Date: 11/15/1999Board: City CommissionDocumentType: MinutesWeb Posted: 12/5/2000 9:52:00 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS

NOVEMBER 15, 1999 AT 7:30 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, November 15, 1999 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor

Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2

Carl E. Young Bradie Lee Winrow
Commissioner Ward 3 Commissioner Ward 4

Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor

INVOCATION James Cole Public Works Director
FLAG SALUTE Mayor Harden

AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.

a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 15.
b. Minutes of November 1, 1999 meeting

c. Acknowledge the following reports and minutes:

* Budget Status Report as of October 31, 1999

* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of November, 1999

* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of October, 1999

* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of October, 1999

* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of October, 1999

* Utility Division Report for the month of October, 1999

* Building Inspector Report for the month of October, 1999

* Municipal Court Report for the month of October, 1999

* Shawnee Community Center Report for the month of October, 1999

* City Clerk Report for September and October, 1999

* Planning Commission minutes of October 20, 1999 meeting

* Citizens Advisory Committee minutes of October 6, 1999 meeting

* Urban Renewal Authority minutes of September 8, October 5, and October 19, 1999 meetings

* Sister Cities Council minutes of September 14, 1999 meeting

* Community Service Contracts Review Committee minutes of November 2, 1999

d. Lakesite Lease Renewal: Adding spouse to lease

Lot 1, Coffman Tract
Stanley L. & Jacqueline Mills
684 Living Springs Trail
Goldsby, OK 73093

e. Approve amendment to Oklahoma Municipal League by-laws regarding past president memberships on the Board of Directors

f. Authorize staff to advertise for bids for new motor grader

g. Accept letter of resignation from Ray H. Quackenbush from the Shawnee Urban Renewal Authority Board

A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to approve Agenda Item No. 1 (a-g). Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Winrow, Roach
NAY: None

AGENDA ITEM NO. 2: Mayor’s Proclamations.

Mayor Harden issued the following proclamations:

“Oklahoma Retired Educators Day”
November 17, 1999
(accepted by Jean Smith, Pottawatomie County Retired Educators)




“American Education Week”
November 14-20, 1999
(accepted by Debbie Hogue-Downing and Tim McGalliard, Shawnee Association of Classroom Teachers)

AGENDA ITEM NO. 3: Consider update from Mike Southard regarding lakesite leases and renewals from November 1, 1999 meeting.

Lot 7, Belcher Tract Lot 3, Belcher Tract
Glen & Freda Collins Otis Carl Martin
33608 Belcher road 39 Nickens Road
Shawnee, OK 74801 Shawnee, OK 74801

Community Development Director Michael Southard gave a brief update on the status of the lakesite leases and renewals.
In regards to the septic tanks that require DEQ reports, he referred to the City Code which provides leaseholders sixty days to have DEQ inspect and have any identified defects in the system corrected on annual inspections.
Mr. Southard further reported that City staff have given the lessee sixty days to correct any defects on both lease renewals and annual inspections, since the Code only addresses making corrections on annual inspections and not on renewing leases.
Therefore, that is why several leases have been presented to the Commission without the DEQ reports.
Mr. Southard advised the Commission that out of the 22 inspections in October, 12 did not have DEQ reports on their septic tanks.
In regards to the two renewal leases held over from the last meeting, which did not have DEQ reports, Lot 7, Belcher Tract (Glen and Freda Collins) have submitted a DEQ report and staff recommended approval of lease.
A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the lake lease renewal for Lot 7, Belcher Tract, lessees Glen and Freda Collins, be approved. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None
Upon discussion, a motion was made by Commissioner Roach, seconded by Commissioner Young, that all future lake leases that include 5-year renewals, transfers, and new leases, must meet all the requirements before being presented to the Commission for approval. Motion carried.
AYE: Roach, Young, Harden, Winrow, Downing, Claybrook, Gillham
NAY: None

AGENDA ITEM NO. 4: Consider recommendation from the Community Service Contracts Review Committee to suspend future payments of the $20,950.00 allocated to Action, Inc., Central Oklahoma Transit, until vehicles arrive; and at that time withhold monthly payments until the amounts already expended have been utilized.

