BOARD OF CITY COMMISSIONERS PROCEEDINGS
DECEMBER 5, 2011 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, December 5, 2011 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 Don Lynch
FLAG SALUTE
AGENDA ITEM NO. 1 Consider recess of Board of City Commissioners to convene Shawnee Municipal Authority.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to recess of Board of City Commissioners to convene Shawnee Municipal Authority. Motion carried 7-0.
AGENDA ITEM NO. 2: Consider reconvening Board of City Commissioners.
CITY COMMISSION RECONVENED BY POWER OF THE MAYORAL CHAIR.
AGENDA ITEM NO. 3: Consider approval of Agenda.
Commissioner Harrod requested that Agenda Item No. 12 be moved to follow Agenda Item No. 3.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve the Agenda with Agenda Item No. 12 moved to follow Agenda Item No. 3. Motion carried 7-0.
AYE: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
COMMISSION DEVIATES FROM PUBLISHED AGENDA TO AGENDA ITEM NO. 12.
AGENDA ITEM NO. 12: Consider and take action with respect to a resolution approving the incurrence of indebtedness by the Shawnee Municipal Authority (the “authority”) issuing its (I) sales tax revenue note, Series 2011A (the “2011A note”), and (II) sales tax revenue note, taxable series 2011B (the “2011B note”, and together with the 2011A note, the “notes”); providing that the organizational document creating the authority is subject to the provisions of the note indenture, authorizing the issuance of said notes; waiving competitive bidding with respect to the sale of said notes and approving the proceedings of the authority pertaining to the sale of said notes; approving and authorizing execution of a sales tax agreement by and between the City of Shawnee, Oklahoma (the “city”) and the authority pertaining to the year-to-year pledge of certain sales tax revenues; establishing the city’s reasonable expectation with respect to the issuance of tax-exempt obligations by or on behalf of said city in calendar year 2011, and designating the 2011A note as a qualified tax-exempt obligation; declaring an emergency; and containing other provisions relating thereto.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve $1,850,000.00 tax exempt note and the taxable debt to $2,360,000.00 to Chase Bank.
After further discussion it was the consensus of the Commission to allow Mr. Allan Brooks of Public Finance Law Group to call a representative of Chase Bank, the lowest bidder, to obtain information regarding reducing the amount of tax exempt funds and increasing the taxable fund amount, with the total amount of the indebtedness to remain the same.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to table Agenda Item No. 12 until counsel could contact Chase Bank to request more information. Motion carried 7-0.
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 15.
b. Minutes from the November 21, 2011 regular meeting.
c. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from October 20, 2011
d. Authorize staff to re-bid the Community Center Fire Suppression System.
e. Mayor’s appointments:
Tourism Advisory Committee
Kirit (Kelly) Chandra Re-appointment 2nd term expires 12-31-14
Nancy Steward-Jackson Appointment 1st term expires 12-31-14
Shawnee Urban Renewal Authority
Ron Henderson Appointment 1st term expires 2-2-13
(Filled unexpired term of Sim K. Sims)
f. Authorize staff to negotiate contract with Smith Roberts Baldischwiler for Shawnee Municipal Authority Comprehensive Master Plan.
Commissioner Harrod requested that Consent Agenda Item no. f be pulled for separate consideration. A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the Consent Agenda Items a-e, less item f. Motion carried 7-0.
Regarding Consent Agenda Item f, Commissioner Harrod stated the Shawnee Municipal Authority Comprehensive Master Plan seemed like too much money. Utility Director Jim Bierd stated he would not know the price until it is negotiated. He further stated that the Master Plan would be able to combine projects instead of doing each project separately, which would be a cost savings.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve staff to negotiate scope of services then negotiate contact as per Consent Agenda Item f. Motion carried.
AGENDA ITEM NO. 5: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Mr. Dane Pollei, curator of Mabee Gerrer Museum, spoke regarding Tourism Advisory Committee and in support of current management and structure.
Mr. Daniel Shaughnessy read a letter of support to the Mayor and Commissioner regarding the Commission’s willingness to work with the Chamber of Commerce and school district regarding the upcoming tax/bond election. He also praised them on their willingness to compromise with others but continue to stand their ground on important issues.
AGENDA ITEM NO. 6: City Manager Presentation of Oklahoma Municipal League certificates to employees with 25 or more years of service with the City of Shawnee.
