Date: 11/7/2011Board: City CommissionDocumentType: MinutesWeb Posted: 11/22/2011 1:53:01 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
NOVEMBER 7, 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, November 7, 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 Rev. Amy Perkins
United Presbyterian Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Agenda. Motion carried 7-0.

AYE: Sims, Collier, Winterringer, Smith, Stephens, Harrod, Peterson
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 12.

b. Minutes from the October 17, 2011 regular meeting.

c. Budget Amendment FY 2011-2012 2011 CDBG Entitlement Grant Fund.

d. Budget Amendment General Fund to bring up compensated absences from fund balance to accommodate those who have left.

e. Budget Amendment SMA to bring up compensated absences from fund balance to accommodate those who have left through September 30, 2011

f. Budget Amendment Streets Fund 302

g. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from August 18, 2011 and September 15, 2011
• Traffic Commission minutes from August 23, 2011

h. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Dan Cope. North Side Plant – Utilities.

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Christina Oldham – Police Dispatch.

j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Charles Goudeau – Expo Center.

k. Acknowledge Shawnee Hospital Authority resignation of Darrell Coker effective 9/30/11 and re-appointment of Michelle Briggs and J. Michael Adcock terms to expire 9/30/2017.

l. Authorize SMA staff to request bids for future Emergency Water Line Repairs, if needed.

m. Authorize SMA staff to request bids for annual sewer line replacement projects.

n. Authorize SMA staff to request bids for purchase of a Sewer Line TV Inspection Truck for Wastewater Collection.

o. Authorize Parks staff to request bids for Purchase and Installation of Dean Wiegant Playground Unit.

p. Authorize Engineering staff to advertise for bids the City's FY11-12 Sidewalk/Handicap Ramp Project at various locations throughout the City.

q. Authorize Engineering staff to advertise for bids on the Harrison Street Median Landscaping Project (ODOT Proj. No. 26882(04) STP-163E(336)EH.

r. Approve Holiday Schedule for 2012

s. Approve Board of Commissioners and Authorities meeting schedule for 2012.

t. Approve a resolution of support recognizing the importance of the F-35 to the State of Oklahoma and the city of Enid, our military, and our national security, and support high production and full funding of the F-35 Joint Strike Fighter program.

Resolution No. 6414 is:

A RESOLUTION OF SUPPORT TO RECOGNIZE THE IMPORTANCE OF THE F-35 TO THE STATE OF OKLAHOMA AND THE CITY OF ENID, OUR MILITARY, AND OUR NATIONAL SECURITY, AND SUPPORT HIGH PRODUCTION AND FULL FUNDING OF THE F-35 JOINT STRIKE FIGHTER PROGRAM.

u. Approve Supplemental Agreement No. 1 – “Rehabilitate Runway 17-35; Grade Safety Areas; and Construct Connecting Taxiway”, COS Project No. COS-PW-11-01, FAA AIP Project No. 3-40-0088-015-2011 OAC Project No. SNL-12-FS.

v. Traffic Commission Board Recommendation

A. Discussion of meeting cancellation policy

STAFF RECOMMENDATION: Staff recommends discussion of necessity of instituting meeting cancellation policy

BOARD RECOMMENDATION: No policy necessary, process will suffice as is.

B. Consideration of Staff request to remove 2 stop signs at the intersection of Bradley and Elm, (3way stop, leaving stop sign on Elm, removing only the two on Bradley)

STAFF RECOMMENDATION: Staff recommends stop signs on Bradley at Elm be removed.

BOARD RECOMMENDATION: Board agrees with Staff recommendation to remove stop signs.

C. Consideration of request by Main Street Cycles to remove current parking striping in front of 506 E. Main and replace with motorcycle parking only

STAFF RECOMMENDATION: Staff has no recommendation at this time

BOARD RECOMMENDATION: Board recommends denying request.

A motion was made by Vice Mayor Collier, seconded by Commissioner Sims, to approve the Consent Agenda Items a-h. Motion carried 7-0.

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

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

Shawnee Chamber of Commerce Chairman Joe Ford spoke regarding the proposed capital improvement projects. Mr. Ford noted that Commissioners had been invited to attend several Chamber Past Presidents’ meetings to discuss these capital projects. Mr. Ford stated that it was the Chamber board’s opinion that the price of the Regional Sports Park is too large and should be reduced. He further stated that they would like to see the capital projects funded from a ten-year ½ cent sales tax, and not through ad valorem taxes.