A motion was made by Commissioner Claybrook, seconded by Commissioner Winrow, to accept the Community Service Contracts Review Committee’s recommendation to suspend future payments of the $20,950.00 allocated to Action, Inc., Central Oklahoma Transit, until vehicles arrive; and at that time withhold monthly payments until the amounts already expended have been utilized. Motion carried.
AYE: Claybrook, Winrow, Roach, Downing, Gillham, Young, Harden
NAY: None

AGENDA ITEM NO. 5: Consider approval of contract for the provision of supplemental police services between Housing Authority and the City.

Police Chief Hank Land advised the Commission that this contract was the same as last year’s. The amount of the contract was $33,540.00.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve the one-year contract for the provision of supplemental police services between the Shawnee Housing Authority and the City. Motion carried.
AYE: Downing, Young, Harden, Winrow, Roach, Claybrook, Gillham
NAY: None



AGENDA ITEM NO. 6: Consider a request for a preliminary plat for the Kickapoo Pointe located at 3300-3500 N. Kickapoo. (Applicant: Tapp Development Corporation)

Community Director Michael Southard reported that TAPP Development Corporation has requested approval of a 15-acre commercial development with six lots. The property is located between Hollywood Video and 3500 North Kickapoo. The northern two lots are intended for medical facilities while the remaining lots are speculative commercial.
He advised that the plat complies with the subdivision ordinance requirements and the Planning Commission unanimously recommended approval.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve the request for a preliminary plat for the Kickapoo Pointe located at 3300-3500 North Kickapoo from applicant, Tapp Development Corporation. Motion carried.
AYE: Downing, Roach, Claybrook, Gillham, Young, Harden, Winrow
NAY: None

AGENDA ITEM NO. 7: Consider a request for a final plat for the Kickapoo Pointe located at 3300-3500 N. Kickapoo. (Applicant: Tapp Development Corporation)

Again, Mr. Southard advised the Commission that all requirements had been met and the final plat was in compliance with the subdivision ordinance.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to approve the request for a final plat for the Kickapoo Pointe located at 3300-3500 North Kickapoo from applicant, Tapp Development Corporation. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Winrow, Roach, Downing
NAY: None

AGENDA ITEM NO. 8: Consider a final plat for the Shawnee Middle School Addition located at 4300 N. Union. (Applicant: Shawnee Public Schools)

Community Director Michael Southard reported that the request by the Shawnee Public School District to accept the final plat of the Shawnee Middle School Addition was considered by the Planning Commission on November 3, 1999 and approval was recommended.
This is a 35 plus acre addition with a single lot. The reason that the property had to be platted was due to the fact that sufficient right-of-way had to be provided and that a public utility easement was needed.
A motion was made by Commissioner Claybrook, seconded by Commissioner Winrow, to approve the final plat for the Shawnee Middle School Addition located at 4300 North Union as submitted by Shawnee Public Schools. Motion carried.
AYE: Claybrook, Winrow, Roach, Downing, Gillham, Young, Harden
NAY: None

AGENDA ITEM NO. 9: Consider request from Shawnee Public Schools for cost participation in sanitary sewer extension for new Middle School project.

City Engineer John Krywicki explained that the Shawnee Public School System was requesting the City of Shawnee to financially participate in the cost of a sanitary sewer line that the School has to install as part of the “New Middle School” project.
He advised that the school had not indicated how much or what percent of the costs they were requesting from the City.
As a background item, the City did participate with the Grove School sewer line with a $30,000.00 construction cost.
At this time, Superintendent of Shawnee Schools Marilyn Bradford and Financial Officer David Harp, presented a diagram of the sewer line route and the changes they had made to accommodate the City’s request to move the line for future public access.
Ms. Bradford noted that the project would cost approximately $40,000, to install the public portion of the sewer line. She stated that the entire costs would be around $77,000.00.
City Manager Terry Powell mentioned that the City viewed the sewer line as a public facility that would support future growth; and City Attorney John Canavan emphasized that the sewer line participation would be considered “for the good of the community” and not a gift.
After discussion and some hesitation about the suggested participation amount of $13,500 as being adequate, the vote was cast.
A motion was made by Vice Mayor Downing, seconded by Commissioner Roach, to approve the City of Shawnee’s participation in the new Shawnee Middle School sewer line extension project to be in the amount of $13,500.00. Motion carried.
AYE: Downing, Roach, Claybrook, Harden
NAY: Gillham, Young, Winrow