Michael McClendon
Janice Carr
Rex Hennen
Guadalupe DeLeon
Eric Todd Watkins
Curtis Lamastus
Randall Brock
Michael Murrell
Michael McClendon, Eric Todd Watkins, Janice Carr, Rex Hennen, Guadalupe DeLeon and Randall Brock were present to accept the City Manager’s presentation of the Oklahoma Municipal League certificates to employees with 25 or more years of service with the City of Shawnee.
AGENDA ITEM NO. 7: Consider Lighting Proposal from OG&E to provide decorative lights on MacArthur from Kickapoo to Leo.
John Krywicki recommended approve of the cost of $88,600.00 for decorative lights on MacArthur Street from Kickapoo Street to Leo Street.
A motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, to approve the cost of $88,600.00 for decorative lights on MacArthur Street from Kickapoo Street to Leo Street. Motion Carried 7-0.
AYE: Winterringer, Stephens, Sims, Harrod, Peterson, Collier, Smith
NAY: None
COMMISSION DEVIATES FROM PUBLISHED AGENDA TO RETURN TO AGENDA ITEM NO. 12.
Mr. Allan Brooks returned and stated it may be possible to shift tax-exempt to taxable but he did not receive a firm answer.
Commissioner Harrod withdrew his motion and Vice Mayor Collier withdrew his second to approve $1,850,000.00 tax exempt note and the taxable debt to $2,360,000.00 to Chase Bank.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve the $1,685,000.00 tax exempt note and the $2,160,000.00 taxable lower borrowing amount. The motion was then amended by Commissioner Harrod, seconded by Commissioner Stephens, to approve the $1,480,000.00 tax exempt note and the $2,365,000.00 non-exempt note.
Resolution No. 6416 was read into the record by Mayor Peterson.
AYE: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
Motion Carried 7-0.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve the emergency clause in Resolution No. 6416. Motion Carried 7-0.
AYE: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 8: Presentation and discussion concerning business licensing.
Planning Director Justin Erickson reported back to the Commission regarding their request to develop a business license in the City; currently, the City has no such requirement. Mr. Erickson stated that a business license acts as a way to record pertinent information and to ensure that sales tax permits have been issued by the Oklahoma Tax Commission. Copies of businesses licenses currently in use by other Oklahoma cities were provided for the Commission to review.
A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to direct staff to move forward with an ordinance establishing a business license while keeping fees reasonable for new and existing businesses, with said ordinance to become effective July 1, 2012.
After further discussion, the motion was amended by Commissioner Harrod, seconded by Commissioner Smith, to direct staff to continue researching the issue and to return to the Commission with a recommendation in thirty days. Motion Carried 7-0.
AGENDA ITEM NO. 9: Discussion and consideration creating a 3 member Commission Committee to work with staff in examining economic development and tourism options.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to appoint Vice Mayor Collier, Commissioner Stephens and Commissioner Harrod to the committee to work with staff in examining economic development and tourism options. Motion Carried 7-0.
AGENDA ITEM NO. 10: Consider and take action with respect to an ordinance of the City of Shawnee, Oklahoma, relating to the imposition of a city excise tax (sales tax) of one half of one percent (0.5%) (in addition to any and all other excise taxes now in force) to be levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma sales tax code; providing for the use of the proceeds of said excise tax; providing for the effective date and termination date of said excise tax; providing for no repeal of tax; providing for subsisting state permits; providing for payment of tax; providing that the tax is in addition to taxes currently levied; incorporating certain provisions of prior city ordinances; providing for amendments to this ordinance; providing that the provisions of this ordinance are cumulative and in addition to any and all taxing provisions of other city ordinances; providing for severability of provisions; and containing other provisions related thereto.
A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve an ordinance of the City of Shawnee, Oklahoma, relating to the imposition of a city excise tax (sales tax) of one half of one percent (0.5%) (in addition to any and all other excise taxes now in force) to be levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma sales tax code; providing for the use of the proceeds of said excise tax; providing for the effective date and termination date of said excise tax; providing for no repeal of tax; providing for subsisting state permits; providing for payment of tax; providing that the tax is in addition to taxes currently levied; incorporating certain provisions of prior city ordinances; providing for amendments to this ordinance; providing that the provisions of this ordinance are cumulative and in addition to any and all taxing provisions of other city ordinances; providing for severability of provisions; and containing other provisions related thereto.
Ordinance No. 2463NS was read into the record by Mayor Peterson.