Mr. Jim Collard questioned whether the lake dams had been checked after the recent earthquakes in the area. City Manager Brian McDougal responded that all three dams had been checked and no problems were detected.

AGENDA ITEM NO. 4: Mayor’s Proclamation:
“National American Indian Heritage Month”
November 2011

Judith Michener accepted the Mayor’s Proclamation for “National American Indian Heritage Month” presented by Mayor Peterson.

AGENDA ITEM NO. 5: Discussion and possible action concerning the Billboard Moratorium that was enacted on October 21, 2002.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve staff’s recommendation to address this issue with the following hearing schedule: December 7 – Planning Commission review and discussion; January 4 – Planning Commission public hearing; and January 17, 2012 – City Commission consideration and public hearing. Motion Carried 7-0.

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

AGENDA ITEM NO. 6: Consideration of approval of the Golden Acres Cottages final plat located at 1701 W. MacArthur. Case #S10-11
Applicant: Marical Brothers Real Estate.

Commissioner Harrod questioned whether the applicant should be proceeding with the building of the project prior to final plat approval. In the absence of the Community Development Director, City Engineer John Krywicki stated that as long as a performance bond is in place, the building permit can be issued.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to approve the Rolling Hills Addition final plat located at 1701 W. MacArthur contingent upon the following condition being met:

1. Prior to recording the Final Plat, copies of all required maintenance bonds, as-built drawings and easements shall be submitted for review and approval by the City Engineer.

Motion carried 6-1.

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

AGENDA ITEM NO. 7: Consider Acceptance of the 30" Raw Water Transmission Line (Contract No. SMA-09-04) DWSRF Proj. No. P40-1020504-01 and placing Maintenance Bond into effect.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept the 30" Raw Water Transmission Line (Contract No. SMA-09-04) DWSRF Proj. No. P40-1020504-01 and place the Maintenance Bond into effect. Motion carried 7-0.

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

AGENDA ITEM NO. 8: Consider Acceptance of the Shawnee Twin Lakes Intake Tower Valve Replacement Project (Contract No. SMA-09-05) DWSRF Proj. No. P40-1020504-01 and placing Maintenance Bond into effect.

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to accept the Shawnee Twin Lakes Intake Tower Valve Replacement Project (Contract No. SMA-09-05) DWSRF Proj. No. P40-1020504-01 and place the Maintenance Bond into effect. Motion carried 7-0.

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

AGENDA ITEM NO. 9: Discussion and possible action on report from subcommittee setting out package for capital improvement projects and funding.

Mayor Peterson spoke regarding the subcommittee’s recommendation. Each Commissioner, staff member and news media member had been provided a copy of the recommendations prior to the meeting. The Mayor spoke regarding the projects and costs of each that they wished to submit to the voters. Also included in the recommendations were the approximate $3.5 million of more immediate projects to be completed at the Expo from the extension of the current bond.
Commission Harrod read the list of projects and amounts out loud and expressed frustration that other Commissioners were not listening to the Chamber of Commerce and their constituents.
Mayor Peterson continued with the recommendations from the sub-committee. She noted that the amount of street improvement dollars has increased to $13 million. She outlined the specific streets to be included in the project.
City Attorney Mary Ann Karns stated that bond advisers and attorneys were requesting a special call meeting Monday, November 14, 2011 at 1:30 p.m. to determine projects, amounts and funding sources. Commissioner Sims questioned the need for the meeting stating he felt the information provided by the subcommittee should be enough for bond advisers/counsel. Ms. Karns stated that a resolution regarding the $3.5 Expo improvements was also needed at the November 14th meeting for finalization by the end of the year.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to accept the subcommittee’s report and recommendation and move forward with these recommendations to bond counsel. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Discussion and possible action regarding new structure and/or trust for economic development entity.

A motion was made by Commissioner Sims, seconded by Commissioner Stephens, to direct staff to evaluate existing structure of the Shawnee Economic Development Authority, to explore other options, including a trust authority. Motion carried 7-0.

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

AGENDA ITEM NO. 11: Consideration of a resolution regarding Oklahoma Department of Transportation partnering with City of Shawnee on preliminary engineering design study on Kickapoo Street, from Kickapoo Spur to Farrall Street.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Resolution regarding Oklahoma Department of Transportation partnering with City of Shawnee on preliminary engineering design study on Kickapoo Street, from Kickapoo Spur to Farrall Street.

Resolution No. 6415 was introduced and the title read aloud.