AGENDA ITEM NO. 10: Consider renewing lease with ONG for a 10 x 10 foot area in Lot 6, Block 3 of the University Grounds Addition.

City Engineer John Krywicki reported that ONG has requested to extend the lease agreement for 10 years and staff was recommending approval.
A motion was made by Commissioner Claybrook, seconded by Commissioner Young, to renew the ONG lease for a 10 x 10 foot area in Lot 6, Block 3 of the University Grounds Addition for ten years. Motion carried.
AYE: Claybrook, Young, Harden, Winrow, Roach, Downing, Gillham
NAY: None

AGENDA ITEM NO. 11: Public hearing and consider an ordinance to annex property located in Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions.

Mayor Harden declared a public hearing in session to consider an ordinance to annex property located in Granada Country Estates, Tanglewood, Coronado Terrace and Cedar Creek Additions.
Since there was a large audience in attendance for this item, Mayor Harden set out the process by stating that if any persons wished to be heard regarding said annexation, that it would be in the “pro” and “con” format.
Community Development Director Michael Southard first gave the staff report.
He stated that this area consists of over 291 acres and four neighborhoods. In accordance with Oklahoma State Statutes, a municipality cannot annex land without petition unless there is over fifty percent consent or the land is surrounded on three sides by the municipality. The residents began a petition drive in the fall of 1998 to annex into the city limits and to form an assessment district to construct water lines in an effort to provide water service to the area. Many of the residents were struck by the summer drought that aided in depleting the water supply. The options were weighed and the decision was made to annex. In order to annex by petition, seventy-five percent of both the registered voters and property value must consent. The group was unable to get the required seventy-five percent of both, but did receive consent from over sixty percent of the area. The group then turned to the City to initiate the annexation. Over fifty percent of the area had consented and a service plan was developed and public hearings were set for the Planning Commission and City Commission.
He continued by noting that the area is immediately east of the city limits and both Coronado and Granada are surrounded on three sides. The city limits go one mile east of Bryan at Independence and one-half mile east of Bryan at Country Estates Addition.
He went on to report that the State Statutes allow for a municipality to annex property as long as it is contiguous to the existing boundaries and there is consent from over 50% of the property area. In this case there was consent from over 63% of the area being considered. This consists of 292 with 34.9 acres (12%) of right-of-way. The 63% considered the right-of-way as consenting to the annexation.
He continued by stating that nothing in the State Statutes or in Oklahoma case law prohibits considering the right-of-way toward consenting to annexation. Since there is no clear method for counting right-of-ways, each city counts it differently. He noted that many of the original signers of the petition had second thoughts once the annexation was made public and when protest letters were received from those property owners, their name was removed from the consent list resulting in a lower percentage for consent. There is currently 51.6% of the property area consenting to annexation that includes the right-of-ways which meets the threshold for annexation. When the right-of-ways are not considered in either the consent or the area, the percentage for consent is 45%.
It was noted that the Planning Commission unanimously recommended denying the request for annexation and staff recommended approval.
Concluding the report, Mr. Southard touched on the service plan and what services would be in practice such as police and fire protection, water and sewer utilities, and garbage collections, among other various services provided by the City.
The public hearing was then opened to the following people alternating with those speaking in favor and those opposed to the annexation:
Pro Con
Mr. Roger Hadley, Granada Estates Mr. Paul McKinney, Representing Attorney
Mr. Neal Martin, Tanglewood Addition Ms. Lee Ann Stusnick, Cedar Creek
Mr. Bill Rider, Tanglewood Mr. Don Weir, Granada
Mr. Phillip Smith, Granada Mr. Bill Blackwell, Granada
Mr. John Cragin, Granada Mr. Robert Stusnick, Cedar Creek
Ms. Wayne Hanner, Granada

