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Date: 11/17/2014Board: City CommissionDocumentType: MinutesWeb Posted: 12/2/2014 3:57:10 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 17, 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, Monday, November 17, 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

Gary Vogel Absent
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

Lesa Shaw Micheal Dykstra
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Linda Agee

INVOCATION Lord’s Prayer

FLAG SALUTE Led by Commissioner Vogel

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.

AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Mainord
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Minutes from the November 3, 2014 regular meeting

b. Acknowledge the following minutes:
• Shawnee Urban Renewal Authority minutes from the September 9, 2014 meeting
• Planning Commission minutes from the September 3, 2014 meeting

c. Acknowledge Commission and Related Authorities meeting schedule for 2015

d. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Moses Ramirez.

e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Ben Walker.

f. Partial release of public easement in the Shawnee Marketplace Plat

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-f). Motion carried 6-0.
AYE: Hall, Harrod, Mainord, Shaw, Dykstra, Vogel
NAY: None

AGENDA ITEM NO. 3: Commissioners Comments

Vice Mayor Harrod stated that Commissioner Agee is in Shreveport with the Avedis Foundation.

Commissioner Dykstra thanked the City street crews that cleaned the roads after the snow storm on Sunday.

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 Resolution of support for Avedis Foundation and partnership in their Community Renewal International Pilot Program.

Resolution No. 6482 was introduced.

A RESOLUTION OF THE CITY OF SHAWNEE IN SUPPORT OF COMMUNITY RENEWAL OF POTTAWATOMIE COUNTY

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve a resolution of support for Avedis Foundation and partnership in their Community Renewal International Pilot Program. Motion carried 6-0.

AYE: Harrod, Dykstra, Vogel, Mainord, Hall, Shaw
NAY: None

Michelle Briggs was present to accept Resolution No. 6482 presented by the Mayor.

AGENDA ITEM NO. 6 Consider a resolution of support for the construction of a 26 single unit housing development and supporting favorable consideration for tax credit award for Excel Development Group.

Jennifer McCabe with Excel Development Group stated that the development will be 26 single family homes. They are required to have the resolution of support prior to applying for the tax credit award.

Resolution No. 6483 was introduced.

A RESOLUTION SUPPORTING THE CONSTRUCTION OF A 26 UNIT HOUSING DEVELOPMENT BY EXCEL DEVELOPMENT GROUP LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA; AND SUPPORTING FAVORABLE CONSIDERATION BE GIVEN FOR TAX CREDIT AWARD FOR THIS DEVELOPMENT.

A motion was made by Commissioner Dykstra, seconded by Commissioner Hall, to approve a resolution of support for the construction of a 26 single unit housing development and supporting favorable consideration for tax credit award for Excel Development Group. Motion carried 4-1-1.

AYE: Dykstra, Hall, Vogel, Mainord
NAY: Harrod
ABSTAIN: Shaw

AGENDA ITEM NO. 7: Consider a resolution to declare certain items surplus property and authorizing the sale of said items at auction.

James Bryce, Director of Operations, passed out a list of vehicles that would replace the list originally included in the agenda.

Resolution No. 6484 was introduced.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE SALE OF SAID ITEMS BY PUBLIC AUCTION.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Vogel, to declare certain items surplus property and authorizing the sale of said items at auction. Motion carried 6-0.

AYE: Harrod, Vogel, Mainord, Hall, Shaw, Dykstra
NAY: None

AGENDA ITEM NO. 8: Consider a resolution to surplus certain Shawnee Police Department vehicles and donate to the City of McLoud Police Department.

Resolution No. 6485 was introduced.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE DONATION OF SAID ITEMS TO THE CITY OF MCLOUD POLICE DEPARTMENT.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to surplus certain Shawnee Police Department vehicles and donate to the City of McLoud Police Department. Motion carried 6-0.

AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Mainord
NAY: None

AGENDA ITEM NO. 9: Consider a resolution to surplus certain Shawnee Police Department vehicles and donate to the Oklahoma Baptist University Police Department.

Resolution No. 6486 was introduced.