A RESOLUTION TO COMPLETE THE PROJECT IMPROVEMENTS FROM THE KICKAPOO SPUR TO FARRALL STREET THROUGH A CONTINUED PARTNERSHIP WITH OKLAHOMA DEPARTMENT OF TRANSPORTATION.

Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider Bids:

a. Removal of Snow and Ice From the Streets of the City of Shawnee Proposal (Open)

Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.
Total Cost to operate per hour including labor, maintenance, fuel, tires, etc.

Proposal
From Equipment
and
Operators Number of Operator and Equipment
Units Available 8am to 5 pm
Monday through Friday 5pm to 8am Monday through Friday Saturdays
And
Sundays Holidays
C-P Integrated Services, Oklahoma City, OK Truck with 8 foot
snow plow,
salt spreader, and Operator
3
$165.00
$165.00
$165.00
$165.00

BDC Homes, Shawnee, OK
Skid Steer Loader, 10 foot; snow plow; & operator
1
$125.00
$125.00
$125.00
$135.00

Emergency Management Director Don Lynch 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 Harrod, seconded by Commissioner Winterringer, to defer the bid award to the November 21, 2011 City Commission meeting. Motion carried 7-0.

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

b. Rebuild One (1) Primary Clarifier and one (1) Intermediate Clarifier (Open)

BIDDER AMOUNT

J.S. Haren Company $211,000.00
Athens, TN

DPS Equipment Services, Inc. $117,700.00
Byron, IL

BRB Contractors Inc. $244,090.00
Topeka, KS

Wynn Construction Co. Inc. $214,000.00
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 Commissioner Stephens, to defer the bid award to the November 21, 2011 City Commission meeting. Motion carried 7-0.

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

c. Tapping Machine, Valve Insertion Equipment (Award)

Utility Director Jim Bierd announced that two bids were received and after review and consideration it was their recommendation to award the bid to Hydra Stop of Alsip, Illinois in the amount of $37,519.00.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept staff’s recommendation and award the bid to Hydra Stop in the amount of $37,519.00. Motion carried 7-0.


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

d. Biosolids Land Application Apparatus (Award)

Utility Director Jim Bierd announced that one bid was received and after review and consideration it was their recommendation to award the bid to Mardell Bottles/Quality Truck & Equipment Co. of Bloomington, Illinois in the amount of $304,341.00.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to Mardell Bottles/Quality Truck & Equipment Co. in the amount of $304,341.00. Motion carried 7-0.

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

e. Safe Routes to School Infrastructure Project COS-PW-11-02 (Open)

City Engineer John Krywicki announced that eight bids were received and after review and consideration it was their recommendation to award the bid to Parathon Construction LLC of Edmond, OK in the amount of $87,352.50.

A motion was made by Commissioner Harrod, seconded by Vice Mayor Collier, to accept staff’s recommendation and award the bid to Parathon Construction LLC in the amount of $87,352.50. Motion carried 7-0.

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

AGENDA ITEM NO. 13: 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. 14: Administrative Reports

Emergency Management Director Don Lynch reported on the recent earthquakes and aftershocks that have affected the area. Mr. Lynch stated that one spire had fallen, one spire had partially collapsed and the other two spires were badly cracked at on the Administration building at St. Gregory’s University. He further stated that Neal’s Home Furnishings in downtown Shawnee had sustained damages as well as four city residences. Crews have inspected structures owned by the City of Shawnee and determined that the water plant and both sewer treatment plants sustained damage. As stated earlier, all three dams were walked by crews and no damage was found. Mr. Lynch stated that the Emergency Management website now contains information on earthquake preparedness.
City Manager Brian McDougal provided information regarding his recent trip to San Antonio to attend the International Council of Shopping Centers conference. This conference is retail based with cities being able to speak to retail vendors about locating outlets in their cities. The City of Shawnee shared a booth with other Oklahoma vendors at this Texas based conference.

AGENDA ITEM NO. 17: Commissioners Comments

Commissioner Harrod asked about the ownership of the land being used by the Expo Center. Mary Ann Karns stated that the City owns everything except a tract of land owned by the Shawnee Municipal Authority. She has asked the Engineering Department to develop a legal description of the property in question so that the appropriate deeds can be prepared and executed.

Commissioner Harrod further explained that his “aye” vote regarding the capital improvement items does not mean that he agrees with the projects/amounts/funding being presented.

Mayor Peterson stated that an oversight committee will be developed once the capital projects are approved.

AGENDA ITEM NO. 18: 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. (7:28 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:


PHYLLIS LOFTIS, CITY CLERK

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