Mr. Roger Hadley and Mr. Paul McKinney were the main spokesmen and both appeared before the Commission several times during the public hearing.
First, Mr. Hadley appeared to give a brief history of the purpose emphasizing his main issue was to resolve the water shortage situation.
He advised that an ad hoc committee was formed and meetings were held for residents input that led toward the annexation.
He noted that city staff had worked with the committee providing information and the ad hoc committee also had a report from the Oklahoma Water Resource Board that identified that the aquifer would eventually be depleted.
Mr. Hadley read off several reasons given to him why some residents would not want to be annexed accusing him of using scare tactics and it was many residents feelings that a rural water district would be the answer. Mr. Hadley concluded by urging the Commission to annex.
Next, Mr. Paul McKinney, attorney representing several residents opposing the annexation, took issue with the city staff including the right-of-ways in the calculation for annexation.
He read excerpts from the State Statutes relating to annexations in certain conditions and it was his interpretation that the City did not have the right to include the right-of-ways and they did not have the percentage to annex.
Mr. McKinney stated that the City’s approach to include right-of-ways was not logical, but only a plan to take control.
Concluding, Mr. McKinney stated that the residents would pay for the expenses of building their water lines and a water improvement district was desired.
In summary of the other residents who appeared in opposition, all were empathetic to those who had water problems, but they had their concerns and reasons for not wanting to be annexed which mainly many residents wished to remain outside city limits and many had not experienced any water shortages.
It was mentioned that Canadian Valley had been contacted and that was a possibility to pursue in the future as a rural water district.
The Commission called upon staff to clarify some issues and a question and answer session evolved.
City Manager Terry Powell addressed the Commission and clarified why the city staff pursued annexation stating that it was at the direction of the residents and city staff was asked to pursue to help with the water shortage.
He added that in regards to selling water to a rural water district, it was Oklahoma Municipal League’s recommendation to municipalities not to engage in selling water until this matter regarding rural water districts, which is in the legislature, is being considered now and to wait for that decision.
Before continuing the public hearing, Mayor Harden announced that the Commission take a 10-minute break.
COMMISSION RECESSED AT 10:27 P.M.
COMMISSION RECONVENED AT 10:40 P.M. WITH ALL COMMISSIONERS PRESENT.

In closing remarks, Mr. Roger Hadley thanked city staff for their assistance for the last one and one-half years.

After two and one half hours the public hearing was closed.
Final questions were asked about the affects a rural water district being next to the city limits.
Community Development Director Michael Southard responded that in his research the water lines could be less than city standards, no regulations in regards to the type of construction, no jurisdiction for inspections, and obstruction of city growth which cities cannot compete in their boundary.
Upon request to read the ordinance, it was determined that there had been a miscommunication between city staff and city attorney and the ordinance was not available.
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, to defer taking action on the annexation to the next meeting. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden, Winrow
NAY: None
AGENDA ITEM NO. 12: Consider entering into an “Agreement for Use of Pole Line Facilities” with OG&E as part of the Harrison-Garrett’s Lake Road signalization project.

According to a memorandum from City Engineer John Krywicki, the City will need to enter into a one-time fee agreement with OG&E to utilize their poles for the Harrison and Garrett’s Lake Road project. The fee is for $270.00.
A motion was made by Commissioner Claybrook, seconded by Commissioner Winrow, to approve entering into an “Agreement for Use of Pole Line Facilities” with OG&E as part of the Harrison-Garrett’s Lake Road signalization project. Motion carried.
AYE: Claybrook, Winrow, Roach, Downing, Gillham, Young, Harden
NAY: None

AGENDA ITEM NO. 13: Consider and discuss continuation of Boundary Main Extension Fee.

