Date: 8/6/2012Board: City CommissionDocumentType: MinutesWeb Posted: 8/21/2012 2:06:11 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 6, 2012 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, August 6, 2012 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Vice Mayor Collier presided and called the meeting to order. Upon roll call, the following members were in attendance.

Absent
Mayor

Absent Frank Sims
Commissioner Ward 1 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: Peterson, Stephens, Winterringer

INVOCATION Rev. David Henry
Calvary Baptist Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve the Agenda. After some discussion regarding pulling some items from the agenda, it was noted by City Attorney Mary Ann Karns that because only four Commissioners were present all motions must be unanimous. Commissioner Sims withdrew his motion and Commissioner Smith withdrew his second to the motion.
Commissioner Sims then made a motion to adjourn the meeting, seconded by Commissioner Smith. Motion failed 3-1.

AYE: Sims, Smith, Collier
NAY: Harrod

The meeting moved forward with Commissioners agreeing to consider continuing some of the items of disagreement when those items were called on the agenda.

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

a. Minutes from the July 16, 2012 regular meeting.

b. Acknowledge the following minutes:

• Shawnee Beautification Committee minutes from March 8, 2012
• Shawnee Civic and Cultural Development Authority minutes from May 17, 2012 meeting. (Deferred from the July 16, 2012 meeting)

c. Request authorization to solicit bids for emergency snow removal agreement.

d. Authorize Information Systems Department to purchase Tyler Content Management Enterprise imaging system solution.

e. Acknowledge Official Certificate of Votes from the June 26, 2012 election for Mayor, Ward II Commissioner, Ward III Commissioner and Ward IV Commissioner.

f. Authorize Fire Department to submit SAFER Grant request to FEMA

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the Consent Agenda Items a-f. Motion carried 4-0.

AYE: Sims, Harrod, Collier, Smith
NAY: None


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

Mr. Phil Tomlinson spoke regarding the time of certain agenda items and asked that any controversial items such as the Shawnee Convention and Visitors Bureau and the Executive Session regarding the contracts of the City Attorney and City Manager be continued.

Mr. Hershel Ring spoke once again regarding alleged fraud regarding two members of the Shawnee Police Department. Mr. Ring was told that this issue is a personnel matter and the City Commission is not the proper forum for this discussion. He was told to refer to the letter he’d received from the City Attorney that advises him to seek assistance with the District Attorney’s office regarding the fraud allegation.

Mr. Dane Pollei, of Mabee Gerrer Museum spoke in support of the Convention and Visitors Bureau and urged all parties to sit down and work out an agreement beneficial to all.

Ms. Linda Agee echoed Mr. Tomlinson’s request to continue the CVB agenda items, the Executive Session and the Mayor’s appointment of the Pool Committee.

AGENDA ITEM NO. 4: Consider an ordinance de-annexing property located at northwest of the intersection of Lake Road and Drummond Road consisting of a part of the plat of Rolling Meadows.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve an ordinance de-annexing property located at northwest of the intersection of Lake Road and Drummond Road consisting of a part of the plat of Rolling Meadows.

Ordinance No. 2483NS was introduced.

AN ORDINANCE DE-ANNEXING/DETACHING CERTAIN PROPERTY NOW WITHIN THE CITY LIMITS OF SHAWNEE, OKLAHOMA, DESCRIBING SAID PROPERTY, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY.

Motion carried 4-0.

AYE: Sims, Harrod, Collier, Smith
NAY: None

A motion was made by Commissioner Sims, and seconded by Commissioner Harrod, to approve the Emergency Clause. Motion carried 4-0.

AYE: Sims, Harrod, Collier, Smith
NAY: None

AGENDA ITEM NO. 5: Consider acceptance of public easements and dedications associated with the Final Plat of Legacy Park Second Addition and authorizing recording of the final plat and obtainment of signatures.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve the public easements and dedications associated with the Final Plat of Legacy Park Second Addition and authorizing recording of the final plat and obtainment of signatures. Motion carried 4-0.

AYE: Sims, Smith, Collier, Harrod
NAY:

AGENDA ITEM NO. 6: Consider a resolution authorizing approval of ODOT LPA Agreement for the Kickapoo Street Paving Project (MacArthur to Kickapoo Spur)

Resolution No. 6429 was introduced.

A RESOLUTION APPROVING THE EXECUTION OF A CERTAIN RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT BETWEEN THE CITY OF SHAWNEE AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF OKLAHOMA REGARDING PUBLIC PROJECT SEC 177-163A(227)SG, J/P 22908.