AGENDA ITEM NO. 11: Consider and take action with respect to an ordinance authorizing the calling and holding of a special election in the City of Shawnee, State of Oklahoma (the "city"), on the 14th day of February, 2012, for the purpose of submitting to the registered qualified electors of said city the question of (I) approval or rejection of Ordinance No. 2463 NS of the city relating to a one half of one percent (0.5%) excise tax (sales tax), in addition to all present city, county and state excise taxes, for capital expenditures for the use and benefit of the city of Shawnee, Oklahoma, or debt service in connection with capital expenditures, as more specifically set out in Ordinance No. 2463 NS of said city; (II ) the issuance of the bonds of said city pursuant to Article X, Section 27 of the Oklahoma constitution in an amount not to exceed the sum of nineteen million dollars ($19,000,000) to be issued in series to provide funds (a) for the purpose of acquiring, constructing, and improving pool facilities at Woodland Veterans Park, all to be owned exclusively by the city, (b) for the purpose of acquiring, constructing, and improving public safety communication systems, all to be owned exclusively by the city, and (c) for the purpose of constructing street improvements, to include right of way acquisition, utility relocation, widening, sidewalks, curb and guttering, signalization, lighting, landscaping, and other related improvements, and levying and collecting an annual tax, in addition to all other taxes, upon all the taxable property in said city sufficient to pay the interest on said bonds as it falls due, and also to constitute a sinking fund for the payment of principal thereon when due; and (III) the issuance of the bonds of said city pursuant to Article X, Section 35 of the Oklahoma constitution in an amount not to exceed the sum of seven million dollars ($7,000,000) to be issued in series to provide funds for the purpose of economic and community development in the city, to include funds for economic development programs, funds for sidewalk construction, and funds for neighborhood redevelopment programs; and levying and collecting a special annual tax, in addition to all other taxes, upon all the taxable property in said city sufficient to pay the interest on said bonds as it falls due, and also to constitute a sinking fund for the payment of the principal thereof when due; provided however, that in no event shall the real and personal taxable property in said city be subject to a special tax in excess of five mills on the dollar for all bonds issued pursuant to Section 35, Article X of the Oklahoma constitution; and containing other provisions related thereto.
A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve an ordinance authorizing the calling and holding of a special election in the City of Shawnee, State of Oklahoma (the "city"), on the 14th day of February, 2012, for the purpose of submitting to the registered qualified electors of said city the question of (I) approval or rejection of Ordinance No. 2463 NS of the city relating to a one half of one percent (0.5%) excise tax (sales tax), in addition to all present city, county and state excise taxes, for capital expenditures for the use and benefit of the city of Shawnee, Oklahoma, or debt service in connection with capital expenditures, as more specifically set out in Ordinance No. 2463 NS of said city; (II ) the issuance of the bonds of said city pursuant to Article X, Section 27 of the Oklahoma constitution in an amount not to exceed the sum of nineteen million dollars ($19,000,000) to be issued in series to provide funds (a) for the purpose of acquiring, constructing, and improving pool facilities at Woodland Veterans Park, all to be owned exclusively by the city, (b) for the purpose of acquiring, constructing, and improving public safety communication systems, all to be owned exclusively by the city, and (c) for the purpose of constructing street improvements, to include right of way acquisition, utility relocation, widening, sidewalks, curb and guttering, signalization, lighting, landscaping, and other related improvements, and levying and collecting an annual tax, in addition to all other taxes, upon all the taxable property in said city sufficient to pay the interest on said bonds as it falls due, and also to constitute a sinking fund for the payment of principal thereon when due; and (III) the issuance of the bonds of said city pursuant to Article X, Section 35 of the Oklahoma constitution in an amount not to exceed the sum of seven million dollars ($7,000,000) to be issued in series to provide funds for the purpose of economic and community development in the city, to include funds for economic development programs, funds for sidewalk construction, and funds for neighborhood redevelopment programs; and levying and collecting a special annual tax, in addition to all other taxes, upon all the taxable property in said city sufficient to pay the interest on said bonds as it falls due, and also to constitute a sinking fund for the payment of the principal thereof when due; provided however, that in no event shall the real and personal taxable property in said city be subject to a special tax in excess of five mills on the dollar for all bonds issued pursuant to Section 35, Article X of the Oklahoma constitution; and containing other provisions related thereto.
Ordinance No. 2464NS was read into the record by Mayor Peterson.
AGENDA ITEM NO. 13: An ordinance related to terms of city commissioners and election of the vice mayor, amending Section Four and Section Six of Article III of the charter of the City of Shawnee, Oklahoma, changing the time for the beginning of terms to conform with election dates, setting time for election of vice mayor; setting the effective date and providing for severability.