A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE DONATION OF SAID ITEMS TO THE OKLAHOMA BAPTIST UNIVERSITY POLICE DEPARTMENT.

A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to to surplus certain Shawnee Police Department vehicles and donate to the Oklahoma Baptist University Police Department. Motion carried 6-0.

AYE: Hall, Dykstra, Vogel, Harrod, Mainord, Shaw
NAY: None

AGENDA ITEM NO. 10: Consideration of approval of a Preliminary Plat for Woodsong located NE of Woodsong Garden, Shawnee, Oklahoma. Case No. S11-14. Applicant: Austin 2008 Revocable Trust.
Justin Debruin, Assistant City Planner, provided a staff report.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the preliminary plat for Woodsong located NE of Woodsong Garden, Shawnee, Oklahoma with the following conditions:

1. Final construction documents must be approved by the City Engineer concurrent with Final Plat approval.
2. The final engineered drainage plan must be approved by the City Engineer concurrent with Final Plat approval.
3. The following offsite improvement is required concurrent with Phase 1 infrastructure construction:
a. A public roadway shall be constructed to connect Madison Avenue (proposed) with Kellye Green Street (existing). The proposed roadway is indicated on the preliminary plat and shown within a 50-foot road and utility easement.
4. All other applicable City standards apply.
Motion carried 6-0.

AYE: Hall, Harrod, Mainord, Shaw, Dykstra, Vogel
NAY: None

AGENDA ITEM NO. 11: Consideration of approval of a Final Plat for Deer Field Estates located in the 1400-1500 block of East Bradley, Shawnee, Oklahoma. Case No. S12-14. Applicant: Kishwaukee Enterprises LLC

Justin Debruin, Assistant City Planner, provided a staff report.

A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve the final plat for Deer Field Estates located in the 1400-1500 block of East Bradley, Shawnee, Oklahoma with the following conditions:

1. Final construction documents must be approved by the City Engineer prior to construction.

2. Prior to filing the final plat, the applicant shall commence with making the required and proposed public site improvements in accordance with construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.

3. A four (4') foot sidewalk shall be installed along Bradley Street prior to recording of the final plat.

4. All other applicable City standards apply.

Motion carried 6-0.

AYE: Shaw, Dykstra, Vogel, Harrod, Mainord, Hall
NAY: None

AGENDA ITEM NO. 12: Discussion, consideration and possible action of an ordinance amending the employee retirement system, defined benefit plan of the City of Shawnee, Oklahoma, to incorporate the definition of spouse; providing for effective date, providing for repealer and severability; and declaring an emergency.

Jodi Cox with Oklahoma Municipal Retirement Fund (OMRF) gave an explanation of OMRF. She also stated that the federal government is requiring this amendment due to the Supreme Court ruling in the Windsor case.
A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve an ordinance amending the employee retirement system, defined benefit plan of the City of Shawnee, Oklahoma, to incorporate the definition of spouse; providing for effective date, providing for repealer and severability; and declaring an emergency.

Ordinance No. 2553NS was introduced.

AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN OF THE CITY OF SHAWNEE, OKLAHOMA, TO INCORPORATE THE DEFINITION OF SPOUSE; PROVIDING FOR EFFECTIVE DATE, PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.

Motion carried 6-0.

AYE: Hall, Dykstra, Vogel, Harrod, Mainord, Shaw
NAY: None

Ordinance No. 2553NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2553NS. Motion carried 6-0.

AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Mainord
NAY: None

AGENDA ITEM NO. 13: Discussion, consideration and possible action of 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; providing for employer pickup of mandatory contributions; providing for the determination of vesting for City Manager; providing for repealer and severability; and declaring an emergency. (DBO-w/a)

Human Resources Director, Tammy Johnson, stated that the OMRF plan needed to be amended to match City Manager Brian McDougal’s employment contract.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve 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; providing for employer pickup of mandatory contributions; providing for the determination of vesting for City Manager; providing for repealer and severability; and declaring an emergency.

Ordinance No. 2554NS was introduced.