It was noted by Commissioner Sims, that the address listed on the agreement stated “north of University” and should most likely read “north of MacArthur”. City Engineer John Krywicki agreed that MacArthur was correct and he would provide corrected copies of the agreement. A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to approve a resolution authorizing approval of ODOT LPA Agreement for the Kickapoo Street Paving Project (MacArthur to Kickapoo Spur). Motion carried 4-0.

AYE: Harrod, Smith, Sims, Collier
NAY: None

AGENDA ITEM NO. 7: Consider an ordinance relating to water and sanitary sewer rates. (Deferred from July 16, 2012 meeting).

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve an ordinance relating to water and sanitary sewer rates.

Ordinance No. 2484NS was introduced.

AN ORDINANCE RELATING TO WATER AND SANITARY SEWER RATES FOR THE CITY OF SHAWNEE, OKLAHOMA, AMENDING SUBSECTIONS (a) AND (b), SECTION 26-26, ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE; AMENDING WATER RATES FOR RESIDENTIAL AND COMMERCIAL USE BOTH INSIDE AND OUTSIDE THE CITY LIMITS; AMENDING SUB-SECTIONS (b) AND (c), SECTION 26-27, ARTICLE II, CHAPTER 26 OF THE CODE OF THE CITY OF SHAWNEE; AMENDING SANITARY SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USE BOTH INSIDE AND OUTSIDE THE CITY LIMITS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

Motion carried 4-0.

AYE: Harrod, Sims, Collier, Smith
NAY: None

A motion was then made by Commission Sims, seconded by Commissioner Harrod, to approve the emergency clause. Motion carried 4-0

AYE: Sims, Harrod, Collier, Smith
NAY: None

AGENDA ITEM NO. 8: Consider approval of an ordinance revising the Drought Management Plan that was passed and approved on June 18, 2012.

After some discussion from Commissioner Sims regarding allowing residents to “hand water” shrubs, flowers, house foundations, etc., it was requested that staff look into this option and see if this was something that could be incorporated into our current Drought Management Plan. A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve an ordinance revising the Drought Management Plan that was passed and approved on June 18, 2012, as presented.

Ordinance No. 2485NS was introduced.

AN ORDINANCE RELATING TO A DROUGHT MANAGEMENT PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA, REPEALING AND AMENDING SECTIONS 26-67 AND 26-67.1 OF THE SHAWNEE MUNICIPAL CODE, SETTING FORTH VOLUNTARY AND MANDATORY RESTRICTIONS FOR WATER USE IN CASE OF WATER SHORTAGES, PROVIDING FOR PENALTIES, PROVIDING FOR REPEALER, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY.

Motion carried 4-0.

AYE: Sims, Harrod, Collier, Smith
NAY: None

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to approve the emergency clause. Motion carried 4-0,

AYE: Sims, Harrod, Collier, Smith
NAY: None

AGENDA ITEM NO. 9: Discussion, consideration and possible action to determine whether to renew contract with Shawnee Area Chamber of Commerce for operation of a Convention and Visitor’s Bureau, and, if so, discussion, consideration and possible action on amendments to the Contract.


AGENDA ITEM NO. 10: Discussion, consideration and possible action to create a new entity for operation of a Convention and Visitor’s Bureau and administration of the Proceeds of the Hotel Occupancy Surcharge. Items to be considered will be whether the entity should be an Oklahoma Statutory Trust or a tax-exempt corporation pursuant to Oklahoma law and Section 501(c)(6) of the Internal Revenue Code. Items to be considered include the approval of either a Trust Indenture or Articles of Incorporation, powers and duties of the entity, name of entity, selection of initial Board of Trustees/Directors and any other administrative items needed for creation of the entity. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce)

AGENDA ITEM NO. 11: Discussion, consideration and possible action to set a special meeting to meet with Board of Trustees or Board of Trustees for newly created entity for purposes of contracting for the operation of a Convention and Visitor’s Bureau and arranging for transition of operations. (This item will be considered only if the Commission determines it will not continue the Contract with the Chamber of Commerce and also creates a new entity.)

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to move Agenda Items 9 – 11, to a Special Called meeting to be held on a later date. Motion carried 4-0.