Mr. Mike Southard, Community Development Director, explained that Ordinance No. 1118NS established the boundary main extension fee on September 20, 1982. The ordinance references a “Plan for Extension of Water and Sewer Boundary Mains” with the intent to reimburse developers for costs associated with extending water and sewer utilities into unserved areas, but it was used more as an impact fee and the fees were assessed regardless of location.
Mr. Southard stated that it was his interpretation of the plan that only developments or properties tying onto specific utility lines would pay the boundary main fee or assessment and the plan would reimburse the initial developer who paid for the extension.
According to Mr. Southard’s notes in the agenda packet, the intent was for the developer to provide the City with construction costs and enter into a contractual agreement to be reimbursed. As development occurs along the line or as an existing property taps the line, the developer would be reimbursed a proportionate share of the initial cost until the investment is recouped or until 15 years has expired.
The fee is determined in two manners, area or tap size with most residential dwellings assessed the minimum fee of $322.70 or 0.35% of $92,200 and commercial fees are determined by the tap size (i.e. 1”: 1.15% of $92,200). The plan calls for adjusting the construction estimates annually, but apparently the fee has never been adjusted from the initial estimate according to Mr. Southard.
City Treasurer Jim Wilsie provided the Commission with the current balance in the account to be $171,452.58. Mr. Southard stated that this fee could possibly go toward the water treatment plant facilities.
Mr. Southard commented that the exact amounts and developments are unclear at this time and it was his opinion the program has not been administered as originally intended which was to reimburse developers for expenses incurred off-site, similar to an assessment district, but it has been administered as an impact fee.
He stated that he was changing his recommendation of eliminating the “Boundary Main Extension Fee” and requested for the Commission to keep the mechanics in place but that staff would refine the Plan that would include some type of impact fee.
He noted that there was an ongoing sewer line extension project that would fall under the current plan and felt that it should be completed before any changes were to be made.
Upon discussion, a motion was made by Commissioner Claybrook, seconded by Commissioner Winrow, to approve abolishing the Boundary Main Extension Fee Plan as currently written. Motion carried.
AYE: Claybrook, Winrow, Roach, Downing, Gillham, Young, Harden
NAY: None

AGENDA ITEM NO. 14: Consider the continuation of AFLAC Flexible Benefits Plan for calendar year 2000.

Personnel Director Allen Benelli requested the Commission’s consideration to continue with the AFLAC Plan for the city employees for next year.
He recalled from last July that when the Commission approved the AFLAC Plan through the end of December of this year that staff would solicit for proposals for next year.
Mr. Benelli advised that since then and after taking a survey from the Department Heads and hearing favorable comments from city employees, it was an indication that the employees were satisfied with the Plan and wished to retain it.
A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, to accept Personnel Director Allen Benelli’s recommendation to continue the current AFLAC Flexible Benefits Plan for the calendar year January 1, 2000 to December 31, 2000. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None

AGENDA ITEM NO. 15: Consider Bids.

a) Two (2) All Wheel Steer Backhoe/Loader (award)

A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to accept staff’s recommendation to award the bid for the two all wheel steer backhoe/loader to Central Ford New Holland, Oklahoma City, Oklahoma, one for Line Maintenance in the amount of $79,782.00, as the lowest and best bid, and one for the Street Department in the amount of $85,166.00 as the lowest and best bid and both to be a lease purchase package. Motion carried.
AYE: Gillham, Roach, Downing, Claybrook, Young, Harden, Winrow
NAY: None

b) Outdoor Warning System (award)

A motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, to accept staff’s recommendation to award the bid for the outdoor warning system to American Signal Corp., Little Rock, Arkansas, in the amount of $173,350.00 as the lowest and best bid. Motion carried.
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None

The following bids were opened, read aloud and found to be as follows:
c) Sanitary Sewer Rehab project (open)

BIDDER AMOUNT

Jordan Contractors, Inc. $377,055.00
Tecumseh, Oklahoma

Midsouth Trenchless $452,500.00
Cleaves, Ohio

Engineer’s Estimate: $395,000.00

A motion was made by Commissioner Gillham, seconded by Commissioner Winrow, that the bids for the Sanitary Sewer Rehab project be referred to staff for review and report at the next meeting.