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; PROVIDING FOR EMPLOYER PICKUP OF MANDATORY CONTRIBUTIONS; PROVIDING FOR THE DETERMINATION OF VESTING FOR CITY MANAGER; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.

Motion carried 5-1.

AYE: Harrod, Hall, Dykstra, Vogel, Mainord
NAY: Shaw

Ordinance No. 2554NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve emergency clause relating to Ordinance No. 2554NS. Motion carried 5-1.

AYE: Harrod, Dykstra, Vogel, Mainord, Hall
NAY: Shaw

AGENDA ITEM NO. 14: Discussion, consideration and possible action of 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 definition of employee; pertaining to the definition of compensation; pertaining to plan design; pertaining to allocation of forfeitures; providing for repealer and severability; and declaring an emergency. (DCO-w/a)


A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve 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 definition of employee; pertaining to the definition of compensation; pertaining to plan design; pertaining to allocation of forfeitures; providing for repealer and severability; and declaring an emergency.

Ordinance No. 2555NS was introduced.

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 DEFINITION OF EMPLOYEE; PERTAINING TO THE DEFINITION OF COMPENSATION; PERTAINING TO PLAN DESIGN; PERTAINING TO
ALLOCATION OF FORFEITURES; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.

Motion carried 5-1.

AYE: Harrod, Hall, Dykstra, Vogel, Mainord
NAY: Shaw

Ordinance No. 2555NS was adopted by the City Commission.

A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve emergency clause relating to Ordinance No. 2555NS. Motion carried 5-1.

AYE: Harrod, Hall, Dykstra, Vogel, Mainord
NAY: Shaw

AGENDA ITEM NO. 15: Discussion, consideration and possible action of 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; providing for the determination of vesting for City Manager; providing for repealer and severability; and declaring an emergency. (CMO-SI)

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve 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; providing for the determination of vesting for City Manager; providing for repealer and severability; and declaring an emergency.

Ordinance No. 2556NS was introduced.

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; PROVIDING FOR THE DETERMINATION OF VESTING FOR CITY MANAGER; PROVIDING FOR REPEALER AND SEVERABILITY; AND DECLARING AN EMERGENCY.

Motion carried 5-1.

AYE: Hall, Harrod, Mainord, Dykstra, Vogel
NAY: Shaw

Ordinance No. 2556NS was adopted by the City Commission.

A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve emergency clause relating to Ordinance No. 2556NS. Motion carried 5-1.

AYE: Hall, Dykstra, Vogel, Harrod, Mainord
NAY: Shaw

AGENDA ITEM NO. 16: Discussion, consideration and possible action to authorize staff to apply for a splash pad grant and designation of funds.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to authorize staff to apply for a splash pad grant and to determine designation of funds. Motion carried 5-1.

AYE: Hall, Harrod, Mainord, Dykstra, Vogel
NAY: Shaw

AGENDA ITEM NO. 17: Acknowledge Sales Tax Report received November 2014.

Cynthia Sementelli, Finance Director, reported that November sales tax collected this month was $1,374,143. Compared to last year's it is down $125,040.00 or 8.34%. Compared to 2012 it is up $121,000.00.

AGENDA ITEM NO. 18: City Manager’s Report.

City Manager Brian McDougal reported on the following:

1. The City Manager’s Office is working on scheduling a City Commission retreat. Commissioners will be notified in the near future concerning the date.
2. Oklahoma Baptist University (OBU) students have made approximately 2,200 telephone calls for market research regarding the “Shop Shawnee” campaign.
3. He has been working with all of the departments to compile the list of surplus vehicles for the auction.
4. He will be bringing a job description to the Commission for the Aquatics Director.
5. The City has received a plaque of recognition by the governor for their partnership with Work Force Oklahoma for work that began after the May, 2013 tornado.
6. The City is negotiating with the Town of McLoud to perform maintenance on McLoud’s fleet vehicles.
7. He announced that he is the final candidate for the job of City Manager in Port Arthur, Texas. They are currently in contract negotiations. He will keep the Commission informed.

AGENDA ITEM NO. 19: 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. 20: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:30 p.m.)

WES MAINORD, MAYOR

ATTEST:


_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK


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