AYE: Sims, Smith, Collier Harrod
NAY: None

AGENDA ITEM NO. 12: Consider Mayor’s appointment of the following as an advisory committee for improvements to the Shawnee Municipal Pool:

Sam Freas Chris Harden
Terry West Cathy Collum
Kevin Kalies Jo Davis
John Winterringer Linda Agee

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to defer this agenda item to a Special Called meeting to be held on a later date, but within the next week. Motion failed 3-1.

AYE: Sims, Smith, Collier
NAY: Harrod

Commissioner Harrod then made a motion to defer this item until after September 6, 2012, the second meeting after the new Mayor and Commissioners are sworn in. Motion dies for lack of a second.

A motion was again made by Commissioner Sims, seconded by Commissioner Smith, to include this Agenda Item in a Special Called meeting to be held within the next week. Motion failed 3-1.

AYE: Sims, Smith, Collier
NAY: Harrod

No action was taken on this item.

AGENDA ITEM NO. 13: Consider Bids:

a. Harrison Street Planter Project Contract No. COS-PW-11-06 (Award)

City Engineer John Krywicki announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to Rudy Construction of Oklahoma City, Oklahoma in the amount of $98,624.00.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept staff’s recommendation and award the bid to Rudy Construction in the amount of $98,624.00. Motion carried 4-0.

AYE: Harrod, Sims, Collier, Smith
NAY: None

b. RFP’s for Phone System Replacement (Open)

Vendor Proposal Alternate
(1) BTC Broadband
Bixby, OK $117,493.50 $6,500.74
(2) Communication Services
Shawnee, OK $49,641.62 $11,785.67
(3) CK Telephone
Enid, OK $74,299.19 $25,523.28
(4) Alexander Operations
Systems $122,337.35 No quote

(5) American Telcom, Inc.
Del City, OK $162,262.90 Included in City Hall and Annex Package
(6) Avaya Intelligent Communications
Edmond, OK $105,557.80 $14,905.20

(7) Stolz Telecom, LLC
Oklahoma City, OK $126,745.00 $19,065.00

Emergency Management Director Don Lynch read the RFP’s into the record and requested to defer action until the October 15, 2012 City Commission meeting.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept staff’s recommendation and defer action until the October 15, 2012 City Commission meeting. Motion carried 4-0.

AYE: Harrod, Sims, Collier, Smith
NAY: None

c. RFQ’s for Design of the Municipal Pool (Open)

BIDDER

Planning Design Group
Tulsa, OK

Paddock Enterprises Inc.
Oklahoma City, OK

Randy Floyd Architects
Oklahoma City,OK

Bockus Payne Associates Architects
Oklahoma City, OK

Guernsey Engineers – Architects - Consultants
Oklahoma City, OK

HSE Architects
Oklahoma City, OK

Brinkley Sargent Architects
Dallas, TX

Crafton Tull & Amp Associates Inc.
Oklahoma City, OK

Water’s Edge Aquatic Design
Lenexa, KS

GH2 Architects, LLC
Tulsa, OK

Director of Operations James Bryce read the RFQ vendors into the record and requested time to review the qualifications and to possibly include the Pool Committee when established in the decision process.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept staff’s recommendation and defer action until after September 6, 2012. Motion carried 4-0.

AYE: Harrod, Sims, Collier, Smith
NAY: None

AGENDA ITEM NO. 14: 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. 15: Administrative Reports

There were no Administrative Reports

AGENDA ITEM NO. 16: Commissioners Comments

There were no Commissioner Comments

AGENDA ITEM NO. 17: Consider an Executive Session to discuss City Attorney’s employment contract pursuant to 25 O.S. §307(B)(1).

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to defer this item under the next regularly scheduled City Commission meeting. Motion Failed 3-1.

AYE: Sims, Collier, Smith
NAY: Harrod

AGENDA ITEM NO. 18: Consider an Executive Session to discuss City Manager’s employment contract pursuant to 25 O.S. §307(B)(1).

A motion was made by Commissioner Smith, seconded by Commissioner Sims, to defer items 17 through 20 under the next regular City Commission meeting. Motion failed 3-1.

AYE: Smith, Sims. Collier
NAY: Harrod

In reference to Agenda Item No. 17, City Attorney Mary Ann Karns asked to be allowed to withdraw the item from consideration at this time.

Regarding Agenda Item No. 18, City Manager McDougal also withdrew the item from consideration.

AGENDA ITEM NO. 21: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 4-0. (7:28 p.m.)

AYE: Harrod, Sims, Collier, Smith
NAY: None



BILLY COLLIER, VICE MAYOR

ATTEST:



PHYLLIS LOFTIS, CMC, CITY CLERK



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