A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to approve an ordinance related to terms of city commissioners and election of the vice mayor, amending Section Four and Section Six of Article III of the charter of the City of Shawnee, Oklahoma, changing the time for the beginning of terms to conform with election dates, setting time for election of vice mayor; setting the effective date and providing for severability.
Ordinance No. 2465NS was read into the record by Mayor Peterson.
Motion carried 7-0.
AYE: Sims, Stephens, Harrod, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 14: A resolution calling and providing for the holding of a special election in the City of Shawnee, Oklahoma, for the purpose of adopting an ordinance changing the time for the beginning of terms for the mayor and commissioners and for the time of election of the vice mayor; providing for said election to be conducted by the Pottawatomie County Election Board, and providing for voting by absentee ballot.
A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the Resolution calling and providing for the holding of a special election in the City of Shawnee, Oklahoma, for the purpose of adopting an ordinance changing the time for the beginning of terms for the mayor and commissioners and for the time of election of the vice mayor; providing for said election to be conducted by the Pottawatomie County Election Board, and providing for voting by absentee ballot.
Resolution No. 6417 was read into the record by Mayor Peterson.
Heartland Park & Recreation $119,925.00
White Oak, TX
Child’s Play, Inc. $92,950.56
Dallas, TX
Miracle Recreation Equipment Co. $111,786.87
Monett, MO
Kompan, Inc. $62,928.95
Tacoma, WA
Rex Playground Equipment $121,542.00
Oklahoma City, OK
Rex Playground Equipment $122,401.00
Oklahoma City, OK
Director of Operations James Bryce 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 Commissioner Sims, seconded by Commissioner Winterringer, to defer the bid award to the December 19, 2011 City Commission meeting. Motion carried 7-0.
b. Truck Mounted CCTV Multi-Conductor Inspection System (Open)
BIDDER AMOUNT
Baker Equipment Company $109,786.00
Edmond, OK
Pearpoint Inc. $176,627.70
Palm Desert, CA
Cobra Technologies Corp. $148,900.00
Smyrna, GA
J&R Equipment LLC $172,490.00
Oklahoma City, OK
J&R Equipment LLC $157,590.00
Oklahoma City, OK
Utility Director Jim Bierd 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 Commissioner Sims, seconded by Vice Mayor Collier, to defer the bid award to the December 19, 2011 City Commission meeting. Motion carried 7-0.
c. Expo Parking Lot Improvements COS-PW-11-04 (Award)
City Engineer John Krywicki announced that seven bids were received and after review and consideration it was staff’s recommendation to award the bid to CGC LLC of Edmond, Oklahoma in the amount of $1,399,000.00, with an alternate in the amount of $296,950.00.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to accept staff’s recommendation and award the bid to CGC LLC in the amount of $1,399,000.00, and the alternate in the amount of $296,950.00. Motion carried 7-0.
AYE: Harrod, Stephens, Sims, Peterson, Collier, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 16: 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. 17: Administrative Reports
City Attorney Mary Ann Karns reported that per Article XVI, Section 1 of the Charter, no former commissioner can hold office or employment with the City of Shawnee until one year after their commission term expires.
Commissioner Sims directed City Attorney Mary Ann Karns to research insurance benefits regarding city commissioners.
AGENDA ITEM NO. 18: Commissioners Comments
Commissioner Sims congratulated Justin Erickson and his staff on the success of this year’s Christmas parade.
Commissioner Harrod asked Public Works Director Jim Bierd when the lake yield study would be completed. Mr. Bierd stated that it had been scheduled for December 15, 2011 completion; however CDM had not included information regarding drought issues. CDM was instructed to include this information in the study and it is not yet known what the new completion date will be.
Commissioner Pam Stephens asked about the economic impact study that the City contracted with Oklahoma State University to show the proposed economic impact of the projects that will be voted on in February.
AGENDA ITEM NO. 19: Consider an Executive Session for purpose of discussing City of Shawnee v. Modern Oil Co., Pottawatomie County District Court No. CV 2011-70, as authorized by 25 O.S. §307 (B)(4).
No action taken.
AGENDA ITEM NO. 20: Consider matters discussed in Executive Session regarding litigation in the case of City of Shawnee v. Modern Oil Co., Pottawatomie County District Court No. CV 2011-70, as authorized by 25 O.S. §307 (B)(4).
No action taken.
AGENDA ITEM NO. 21: Adjournment
There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (8:37 p.m.)
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