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Date: 10/5/2009Board: City CommissionDocumentType: MinutesWeb Posted: 10/20/2009 8:25:20 AM
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OCTOBER 5, 2009 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, October 5, 2009 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

Pam Stephens Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6



AGENDA ITEM NO. 1: Consider approval of Agenda:

Mayor Peterson requested that Agenda Item No. 8 and Agenda Item No. 5 be removed from the Agenda so that additional parties can be present.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the Agenda with the noted change. Motion carried 7-0.

AYE: Sims, Harrod, Peterson, Collier, Winterringer, Holt, Stephens
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 Number 10.

b. Minutes from the September 21, 2009 meetings

c. Budget Amendment Street Improvement Fund 302

d. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from August 20, 2009

e. Acknowledge official “Trick or Treat” night for Halloween to be on Saturday, October 31 from 5:30 p.m. to 9:00 p.m.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Jason Sartin.

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

h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Charisma Graham.

i. Authorize staff to request bids for secondary digester cleaning at the Southside Water Treatment Plant.

j. Authorize staff to Request Proposals for Solid Waste Disposal Services for FY 10-11.

k. Approve contract with the Housing Authority of the City of Shawnee for provision of supplemental police services from November 1, 2009 through October 31, 2010.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve Consent Agenda Item No. 2(a-k) as presented. Motion carried 7-0.

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

AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

Cody Deem spoke regarding the city’s contract with Allied Waste Systems. Ms. Deem spoke personally and not on the behalf of Sustainable Shawnee. She stated that she was very pleased with Allied since the new management change and found them very easy to work with.

AGENDA ITEM NO. 4: Mayor’s Proclamations

“Fire Prevention Week”
October 5-9, 2009
(accepted by Fire Chief Jimmy Gibson)

Chief Gibson also invited Commissioners to attend one of the educational clown performances this week at area schools. He also noted that there will be a public performance Thursday evening at the Expo Center.

AGENDA ITEM NO. 6: Discuss and consider process for selection of employee health insurance.

This item was introduced by Commissioner Harrod, who stated that due to the staff vacancies in Accounting and Human Resources it seems like a good time for the City Commission to take control of the city employees’ health insurance. He also stated that it was important to get the best insurance for the money available. Commissioner Harrod made a motion that the City Commission take control of the employee health insurance bidding process, including the selection of an agent of record to work with the city’s insurance committee on employee health insurance, although the City Commission would have final say in the selection.

Vice Mayor Stephens asked for clarification regarding the City’s contribution toward the health insurance premiums to employees. She was informed the amount is $1,219,000.00 per year. Vice Mayor Stephens then seconded Commissioner Harrod’s motion.

Upon further discussion, Commissioner Sims stated that he would like to see the current Commission take the politics out of the insurance equation. He pointed out that the City pays a set amount toward the employees’ insurance which does not change from year to year. The employees pay the majority costs of the insurance and any insurance increases, which have skyrocketed in recent years. He added that an Agent of Record would charge approximately $110,000 in commissions, which would be also be borne by employees. Commission Sims stated that he felt it would be a mistake to take the decision away from the employees.

Commissioner Holt agreed with Commissioner Sims and stated that previously three members of the current commission voted to “get out of the insurance business” and give this decision to staff. He also noted that he has not received any complaints from employees regarding the insurance issue since he has been on the Commission.

Vice Mayor Stephens said that she felt it was the Commission’s responsibility to be good stewards of the citizens’ money; that she felt a responsibility to the taxpayers as well as the employees. She and Commissioner Harrod both stated that they have received some complaints from city employees regarding insurance.

Mayor Peterson asked if the Vice Mayor thought there might be a reduction in the amount that the City contributes to employee insurance. Vice Mayor Stephens answered that it was possible. She also stated that perhaps working with the insurance committee and trying to get the best deal for employees would allow the City to pay more toward employee coverage.

Commissioner Sims called for a vote on Commissioner Harrod’s motion. Motion failed 3-4.

AYE: Harrod, Stephens, Collier
NAY: Sims, Peterson, Winterringer, Holt

AGENDA ITEM NO. 7: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined contribution plan for David Rodriguez.

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Hybrid and Defined contribution plan for David Rodriguez. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Presentation by John Schafer of Allied Waste on bulk waste removal.

John Schafer, General Manager of Allied Waste, stated that due to the Commissions’ earlier vote under the Consent Agenda to authorize staff to advertise for bids for solid waste disposal, he did not feel that he could make a presentation at this time. He stated that it would not be a good financial decision for them to provide the additional capital outlay required to provide the City with an alternate solution to the removal of bulk waste. Mr. Schafer who was joined by Tracy Crawford, Director of Municipal Accounts for Allied, both stated that they definitely wanted to continue to be Shawnee’s solid waste disposal service provider.
City Manager Brian McDougal explained Allied’s alternate plan, which would include a monthly curbside bulk waste pick up in place of the twice yearly plan currently in place. Also discussed was the possibility of establishing a bulk waste disposal station with roll-off containers in the City for residents’ convenience.
The Commission advised the City Manager to continue the discussion with Allied Waste to provide an alternative bulk waste plan for the remainder of their contract year.

