
Vice Mayor Harrod stated he thinks the new retail development will be a good thing for Shawnee and that providing incentives is a practice that all cities do to attract new revenue.
Mayor Mainord thanked Economic Development Director Tim Burg for bringing this exciting project to light.
A motion was made by Vice-Mayor Harrod, seconded by Commissioner Smith, to approve a resolution of support for providing incentives for retail development by Hunt Properties, Inc. Motion carried 5-0.
There being no further business to be considered, the meeting was adjourned by power of the Chair. (3:54 p.m.)
WES MAINORD, MAYOR
ATTEST:
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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