Motion carried.
AYE: Gillham, Winrow, Roach, Downing, Claybrook, Young, Harden
NAY: None

d) Upgrade to Meridian Phone System (open)

BIDDER AMOUNT

Communication Services $9,400.00
Shawnee, OK

A motion was made by Commissioner Winrow, seconded by Commissioner Young, to award bid for the upgrade to Meridian Phone System to Communication Services in the amount of $9,400 as the best bid. Motion carried.
AYE: Winrow, Young, Harden, Roach, Downing, Claybrook, Gillham
NAY: None

AGENDA ITEM NO. 16: New Business.

There was no New Business to be considered.

AGENDA ITEM NO. 17: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic)

There was no Citizens Participation.

AGENDA ITEM NO. 18: Consider an Executive Session for the purpose of discussing pending litigation in Shirey vs. City of Shawnee, WCC 99-7519J, pursuant to 25 O.S. 1992, Section 307(B)(4).

A motion was made by Vice Mayor Downing, seconded by Commissioner Gillham, that the Commission go into Executive Session for the purpose of discussing pending litigation in Shirey vs. City of Shawnee, WCC 99-7519J. Motion carried.
AYE: Downing, Gillham, Young, Harden, Winrow, Roach, Claybrook
NAY: None

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 11:40 P.M. WITH ALL COMMISSIONERS PRESENT.

CITY COMMISSION NOW RECONVENED IN REGULAR SESSION AT 11:55 P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 19: Consider action concerning matters discussed in Executive Session regarding pending litigation.

Mayor Harden stated that the purpose of the Executive Session had been to discuss pending litigation in the Shirey vs. City of Shawnee case and the following actions were being recommended as a result of said Executive Session.
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, that it be approved in the case of Shirey vs. City of Shawnee, WCC 99-7519J, the City of Shawnee tender the following offer to Kurt Shirey as a result of negotiations:
1. Kurt Shirey be reinstated to his rank of Sergeant with the City of Shawnee commensurate with his abilities and taking into consideration accommodations necessary to address any restrictions resulting from his heart attack;
2. Sergeant Shirey’s vacation and sick leave benefits utilized since October of 1998 to date will be reinstated including approximately 120 hours donated to him by other officers;
3. The City will pay Mr. Shirey a lump sum of $39,000.00 with $10,000 being paid by Oklahoma Municipal Assurance Group;

and in response, Mr. Shirey will agree to the following:
1. The workers’ compensation claim in regards to his heart attack currently pending will be dismissed;
2. Mr. Shirey will withdraw his complaint filed with the Federal Department of Labor under the Family Medical Leave Act;
3. Mr. Shirey and the IUPA Local No. 3 will withdraw any request for arbitration or any grievances relating to Mr. Shirey’s position;
4. Mr. Shirey will execute a General Release and Settlement Agreement in a form acceptable to the City of Shawnee in which he will release all claims and grievances which he has, may have or has had against the City of Shawnee; and
5. The EEOC complaint filed against the City be dismissed.

Motion carried.

AYE: Gillham, Downing, Claybrook, Young, Harden, Winrow, Roach
NAY: None

AGENDA ITEM NO. 20: Administrative Reports.

There were no Administrative Reports given.

AGENDA ITEM NO. 21: Commissioners’ Comments.

Under Commissioners’ Comments, Commissioner Winrow commented about the beautiful Christmas lights around town and she was pleased with the paving of Pesotum Street.


AGENDA ITEM NO. 22: Adjournment.

There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Winrow, that the meeting be adjourned. Motion carried. (11:58 p.m.)
AYE: Downing, Winrow, Roach, Claybrook, Gillham, Young, Harden
NAY: None


___________________________
MAYOR



(SEAL)
ATTEST:

_______________________
CITY CLERK
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