AGENDA ITEM NO. 10: Consider Bids:

Three (3) bids were received and read into record by Utility Director Jim Bierd.

a. Sewer Line Repair at 1500 N. Market and 700 N. Tucker (Open)


Krapff-Reynolds Const Co
Oklahoma City, OK $65,800.00

Jordan Contractors Inc
Tecumseh, OK $68,600.00

Urban Contractors Inc
Oklahoma City, OK $77,700.00

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, that the bids for Sewer Line Repair at 1500 N. Market and 700 N. Tucker be deferred to staff for review and recommendation at the October 19th City Commission meeting. Motion carried 7-0.

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

Community Development Director Justin Erickson read two (2) bids that were received into record.

b. Cutting and mowing of rank weeds, and the clean-up of trash and/or debris (Open)

G&G Services Joe Powers
Shawnee, OK Macomb, OK

1. Show Up Fee $0.00 $50.00
a. Cut up to ¼ acre $30.00 $50.00
b. Cut ¼- ½ acre $32.50 $100.00
c. Cut ½- ¾ acre $35.00 $150.00
d. Cut ¾ to 1 acre $37.50 $200.00
e. Cut 1 acre or more/per acre $40.00 $250.00

a. Removal of ½ ton trash $45.00 $80.00
b. Removal Refrigerator or A/C $15.00 $75.00

a. Vehicle Tires $3.00 $5.00
b. Large Semi/Tractor Tires $6.00 $15.00

5. a. Trimming trees and bushes $20.00 $18.00

6. a. Boarding & securing structures $20.00 $18.00

A motion was made by Commissioner Sims, seconded by Commissioner Collier, that the bids be deferred for staff to review and make a recommendation on the Mowing and Cleaning Weeds and Trash and/or Debris at the next meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 11: 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. 12: Administrative Reports

Community Development Director Justin Erickson spoke to Commissioners regarding a state law change that will change zoning requirements for medical or non-medical treatment centers. This law will go into effect November 1, 2009. The law will require notification to surrounding landowners within ¼ mile radius of said treatment center and the notification will be required 30 days prior to the zoning change hearing.
Mr. Erickson also spoke regarding Senate Bill 307 which requires a certificate of liability insurance and a certificate of workers compensation coverage prior to a building permit being issued to residential contractors. Mr. Erickson stated that this requirement will result in an increase in costs for implementation and an ordinance will be presented for consideration at the October 19, 2009 meeting outlining the fee structure.
Mr. Erickson then updated Commissioners on the status of an existing $200,000 grant which the City had previously been awarded for the Regional Park. Staff is currently seeking approval for an extension to the grant and to get approval for the change of location of the park. He further stated that the City can still apply for additional funding. He will soon be requesting permission to request proposals for a consultant to assist in developing a Regional Park master plan.

City Manager Brian McDougal informed the Commission that he had conducted telephone interviews with five candidates for Finance Director. He stated that he would be scheduling in-person interviews with some of the candidates within the next two weeks.

Utility Director Jim Bierd reported that the City’s loan application with the Oklahoma Water Resources Board may be on their November meeting agenda for consideration. He was assured that if it did not appear on November’s agenda, it would definitely be heard in December.
Mr. Bierd further reported that the City is still using water from the Wes Watkins Reservoir. He stated that the DEQ numbers are still very favorable.

AGENDA ITEM NO. 13: Commissioners Comments

Mayor Peterson asked the Commission to provide her with input regarding the recently established Citizens’ Advisory Committee on Sustainability. She stated that she had recently met with members of Sustainable Shawnee who told her that they felt the City Commission was not entirely supportive of their efforts. The Mayor encouraged Commission members to let her know if they felt the Citizens’ Advisory Committee on Sustainability has a purpose and whether it has the support of the Commission.

Commissioner Sims related information regarding an Ordinance passed by the City of The Village which allows large signs to be placed in the yards of properties that have been found in violation of city codes and are public nuisances. These signs identify a “Notice of Violation” and require remediation of the nuisance within ten days. There is also a monetary fine attached to the removal of the sign from the property. Mr. Sims stated that he feels like the City of Shawnee should take a more aggressive approach to code violations. Community Development Director Erickson stated that he was aware of the program being used in The Village and would check into it further.
Commissioner Sims also asked about an ordinance that would allow the City to consider local preference when considering bid awards. City Attorney John Canavan said he would look into the issue.

Vice Mayor Stephens thanked everyone for coming to the ground breaking ceremony for the Veterans’ Memorial. She also singled out city staff for their hard work on the project.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, a motion was made by
Vice Mayor Stephens, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried 7-0. (7:55 p.m.)

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





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